The San Diego medical practice and healthcare attorneys at the Watkins Firm have four decades of experience serving the San Diego and State of California medical and healthcare business community. If you are searching for attorneys with proven experience in the formation, governance and legal issues facing a healthcare business or medical practice in California we invite you to consider the Watkins Firm.
Important Things to Look For in San Diego Medical Practice and Healthcare Attorneys
- California healthcare businesses and medical practices face some of the heaviest regulatory environments in the nation, especially when it comes to their responsibilities as a California employer.
- Look for a law firm who has extensive experience serving the healthcare industry for decades, and can help with legal issues from formation to acquisition, healthcare corporate governance and compliance, Management Services Organizations, and all aspects of business, practice, and corporate operations.
- Experience and a proven track record of resolving all forms of disputes and lawsuits.
Forming and Maintaining a California Healthcare Entity or Medical Practice
Forming and maintaining a medical practice or healthcare related business entity has become much more complex over the past several years. The implications of the “Patient Protection and Affordable Care Act (PPACA)”, commonly known as the Affordable Care Act (ACA), along with the impact of Electronic Health Records (EHR) / Electronic Medical Records (EMRs) as well as HIPAA and Stark (anti kickback) compliance have changed the nature of healthcare in many ways. Federal regulatory requirements and the unique laws of the State of California require a medical practice to rely on San Diego medical practice and healthcare attorneys with decades of experience in order to remain in compliance.
As a result, many alternative strategies must exist in order to meet the cost-prohibitive challenges of PPACA/ACA without violating state law. Some larger facilities have established “medical foundations” in order to ensure the management of healthcare delivery by licensed physicians and not a corporate entity. Many facilities simply cannot afford this strategy, and seek other options such as a Management Services Organization or MSO, joint ventures, medical directorships, and emergency call coverage agreements. Our experienced healthcare law attorneys will provide advice and help to develop a sound legal strategy and supporting documentation and contracts to support the opportunities you wish to create.
Management Service Organizations or MSOs
Your San Diego medical practice and healthcare attorneys at the Watkins Firm can also provide advice and legal services regarding the formation, risk management, legal and operational issues associated with a Management Service Organization or MSO.
An MSO is an exceptional tool for increasing profits while raising the quality of the patient experience. Let business operational experts handle the business side of the equation, while you and your team focus on the delivery of exceptional healthcare. This includes but is not limited to the provision of facilities, furnishings and equipment, technology and software, billing, accounting and tax reporting, collections as well as the negotiation and management of vendors and non-professional/licensed workers to support the operational success of the underlying entity. The implementation of an MSO often leads to increased patient experience and satisfaction scores as well as additional tax advantages and retained earnings.
Comprehensive Legal Services and Dispute Resolution for the Healthcare Industry
The San Diego medical practice and healthcare attorneys at the Watkins Firm have represented, advised and provided legal and employer defense services to the San Diego and California healthcare industry for almost four decades. We have helped to develop practices, worked in mergers and acquisitions for national medical groups and entities, and helped to protect the integrity of our clients businesses and the corporate veil. We keep our medical practice and healthcare clients up to date and in full compliance with federal, state and local laws and regulations. We also provide insight and legal strategies to preserve and protect their interests as a California employer.
Disputes are unfortunately a part of any business, and this applies to the healthcare industry as well. Ask about the Watkins Firm’s unique approach to disputes and lawsuits that is specifically designed to protect our clients goals and objectives, while resolving disputes and lawsuits in a timely and cost-effective manner. We work to efficiently build a well documented thorough chronology and a mastery of potential damages. We represent our medical business clients in negotiations, healthcare mediation and/or arbitration and at trial.
Pro-Tip: “It’s wonderful. It’s complicated, and it is completely involved. Unlike any other law we do. We’ve been doing this since the 1980s, representing doctors and medical entities, and physicians are the smartest people on the planet and they operate in laws that are the most complicated for any business I’ve ever heard of. How’d you get into working with doctors? My first job as an attorney I started working for an attorney named Chris Popov, who’s with me today. And that’s what his practice was, forming, selling and buying healthcare providers, companies, forming medical corporations, PT clinics, MRI centers, psychiatric groups that operated in multiple states, all kinds of complex laws, medical rules and regulations. And it, it took many, many years to master this area of law. I’m still learning.
The medical practice act, business and professions code section 2052 and the California business and professions code section 2400, generally cover a lot of what you can and can’t do. And one of the things you have to understand is who and can’t own a healthcare practice and what types of procedures you can use to facilitate the sale of a healthcare practice, to other licensed professionals. And also, how can we involve other business entities that aren’t licensed professionals in such a transaction?
The California Professional Corporation is a healthcare provider’s only business vehicle. Healthcare providers can’t be limited liability companies. They can’t be these other types of entities. They can be general partners, which is severe liability, or they can be professional healthcare corporations, which shields them from personal liability. To some extent, although a licensed doctor, the one who’s doing the work is always going to be personally liable. That’s why they have to spend so much money on malpractice insurance, but it also is a vehicle where you can bring in other shareholders who qualify. And there are a list of exceptions. Usually most of the owners of a professional corporation providing healthcare have to be licensed healthcare personnel, but there’s a list of exceptions to that law, but it is what doctors use to do business.
Most healthcare businesses have realized the cost savings and profitable advantages of Management Services Organization or MSOs. They can enter into agreements with other corporations or other business service providers. They can buy their own ancillary service providers as long as they comply with all the requirements for that too. So a sole medical practice through their medical corporation can branch out into other forms of business if they know how to do it. And if they work with an experienced lawyer at the Watkins Firm, we can structure everything so that they’re in compliance with Medicare and also their licensed rules and regulations for California, and any other state they’re in.” – Dan Watkins, Founding Partner
Your San Diego Medical Practice and Healthcare Attorneys
It’s time to meet your San Diego medical practice and healthcare attorneys at the Watkins Firm. As a medical practice, practicing physician or healthcare entity you require expert advice and legal representation. There is simply too much at stake, and the continuously changing nature of federal, state and local laws and regulations requires proven, accurate legal guidance.
We invite you to review our podcast Episode 7 – Medical Practices and Healthcare Businesses as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today