This is an analysis of federal anti-kickback statutes and what a landlord/owner or tenant can do to protect themselves from tenant or subtenant violations.
42 USCA 1320a-7b(b) federal law states that no medical provider shall make a referral in exchange for remuneration of any kind, whether directly or indirectly (including non-monetary compensation). In general, most healthcare providers know:
[Time to Read: 2.5 mins] As we’ve just ended the year, it is always important to remember to do proper annual minutes for your various business organizations.
Many corporations, limited liability companies, partnerships, and other business entities get tied up in other year-end business and ignore what is often perceived as minutia in the recording of annual minutes and year- end operational meetings. Others just forget to do them. Small businesses are particularly susceptible to ignoring this very important corporate obligation and tool.
Physician incentive bonuses are often a way a physician employer can provide a physician employee with a means of enhanced salary based upon the physician employee’s productivity. For a physician employer, if a part of their physician employee’s salary is based on a bonus, the physician employee is more likely to be productive as greater productivity leads to additional compensation. Such arrangements must be carefully scrutinized and structured so they comply with any professional misconduct guidelines, as well as any other regulations that govern compensation arrangements between physicians and healthcare providers.
In the face of the Affordable Care Act (ACA), and in recent years, the overly aggressive nature of HMOs, insurance companies, and other third-party providers, the concept of dropping insurances has been revisited and is gaining increased popularity with physicians and physician groups. However, there are numerous issues that need to be analyzed and addressed if a physician is going to drop insurance carriers and opt for private pay directly with patients.
The most obvious benefit is that the insurance carrier no longer has their hand in the physician’s pocket and/or increased scrutiny over the physician’s practice. Also, the physician would avoid any unnecessary audits or attempts by the insurance company to call back money. However, there is a very real balance between not only the patient paying out of pocket for services, but the patient becoming more cautious about making appointments. Even routine appointments might seem more of a hassle to a patient if their carrier is not paying for it.
Retirement plans for physicians and other healthcare professionals often carry unusual issues that do not affect regular businesses. This is because medical practices, Article 28s or other healthcare-related businesses have special licensure requirements attached in order for an individual to operate that type of business. These types of healthcare delivery-related businesses carry a number of additional concerns because there are often either approvals required by an oversight body for the new owners (Department of Health) or the healthcare business must be transferred to a very specific licensed professional which does not always permit inter-family transfers to guide a provider’s decision.