Forming and maintaining a medical practice 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) and HIPPA 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 attorneys with decades of experience in order to remain in compliance.
California law generally prohibits the employment of physicians by hospitals in order to deliver healthcare services. 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 joint ventures, medical directorships, and emergency call coverage agreements. Our 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.
Many physicians, especially young residents, do not realize it is possible to negotiate employment contracts. The San Diego medical practice attorneys at the Watkins Firm represent and advise physicians in contract negotiations, separation and executive severance package negotiations as well as legal issues and disputes with large healthcare systems.
We represent and advise medical practices as well. 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. While California is a difficult state for many employers who wish to limit competition from former employees through non-compete agreements, the rules for healthcare practices are quite different. California law provides protections in many cases to partnerships and operating agreements that protect patient goodwill and place geographical limitations on where a doctor is permitted to practice once they leave the partnership or company.
As a practice, practicing physician or healthcare professional 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 strong legal guidance. We invite you to contact the experienced San Diego medical practice attorneys at the Watkins Firm for a free consultation at 858-535-1511.