Medical space leasing requires more consideration and deeper analysis than typical commercial leases. Various federal and state laws regulate financial relationships of medical providers which in turn dictate the terms of a lease.
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Whether you are considering full-time or part-time employment, a newly minted doctor leaving a residency program or a more seasoned practitioner joining a group practice, the following key aspects of an employment relationship should be considered before agreeing to any arrangement. A new advisory opinion from the Office of the Inspector General (OIG) of the Department of Health and Human Services nixed a proposed arrangement between an independent clinical laboratory and physician groups highlighting the intense scrutiny of lab-physician agreements. Certified pharmacists are required to comply with specific reporting requirements. In our third and last article of this series, we discuss some of those requirements below. Pharmacists certified to administer vaccines must comply with specific standards and procedures issued by the Department of Health. In part two of our series analyzing the requirements imposed on pharmacists for vaccine administration, we discuss some of those standards and procedures. Since 2008 certified pharmacists in New York have been authorized to administer vaccines. Today we begin a three part series of articles that examines pharmacists certification requirements for immunization administration, the standards and procedures required for such administration, as well as the State reporting requirements. The government’s authority to exclude practitioners from participation in Federal health care programs has expanded dramatically since program exclusions upon conviction first began back in 1977. In an attempt to address industry questions about the scope of exclusion in today’s regulatory climate, the Office of the Inspector General (OIG) issued an updated Special Advisory bulletin this past May. Deniza Gertsberg presented a breakfast seminar before medical staff of the New York Metropolitan Hospital in New York, NY, on May 28, 2013. The seminar was titled “Physician Employment Contracts.” This is the second time Deniza Gertsberg was invited to present before hospital staff. What’s the difference between the federal physician self-referral law — commonly referred to as the Stark law — and the antikickback statute? We highlighted some of the main distinctions. In addition to the possible legal pitfalls of advertising on groupon-type websites, there are ethical and practice related concerns to be weighed by healthcare practitioners before agreeing to such arrangements. Even with the recent announcement that companies such as Groupon and SocialLiving began offering contracts to healthcare providers that take into consideration the prohibition against fee splitting, practitioners should nonetheless proceed with great caution. Every year the New York State Office of the Medicaid Inspector General (OMIG) publishes a work plan that outlines the agency’s focus in the coming year. As in previous years, the targets of agency’s audits and investigations this work plan cycle remain physicians, dentists, laboratories, transportation providers, pharmacies and DMEs, as well as hospitals and home and community health service providers. Below we discuss some of OMIG’s planned integrity activity. Provider Alert: New York has a series of drug prescription laws that impact medical and pharmaceutical providers. We highlight those provisions below in chronological order. New York State Medicaid Program posted new applications on April 1, 2013 for non-billing providers that order, prescribe, and/or refer beneficiaries with fee-for-service Medicaid coverage. New Jersey Medicaid required all such providers to be enrolled an “non-billing” providers by Jan. 1, 2013. When a healthcare professional faces professional discipline the initial focus tends to be on getting through and beyond the proceeding. Healthcare professionals, however, should also be aware of the collateral consequences that may stem from a professional disciplinary action. Pharmacies registered with the New York Education Department Office of the State Board of Pharmacy (Board) have a duty to report certain changes in their business operations. We briefly discuss these requirements below. Documenting each patient encounter not only benefits the patient but it is also good preventative medicine for the doctor against claims of professional negligence, failure to meet certain professional standards, and investigations by government agencies. The position taken by most licensing boards and law enforcement agencies is that if an item or service is not documented in a patient’s medical record “it didn’t happen.” Below we discuss the minimum documentation requirements imposed by New Jersey Medicaid on participating providers. Each year the U.S. Department of Health and Human Services Office of the Inspector General (OIG) produces a work plan that outlines the agency’s focus for the upcoming year. With a staff of over 1,700 professionals, the OIG conducts investigations, audits, and, among other projects, enters and monitors corporate integrity agreements. Below we discuss some of the highlights from the OIG 2013 Work Plan. Last year the Occupational Safety and Health Administration (OSHA) adopted a new OSHA Hazard Communication Standard. The new standard is now aligned with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals. All dental and medical providers, pharmacies and other healthcare employers must comply the Hazard Communication Standard as well as other applicable OSHA standards. Most providers know that fees paid by the New York State Medicaid program are considered to be payment in full. This means that as a requirement of participating with Medicaid, and with the exception of co-payments, providers may not bill Medicaid beneficiaries for covered services. Providers may, however, enter into private pay agreement with Medicaid beneficiaries and the article below addresses certain important aspects of that relationship. This past November 19, New Jersey Gov. Chris Christie signed into law a bill that for the first time would require license suspension or revocation of certain health care professionals and medical waste facilities, generators, and transporters for illegal or improper medical waste disposal. The law went into effect immediately. |
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