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Weiss Zarett Brofman Sonnenklar & Levy P.C.
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"Attorney Advertisement" - "Prior Results Do Not Guarantee Similar Outcome"
"Attorney Advertisement" - "Prior Results Do Not Guarantee Similar Outcome"

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Weiss Zarett’s own Michael Brofman will be speaking at the National Business Institute's one-day live CLE seminar on Friday, December 09, 2016 from 9:00AM-4:30PM at the Four Points by Sheraton in Plainview, NY. Mr. Brofman will be speaking from 1:15-2:15PM on the topic of Bankruptcy's Implications on Collection Practices. The Fair Debt Collection Practices Act (FDCPA) and Collection Law seminar is an excellent course for Attorneys, Paralegals, Collections and Loan Officers, Credit Managers, Bankers, Controllers, and Accounts Receivable Personnel to attend. Click the link to find out more!

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Question: I recently started my own practice and I am interested in hiring staff. What do I need to know prior to hiring staff?

Answer: When starting a professional practice, it is especially important to have trustworthy and reliable staff, including clerical staff (i.e. billers, receptionists) and professional staff (i.e. other physicians, physician assistants and nurses). Prior to hiring these individuals, it is important to check all references and ensure that those individuals are a good fit with the practice as these individuals will have access to the practice’s confidential information and will have direct contact with the patients of the practice. Employment agreements should be drafted (or independent contractor agreements if applicable) for professional staff in order to protect the practice. In order to further protect the practice, it is recommended that all practices have a comprehensive employee manual in place that clearly articulates expectations, as well as the practice’s policies including consequences for violating these policies. Furthermore, when hiring staff, physicians need to consider obtaining health insurance, workers compensation insurance, unemployment insurance, disability insurance, and of course malpractice insurance. For additional information please click the link below to read the article entitled “Understanding the Process of Starting a Medical Practice.”

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Q: Should I adopt an Employee Manual? What are the benefits?

A: An Employee Manual: (i) ensures that your employees are aware of their duties and responsibilities; (ii) supplements, or in some cases, acts as employment agreements; (iii) informs your employees of your business policies; and (iv) provides your business with legal protections. For a more detailed discussion on Employee Manuals, please click the link below to read the article entitled “Understanding General Business Employee Manuals.”

http://weisszarett.com/index.aspx?TypeContent=CUSTOMPAGEARTICLE&custom_pages_articlesID=15910
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Q: What do I need to consider before I sign a lease for my business?

A: A lease is imperative to the value of a business. Important items to consider include: parties to the lease, personal guaranty, term of lease and exit strategy, build-out, rent, assignment and subletting provision, landlord responsibilities, insurance, competition in the building and right to enter. For a more detailed discussion on General Business Lease Agreements, please click the link below to read the article entitled “Understanding General Business Lease Agreements.”
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Q: Should I adopt a Physician Employee Manual? What are the benefits?

A: A Physician Employee Manual: (i) ensures that your employees are aware of their duties and responsibilities; (ii) supplements, or in some cases, acts as employment agreements; (iii) informs your employees of your practice policies; and (iv) provides your practice with legal protections. For a more detailed discussion on Physician Employee Manuals, please click the link below to read the article entitled “Understanding Physician Employee Manuals.”


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Q: What do I need to consider before I sign a lease for my medical practice?

A: A lease is imperative to the value of a medical practice. Important items to consider include: parties to the lease, personal guaranty, term of lease and exit strategy, build-out, rent, assignment and subletting provision, landlord responsibilities, insurance, competition in the building and right to enter. For a more detailed discussion on Physician Lease Agreements, please click the link below to read the article entitled “Understanding Physician Lease Agreements.”


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Question: I am an anesthesiologist and I currently render services on behalf of an ambulatory surgery center (ASC). Can the non-anesthesiologist owners of the ASC where I render services share in the revenue generated by me?

Answer: Maybe. In light of the OIG opinion rendered 5/25/12 (OIG Advisory Opinion 12-06), any arrangement between an anesthesiologist and an ASC (or any other provider) must be analyzed in the context of the general prohibitions under New York and Federal law against kickbacks to ensure that such arrangements are compliant and minimize risk. For additional information please follow the link below to read the article entitled “Understanding Financial Arrangements Between Anesthesiologists and Ambulatory Surgical Centers as Per the Recent OIG Opinion.”

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Q. As a physician, can I lease space from another physician?

A. The rental of space in a physician’s office to a renter who, him/herself, provides health-related services can be problematic if not structured appropriately as the relationship can be perceived as a disguised kickback to induce referrals. Therefore, it is imperative that the arrangement comply with applicable law, including the Anti-Kickback statute. Specifically, the following criteria should be met:
• the agreement is set out in writing and signed by the parties
• the agreement covers all of the premises (i.e. the spaces or areas) rented by the parties for the term of the agreement and specifies the premises covered by the agreement
• if the agreement is intended to provide the lessee (i.e. the renter) with access to the premises for periodic intervals of time (i.e. on a part time) rather than on a full-time basis for the term of the rental agreement, the rental agreement specifies exactly the schedule of intervals, their precise length, and the exact rent for such intervals
• the term of the rental agreement is for not less than one year (i.e. the agreement must be for at least one year)
• the aggregate (or total) rental charge is set in advance, is consistent with fair market value in arms-length transactions, and is not determined in such a way that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under Medicare or a state health care program
• the total space rented does not exceed that which is reasonably necessary to accomplish the commercially reasonable business purpose of the rental

For additional information please follow the link below to read the article entitled “Understanding Physician Lease Agreements and the Anti-Kickback Statute.”
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Question: Several of my colleagues have been treating their patients remotely using facetime and other video-chatting applications. Am I allowed to do this?

Answer: While you are technically able to treat patients remotely via telemedicine, there are many legal and regulatory issues to take into consideration. For instance, practitioners need to understand the risks associated with potential malpractice actions, licensure actions, HIPAA violations, and reimbursement issues. Failure to appropriately utilize telemedicine can have a harmful effect on a practitioner. For additional information please follow the link below to read the article entitled “Understanding Telemedicine.”
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