Roetzel HealthLaw HotSpot

On the latest episode of the #HealthLawHotspot,  host Ericka Adler is joined by David Adler, President and Founder of the Adler Law Group, to discuss various legal tips and strategies for choosing a name and brand that will help your practice stand out.  David emphasizes the importance of creating a strong brand that resonates across different types of communication and explains the process of choosing a strong and distinctive brand, highlighting the differences between generic, descriptive, arbitrary, and fanciful names.   David and Ericka also cover the steps involved before you select a brand name, including checking state and federal trademark databases, and the need to regularly search and confirm your unique use of the name.   Finally, Ericka and David discuss legal implications of using a name that is too similar or the same as another practice's name, and how to respond if your practice is accused of using a name belonging to someone else or if you believe someone else is using your protected brand.

Disputes among partners or shareholders can significantly impact a healthcare practice. On this week's #HealthLawHotSpot, host Ericka Adler and Roetzel attorney Hillard Sterling discuss the law and practical steps for addressing these disputes and ideally preventing them from escalating into lawsuits. These practical steps highlight the importance of engaging in early legal intervention and preparing clear and strong corporate documents in the first instance. Hillard explains what leads to litigation and outlines three general resolution paths: negotiated settlement, judicial disassociation, or LLC dissolution. Learn why a robust operating agreement is crucial and how early legal advice can save substantial time and money.

On this episode of #HealthLawHotSpot, Ericka Adler and fellow Roetzel attorney Christina Kuta discuss the potential pitfalls and best practices in dispensing GLP-1 medications. Christina shares her insights on the surge in demand, the concerning shortcuts being taken due to shortages, and the critical questions surrounding who is prescribing and dispensing these medications. They explore the state and federal regulations governing distribution, including the nuances of online services, interstate pharmacy relationships, and the crucial requirement of proper licensing for those dispensing to patients. Ericka and Christina also address the rise of compounded GLP-1 drugs, the potential risks associated with non-FDA approved alternatives, and the importance of verifying the integrity and quality of medications. Finally, the podcast covers the need for thorough staff training and maintaining accurate patient records as it relates to all medications being dispensed.   If you're a provider considering offering GLP-1 drugs or even if you are a patient concerned about the source of your medications, this episode is a must-listen.

In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with HR expert Debbie Rabishaw, founder of Next Step Advisory, to explore the critical role of human resources in healthcare practices. Debbie shares her insights on why having robust HR support is essential for small and mid-sized healthcare businesses. Listeners will learn about the significance of HR compliance in daily operations, including payroll management and employee classification, and why many professionals may underestimate the complexities of HR. Debbie and Ericka highlight the fine line between needing HR support and legal assistance, emphasizing the importance of having a comprehensive employee handbook and policies in place to mitigate risks. The conversation delves into the unique challenges faced by healthcare practices, such as maintaining employee certifications, mandatory HIPAA training, and conducting appropriate background checks. Ericka explains how addressing these issues upfront can prevent legal complications and save costs in the long run. With a focus on talent acquisition and creating a positive workplace culture, Debbie provides practical advice on crafting effective job descriptions, setting realistic expectations, and fostering open communication. She also addresses common workplace issues like harassment and mistreatment, offering strategies for confronting bad behavior and ensuring policies apply to everyone, including practice owners and managers. As we navigate the complexities of small healthcare practices, Debbie's strategic growth insights will help listeners understand the importance of aligning HR strategies with business goals for sustainable growth. Finally, we touch on how effective HR management can impact succession planning and the future sale of a practice.

Welcome to the first episode of the #HealthLawHotSpot in 2025! Join host Ericka Adler as she welcomes back Roetzel Healthcare attorney Christina Kuta for a discussion on the newly updated guidelines from the Illinois Department of Financial and Professional Regulation (IDFPR) regarding the operation and ownership of medical spas. As med spas continue to rise in popularity, the question of who can own and operate one has become increasingly relevant. Christina dives deep into the latest guidance, clarifying the roles of both physicians and nurse practitioners in ownership and operations. Ericka and Christina discuss the provisions of services by licensed and unlicensed persons, collaboration with physicians, the importance of management service organizations, and the crucial requirement for owners to be actively involved in the practice. Highlights include common pitfalls many med spas encounter when entering med spa arrangements, including the potential liabilities for med spa owners. The episode also tackles the unique challenges providers face when treating friends and family, especially in the realm of popular cosmetic services like Botox. Learn why it's essential to treat these individuals just like any other patient and understand the repercussions of not adhering to proper protocols. Finally, Christina discusses the critical infection control measures that must be implemented in both traditional and mobile or home-based services. The conversation concludes by urging listeners to take proactive steps to ensure compliance with the new guidelines, reminding everyone that Illinois-based med spas may now subject to heightened enforcement from the IDFPR, and med spas outside Illinois should make sure they follow the requirements for their states.

In this episode of #HealthLawHotSpot, host Ericka Adler continues her discussion on the due diligence process associated with healthcare practice sales.  Joined by fellow Roetzel attorney Christina Kuta, they continue their conversation by encouraging listeners to have their compensation arrangements reviewed for regulatory compliance. Christina sheds light on the implications of non-compliant compensation arrangements, highlighting the potential repercussions that could affect a practice's sale. Ericka and Christina further discuss the importance of HIPAA compliance during the buy/sell process. Christina shares real-life scenarios and offers essential recommendations for practices striving to meet HIPAA standards. Listeners will learn about the necessity of a comprehensive HIPAA policies and procedures manual, the importance of annual employee training, and the establishment of efficient reporting mechanisms for HIPAA violations. They share examples of how improper marketing practices, misclassification of independent contractors and failing to consider requirements from multistate practice can impact practice sales.

In this episode of #HealthLawHotSpot, host Ericka Adler sits down with fellow healthcare attorney Christina Kuta to delve into the steps healthcare practices should take to prepare for the due diligence process associated with a practice sale. They explore the lack of preparation seen in many transactions and highlight why it’s essential for practices to review operational and compliance issues before hitting the market. Ericka and Christina further discuss the impact of compliance reviews on the value of a practice during the sale process and how addressing compliance issues prior to a sale can significantly reduce legal fees. They also discuss common billing issues that arise during due diligence, such as improper documentation and credentialing challenges, and stress the importance of hiring an outside independent auditor for a thorough billing audit. Further examined is the need to review practice compliance plans, detailing what should be included and why potential buyers will scrutinize these documents. Finally, Ericka and Christina take a closer look at the unique marketing challenges healthcare practices face and the critical importance of educating staff about compliance policies.

Join host Ericka Adler on this week’s episode of the #HealthLawHotSpot as she welcomes healthcare attorney Laura Lauth Andrews from Lauth O’Neill, LLC.  In this thought-provoking discussion, Ericka and Laura dive into the often-overlooked topic of physician recruitment agreements. Laura sheds light on what a recruitment agreement is and the requirements under the Stark Law that impact the agreement structure and whether a recruitment agreement may be legally offered. Together, they explore the various elements of recruitment agreements between hospitals, physicians and practices, and the type of support provided, such as compensation, bonuses, relocation expenses, and start-up funds.   They also talk about the burden on physicians to remain in the community for the forgiveness period or to bear the burden of repayment, and how groups often shift this liability entirely to the physician while benefiting from the finances of the arrangement. Listen in as Ericka and Laura share real-world examples of issues that arise in recruitment agreement situations and how physicians can limit their risk by asking the right questions and working with effective healthcare counsel. This episode serves as a critical resource for any physician considering a recruitment agreement.

On the #HealthLawHotSpot this week, host Ericka Adler sits down with Roetzel attorney Donna Hartl to explore some crucial year-end tax considerations as well as trending tax issues. Donna and Ericka discuss the importance of accurately categorizing your expenses, the potential for prepaying smaller costs like insurance and property taxes, and the critical path to qualifying for the employee retention credit (ERC) before the April 2025 deadline. With impending elections influencing tax policies, Donna emphasizes the need to stay vigilant about record-keeping, especially with the IRS ramping up audits for professionals. Donna also highlights the importance of having the “five Ws” in place for audit preparedness (Who, What, Where, When and Why) when it comes to receipts for entertainment and marketing, and ensuring you’re ready for the IRS’s scrutiny of home offices, travel expenses, and 1099 requirements. This episode is packed with practical tips and expert advice that can save you time, money, and stress as the year draws to a close. Don’t miss out on this opportunity to equip yourself with the knowledge you need for a successful tax season!

In this episode of the #HealthLawHotspot, host Ericka Adler welcomes Laura Goodman, Partner at FGMK, to explore the intricacies of setting up Management Services Organizations (MSOs) and Dental Service Organizations (DSOs). Tune in as they delve into the essential collaboration between your legal and financial teams to ensure a solid foundation for your arrangements. Laura shares valuable insights on the first financial steps to take when setting up MSOs and DSOs, the best structures on both the clinical and management sides to avoid over-complication, and the critical distinction between expenses that should be allocated to the clinical entity versus the MSO/DSO. They discuss how to determine a fair market value management fee to comply with state and federal laws and tax pitfalls/IRS challenges that practices may encounter if they do not follow the financial structure outlined in the MSO/DSO agreement.  Finally, Ericka and Laura talk about limiting expenses and regulatory issues when structuring MSO/DSO arrangements, and how the proper advice can save a client from an unfortunate outcome. Tune in for a compelling conversation that will equip you with the knowledge to navigate the complexities of healthcare management services.