Roetzel HealthLaw HotSpot

Join us on the #HealthLawHotSpot as host Ericka Adler and Michael Brohman, shareholder and member of Roetzel's Employment Litigation Group, discuss ADA compliance for medical and dental practices. In this episode, you'll learn about how to handle investigations and action letters from counsel and government agencies related to ADA compliance, and how to properly respond to “form lawyer letters” that question your practice's ADA compliance.  This podcast will also talk about how to make sure your space meets ADA requirements and address common ADA complaints made against practices. Tune in below to learn how to protect your practice and ensure ADA compliance.  

Join host Ericka Adler on the latest episode of the #HealthLawHotspot as she provides essential insights on how physicians and dentists can navigate the termination of their employment agreements. In this episode, Ericka covers the importance of thoroughly reviewing your contract before making any decisions, steps to take if you believe your employer has breached the contract, understanding the consequences of termination, including noncompete clauses and malpractice insurance, and planning your exit strategy to avoid any financial surprises. Tune in now to stay informed and ensure a smooth transition when leaving your current practice.

Join host Ericka Adler and Roetzel shareholder Christina Kuta on the #HealthLawHotSpot for an in-depth analysis of recent changes in Illinois law pertaining to the licensing of Behavior Analysts (BA) and Assistant Behavioral Analysists (ABA). This episode addresses the new state licensing requirements, the mandate for BA or ABA service providers to establish professional corporations or professional limited liability companies by January 15, 2027, and the implications of this law change for existing practices that employ BAs and ABAs. Ericka and Christina also discuss the legal guidance being offered by the Illinois Department of Financial and Professional Regulation on this new law, conflicting interpretations, and how legislative changes could help to resolve these conflicts. Tune in to gain insights into how these legal developments may impact your practice.

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.

In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with Matthew Godley, a seasoned cost reduction expert and CEO of Spendly. Together, they discuss the challenges faced by independent healthcare practices striving to remain autonomous in an increasingly complex industry. Ericka and Matthew discuss the struggles practices encounter, from soaring administrative expenses to navigating insurance and payroll challenges. Matthew shares insights on how Spendly was created to help practices to develop tailored strategies to lower operational costs, ensuring they can focus on patient care without reduced financial strain.    With real-world examples and case scenarios, this episode equips independent practitioners with actionable strategies to overcome financial hurdles and thrive in their independence. Tune in and discover how to take control of your practice's financial future!

In this episode of #HealthLawHotSpot, host Ericka Adler sits down with her longtime collaborator, Lucy Zielinski, a partner at Lumina Health Partners, to tackle one of the most significant decisions a physician can make: starting an independent practice. With years of experience guiding physicians through the intricacies of practice formation, Lucy shares invaluable insight into the planning and operational steps necessary for success. Discover the importance of starting the planning process 6-12 months in advance, choosing the right location, and forming your business entity. Lucy also highlights the critical aspects of credentialing, billing, and collections, emphasizing the need for effective systems and partnerships with knowledgeable professionals. From recruiting the right staff to understanding the role of HR, this episode covers it all. As they navigate challenges like cybersecurity and compliance, Lucy shares advice on how to safeguard your practice and the importance of regular audits to ensure proper coding and billing practices. Finally, the conversation shifts to the impact of social media on modern practices, highlighting the importance of a solid marketing plan and strategic planning to create a practice brand that will succeed.

In this episode of #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta to discuss the latest developments in the FTC's attempt to ban non-competition provisions.  Ericka and Christina examine new developments since the previous episode, including a Texas court issuing an injunction preventing the FTC rule from going into effect nationally and the current circuit split that may postpone a final decision. They discuss how to treat non-competition provisions moving forward,  emphasizing the necessity of understanding state-specific legislation and mandates. Additionally, they provide guidance for employers who have not yet incorporated a non-competition clause within their employment agreements and review key considerations for non-compete clauses, highlighting essential elements that should be included in these provisions.

This week on the #HealthLawHotSpot, host Ericka Adler welcomes special guest Mark Henderson Leary, a Certified EOS Implementer® at EOS Worldwide. Mark dives deep into the common issues faced by private healthcare practice owners who may need assistance to take their practice to the next level. Mark explains that he works with all types of practices, from those struggling with profitability, to those with a need for better organization, systems, and quality employees. Ericka and Mark discuss a common challenge they see in the industry, where the entire success and operation of the health care business is tied to a main practitioner, who is not only the greatest source of income to the practice, but also serves in every key role within the practice. This can lead to a limitation on practice growth, practitioner burn-out and, eventually,  a desire to sell the practice. Mark discusses the process of helping a practice turn things around for the better, both from a business and personal perspective, and shares his vision for the future of private healthcare.

In this episode of #HealthLawHotSpot, host Ericka Adler is joined by Roetzel attorney Christina Kuta to delve into an urgent issue that could impact employers nationwide—the upcoming FTC restrictive covenant rule. With the enforcement date looming less than 30 days away, and no clear court ruling delaying enforcement, employers must prepare now for the rule to go into effect. Ericka and Christina discuss the critical steps employers must take to prepare for compliance, including the necessity of providing clear notice to all employees affected by restrictive covenants and the importance of consulting legal counsel so that the notices are flexible enough to reflect legal changes. As legal challenges to the rule mount across the country, Christina sheds light on the potential ramifications of these cases and what businesses can anticipate moving forward. Don't wait until the last minute—tune in below to learn how to navigate these changes.

In this week's episode of the #HealthLaw HotSpot, host Ericka Adler is joined by Roetzel attorney Christina Kuta to tackle a pressing issue in the medical field: the controversial practice of self-prescribing and prescribing to family and friends. Are physicians allowed to treat those closest to them? The answer isn't straightforward and varies by state law and licensing regulations, which often discourage these practices. Join us as we delve into the repercussions of self-prescribing, including the ethical dilemmas that arise and the potential consequences. Christina shares insights on the expectations family and friends may have, the importance of maintaining medical records, following medical guidelines, and how violations can lead to investigations that threaten a provider's license and career. With a focus on compliance, education, and alternative solutions, this episode is a crucial listen for healthcare professionals who want to navigate the complexities of treating and prescribing themselves, friends and family.  

Join host Ericka Adler in this episode of #HealthLawHotSpot as she discusses important considerations for physicians who are nearing the end of their relationship with a hospital, private equity firm, or other buyer after selling their practice. Discover the key questions you need to consider as you prepare to part ways, including the importance of reviewing and understanding the deal documents and navigating the complexities of non-compete agreements in both the sale and employment agreements. Gain insights into managing ongoing obligations, the impact on malpractice coverage upon departure, and the nuances of rollover units and associated non-competes. Learn about the intricacies of taking employees with you, potential buyback scenarios, and ensuring you have the right legal, accounting, and financial support to safeguard your interests and financial well-being. Tune in to ensure you're equipped to navigate this crucial phase in your professional career with confidence and clarity.

Join host Ericka Adler and Roetzel attorney David Hochman on this episode of #HealthLawHotSpot as they dive into the topic of buy and sell agreements between shareholders/members and the impact of the recent United States Supreme Court decision in Connelly v. United States.  David sheds light on the case details and the unexpected outcome that ensued. He also explores the importance of appraisals in structuring buy/sell agreements and why establishing a separate partnership or trust to own insurance policies on the lives of shareholders/members can be beneficial.  David also shares insight on evaluating your buy/sell agreements funded with life insurance and ensuring the formulas remain relevant.  Finally, David and Ericka discuss the significance of ongoing communication with financial and legal advisors to keep corporate agreements updated and consistent with business objectives.

Join host Ericka Adler on the #HealthLawHotSpot as she welcomes special guest Rajesh Voddiraju, founder of Stitch PEO. Their discussion focuses on the challenges that healthcare practices face to maintain independence when faced with the burden and expense of handling HR issues, benefits, and similar challenges while trying to run a successful business. Rajesh speaks to his experience in the healthcare industry and how his company was specifically created to help practices stay independent at a time when many are selling to hospitals, private equity and other buyers in order to find much needed relief from administrative and HR tasks.  Rajesh explains how companies like Stitch PEO can offer practices a means to remain independent by managing benefits, compliance, payroll services, workforce management, and similar services based on individual practice needs.    

Join #HealthLawHotSpot host Ericka Adler as she sits down with special guest David Adler from the Adler Law Group to discuss choosing a memorable and protectable name for your healthcare practice. In this episode, they dive into the considerations when selecting a practice name, including the importance of finding a distinctive and memorable name, as well as how to protect your branding through trademark clearance searches and legal assistance. The episode also sheds light on common issues faced by small businesses in receiving cease-and-desist letters and offers valuable insights on navigating trademark-related challenges. Tune in to discover why investing in trademark rights early on can save you time and money in the long run.

Host Ericka Adler welcomes Roetzel attorney Christina Kuta to the #HealthLawHotSpot this week to discuss the most frequently asked questions from clients about non-competes and the impact of the new FTC rule. Christina explains the key provisions of the new FTC rule and how it will change the landscape for non-competes moving forward. She also discusses the uncertainty surrounding the rule's implementation and the likelihood of it going into effect. Ericka and Christina dive into the enforceability of non-competes in different states and the legal challenges surrounding the new rule, as well as advise healthcare professionals to carefully consider non-competes before signing. Finally, they provide guidance for healthcare professionals on how to handle non-competes currently in place and discusses the implications of the new rule for business transactions.

Join host Ericka Adler and Roetzel attorney Christina Kuta as they delve into the world of buying and selling dental practices. They discuss common issues that arise in dental transactions and provide valuable insights for anyone considering a dental sale or purchase. In this episode, you'll learn about: The importance of due diligence The role of a knowledgeable financial advising team How to protect your interests starting with letters of intent What terms are important in dental transaction documents The ins and outs of post-sale independent contractor agreements Ericka and Christina also provide real-world examples to illustrate these issues and provide practical guidance for dentists navigating dental transactions. 

In this episode of the #HealthLawHotSpot, host Ericka Adler and fellow Roetzel attorney Christina Kuta discuss limitations on non-physician practitioners in terms of the services they can provide and the role of physicians in supervising these practitioners. From doctors' offices to med spas, the rules and regulations governing these practitioners vary widely depending on their licenses and related scope of practice. Ericka and Christina delve into the potential pitfalls and repercussions when practitioners exceed their scope of practice. They emphasize the importance of understanding state-specific laws regarding scope of practice, physician supervision of non-physician providers and the consequences of failing to provide adequate supervision.   

Join host Ericka Adler on this episode of #HealthLawHotSpot as she shares key advice with residents and fellows who are reviewing a contract for the first time.  Ericka highlights six major strategies for practitioners to consider, from researching the employer, fighting for key points and understanding the exit strategy.  Although Ericka shares pointers for new physicians, she makes it clear that the same advice applies to all healthcare providers seeking guidance and to ensure the best possible outcome in their contract negotiations.

Healthcare billing is a complex and ever-changing field. In this episode of the #HealthLawHotSpot, host Ericka Adler talks with Brian Nelson and Deena Wojtkowski from Ebix, Inc. about what healthcare providers should look for when hiring a billing service. They discuss the most important factors to consider, the latest trends in healthcare billing, and what billing services can offer to help healthcare providers avoid audits and keep up with industry trends. Brian and Deena also share real-world situations that Ebix is seeing in the healthcare industry, including how they handle compliance and cybersecurity issues and navigate technology.

Join host Ericka Adler as she welcomes new Roetzel partner Jonna Eimer on the #HealthLawHotSpot, to discuss the ins and outs of Management Service Organizations (MSOs). Learn what MSOs are, the types of professions that utilize them, and why they are essential for non-licensed professionals seeking entry into the healthcare industry. Ericka and Jonna delve into the topic of the corporate practice of medicine and how MSOs help non-healthcare entities navigate the legal hurdles. They explain the distinct roles of licensed providers in clinical matters and management entities in non-clinical aspects, such as HR, billing, and compliance. Discover how professional entities operate and pay management fees, and the strict regulations surrounding these fees. They also highlight the unique benefits of MSOs and emphasize the importance of adhering to state and federal laws when employing this model. Tune in as Ericka and Jonna share real-world examples showcasing the different considerations and documentation required for various types of practices seeking to establish MSOs, providing valuable insights into the complexities and potential risks involved.

In this episode of the #HealthLawHotSpot, host Ericka Adler sits down with Joe Lessard, CPA and Principal of Professional Business Management, to discuss the pros and cons of purchasing vs. starting your own healthcare practice. Ericka and Joe delve into the key considerations practitioners should make when choosing which direction to go, including the importance of assembling a team of experts, conducting due diligence, and setting realistic expectations. They also explore the advantages and disadvantages of purchasing an existing practice, such as gaining the established patient base and income stream and the potential drawbacks, such as a less ideal location, older office equipment, and existing staff challenges. Additionally, the podcast covers the benefits of starting a new practice, including the ability to choose location, equipment, and layout of the office and identify challenges, which include acquiring capital and the need to attract patients to build and support the practice financially.   This is a must-listen for any health care practitioner considering purchasing or starting their own practice as Ericka and Joe provide valuable insights and advice on making an informed decision about the best path to choose for you , tune in below!

In this week's episode of the #HealthLawHotSpot, host Ericka Adler sits down with Elissa Taub from Siskind Susser for a timely discussion on the green card backlog that physicians are experiencing.  Ericka and Elissa delve into the factors contributing to the issue, including the annual limits on green cards, the multiple categories (family and employee-based), and the long-term backlogs which have significantly increased since December 2022, impacting physicians from all countries. She explains that the underlying cause is the shortage of green cards compared to the high demand. Elissa also emphasizes the importance of starting the green card process as early as possible as it can now take up to three years to obtain, and how employers can play an important role in this process. Tune in for valuable insights into the challenges faced by physicians in obtaining green cards and what to expect in terms of immigration reform and employment-based immigration moving forward.

In this episode of the #HealthLawHotspot, fellow Roetzel Healthcare Attorney Christina Kuta joins host Ericka Adler, to continue her discussion on the Good Faith Estimate portion of the No Surprises Act. Christina delves into the requirements for providers, including the types of information that must be included in the estimate, such as diagnosis codes, service codes, expected charges, and patient information. She also discusses the different types of providers and their responsibilities under the law, as well as how to ensure compliance with the Good Faith Estimate requirement. Additionally, Christina highlights the investigations conducted by CMS surrounding this law and the potential consequences for non-compliance, including financial penalties and reprimands. Tune in below to stay informed about the Good Faith Estimate requirement and how to protect your practice from potential legal issues.

In this episode of the #HealthLawHotSpot, host Ericka Adler welcomes Dennis Thornton from Carr Healthcare Realty.  Dennis joins us to discuss the ins and outs of real estate transactions for healthcare providers. From lease renewals to new practice start-ups, expansions, relocations, additional offices, and acquisitions, Dennis shares his insights on how to navigate the complex world of healthcare real estate. Ericka and Dennis also delve into the importance of timing, options, and common mistakes to avoid, while emphasizing the critical role of an attorney and real estate broker in ensuring a successful transaction.  So whether you're a healthcare provider looking to expand your practice, renew a lease or start a practice, this episode is a must-listen. Tune in now!

Joining host Ericka Adler on the first #HealthlawHotSpot of 2024 is fellow Roetzel healthcare attorney Christina Kuta.  Ericka and Christina will break down statute 1557 that prohibits discrimination from healthcare providers that receive federal assistance. Christina then discusses the updates and changes that were made in 2020 and 2022, what providers need to be mindful of and what to look out for in the future.

Joining host Ericka Adler on the #HealthLawHotSpot this week is fellow Roetzel shareholder and leader of the tax practice group, attorney Donna Hartl.  Donna provides insight on how and why the Employee Retention  Tax Credit (ERTC) was originally set up, and how some practices may have received poor advice in applying for the credit.  They also discuss how practices can assure the credit was properly evaluated and how to handle credits they may have wrongfully obtained.  Finally, Donna explains the current status of the ERTC and how practices can still seek out a proper tax credit.

This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Karen Adinolfi for an important discussion on navigating the rise in political discussion, antisemitism, islamophobia and other challenges in the healthcare workplace. Across the country, practices have faced workplace misbehavior including in-person conduct, social media postings, and other actions that have impacted healthcare employers and their reputations. Ericka and Karen will explore how healthcare employers can effectively identify when employees may have violated employment policies, created a hostile work environment or otherwise engaged in intolerable unacceptable activities. Ericka and Karen also focus on the use of acceptable employment policies and practices to address discipline and termination of employees, as well as the ultimate goal of protecting the healthcare practice.

On the #HealthLawHotSpot this week, host Ericka Adler is joined by special guest Amy Anderson from Brinson Anderson to discuss important considerations for surgery-based and aesthetic practices when hiring staff.  Amy provides guidance on key items to be mindful of during the hiring process and how to make sure that any newly hired staff will match the practice culture.  Key issues covered include assuring potential employees bring the right skill set, licensure and overall work experience to the particular practice.  Amy and Ericka also discuss fine tuning the interview process and the importance of properly onboarding  new employees with current staff.

On this episode #HealthLawHotSpot, host Ericka Adler is joined by special guest Paul Hales, Partner at the Hales Law Group, for a discussion on how changes in web-based technology, including tracking, may be causing health care practices to unknowingly violate HIPAA.  Mr. Hales provides insight on what information is protected by HIPAA and how patient privacy is threatened by the latest technology used on popular practice websites and online. Finally, Ericka and Mr. Hales discuss the need for practices to engage in website and social media audits and other best practices to assure HIPAA compliance.

This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta for an in-depth discussion on key issues that physicians need to understand within the broad topic of balance billing.  Ericka and Christina discuss billing restrictions under the ”No Surprises Act,” steps providers need to take to notify patients of their rights related to balance billing, issues that may come up when working in multiple states, and the repercussions of not complying with balance billing restrictions.

This week on the #HealthLawHotSpot, host Ericka Adler is joined by special guest Jerry Diza, Partner at Pacific Reliance Medical M&A Advisors to share advice on how to successfully sell a med spa. Ericka and Jerry focus on trends in the sale of med spas and the steps to take to prepare a med spa for sale, including revenue thresholds needed to sell and steps to increase growth and performance.  Ericka and Jerry also cover the diligence that sellers should expect when it comes to med spas, such as a regulatory review of an MSO structure and provider licensure.  Finally, the podcast covers  the type of team members required for a successful med spa transaction.

 On the #HealthLawHotSpot this week, host Ericka Adler is joined by fellow Roetzel attorney Christina Kuta to answer some commonly asked questions regarding opting out of Medicare.  Ericka and Christina discuss the situations when providers would want (or need) to opt out, the process of opting out, and the requirements to bill Medicare patients directly.   They also provide real-world examples of things that can and do happen when providers opt of Medicare.

On the #HealthLawHotSpot this week, host Ericka Adler is joined by special guest Janie Tremlett from CWH Advisors, for an exploration of whether physicians should add value-based contracting to their practices.  Ericka and Janie focus on the different type of contracting available to physicians and what type of practices benefit the most from value-based contracting, in terms of size, specialty, payor make-up and patient population.   Ericka and Janie also discuss how practices can start the journey of investigating value-based care, the team needed to help explore contracting options and some of the pros and cons to consider before you get started.

This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Heather Renée Adams for a follow-up discussion on how healthcare practices should best respond to claims from the Equal Employment Opportunity Commission (EEOC) and similar administrative agencies. Ericka and Heather discuss the dos and don'ts of communicating with the EEOC including, responding in a timely, courteous manner, properly documenting the misconduct, the importance of using legal counsel to respond to claims, and what can happen if you don't.  Heather also provides insight on the three general results employers can receive from the EEOC, next steps after receiving your result and how settlement can be the best decision for your healthcare practice.

On this episode of the #HealthlawHotSpot, host Ericka Adler is joined by special guest Ezra Simons, Managing Partner at Physician Growth Partners, for an in-depth discussion on what private equity firms look for when acquiring physician practices. Ericka and Ezra discuss different types of private equity transactions and the importance of a good transactional team to best position a physician practice when going to market.  Finally, Ezra and Ericka  offer insight into the process of negotiation with a buyer and key terms to fight for in a letter of intent.

This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel healthcare attorney Christina Kuta, for a unique discussion on physician relationships within partnerships and practices. Ericka and Christina talk through what can happen when partnerships encounter disputes, how to work through difficult partnerships and how to plan for disagreements before they arise. They also provide insight on what to do if issues cannot be resolved and the importance of thinking through a partnership before entering into an agreement.

Are non-competes still enforceable for physicians, dentists and other health care providers? #HealthLawHotSpot Host, Ericka Adler is joined by fellow Roetzel shareholder Adam Hirsch, to discuss recent activity related to non-competes, particularly as it relates to the National Labor Relations Board (NLRB) guidance. Ericka and Adam break down the new NLRB memo concerning non-competes and the wide misconception that non-competes are no longer enforceable.  They also talk about what health care practices should be thinking about when it comes to contract provisions and whether we can expect non-competes to be enforceable in the future!

On this episode of the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Hillard Sterling, for an-depth discussion on cybersecurity issues that healthcare providers are facing.  Ericka and Hillard examine the reasons  health care providers are more vulnerable to hackers and how common sense and technology are the best protection for your practice.  They also discuss the types of cybersecurity cases on the rise, the main reasons for data breaches, understanding your legal duties when a breach occurs, plus the importance of employee training.  Finally, Ericka  and Hillard explore defense tracks that practices can use when faced with a cybersecurity claim, the importance of an incident response plan and how to avoid running into cybersecurity issues in the future.

Host Ericka Adler is joined this week on the #HealthLawHotSpot by fellow Roetzel healthcare attorney Christina Kuta, and special guest criminal lawyer Catharine O'Daniel, from the Law Offices of Catharine O'Daniel, to discuss best practices when faced with a criminal or civil subpoena, CID or investigation.  Catharine identifies the types of situations where healthcare providers may need a criminal attorney,  how quickly a civil matter can turn into a criminal matter and strategies to keep cases limited to civil action.   Ericka, Christina and Catharine also explore what providers should do if federal investigators show up at their door,  qualities health providers need to look for when selecting a criminal attorney and best practices to minimize legal violations

This week, on the #HealthLaw HotSpot, host Ericka Adler focuses on how physicians can safely exit their employment agreements. She discusses the timing of when and how notice is given, and some key issues to keep in mind related to timing.  Ericka also addresses the terms of the contract that are impacted by termination such as malpractice insurance, non-compete provisions, compensation terms and repayment of deficits and bonus obligations.

Host Ericka Adler is joined by special guest Ike Devji from Arizona Wealth Law and Pro Asset Projection, to discuss the importance of asset protection for physicians and their practices.  Ericka and Ike explore what asset protection means and why it is needed for both health care providers and their businesses in order to protect both from potential liability.  Their discussion covers the type of insurance policies needed, from a personal and business perspective, and how a health care provider's and practice's needs can change over time as new types of challenges arise.    Finally, Ericka and Ike explore steps that need to be taken to prepare for worst case scenarios and some of the specific risks that are present over the summer months specifically for everyone as parents, professionals and business owners.

This week on the #HealthLawHotSpot, host Ericka Adler is joined by special guest Debi Carr from DK Carr and Associates, for an in-depth discussion on how healthcare providers can obtain and maintain security in their practices, along with what technology challenges and issues practices face. Debi and Ericka talk through what providers need in a security plan, trends and types of data breaches to watch out for, and ensuring your practice is in compliance with HIPPA.  Ericka and Debi also talk about the exciting new world of AI and how technology such as Chat GPT might impact practices in the future.