New York Lawyers For Nursing Facilities
Joseph Potashnik and Associates is a law firm dedicated to offering its services to healthcare providers. The law firm consists of partners who have offered their services for over twenty-five years. Potashnikk and Associates is one of the highly rated law firms in the US serving health care workers from all the fifty states. The lawyers undergo continuous professional development to help them better their skills and refresh their knowledge on pertinent legal issues. Potashnik and Associates law firm gives their clients the confidence and audacity to face any new legal challenge. They issue their services to all types of health providers including Pharmacists, hospitals, ambulatory surgery centers, nursing facilities, clinical diagnostics, and clinical laboratories, physicians, physician groups, physical therapists, and DMEPOS suppliers.
Buying and Selling Healthcare Practices
The transfer of healthcare practice is a very intricate process. Physicians interested in carrying out the transaction are advised to seek guidance from an experienced healthcare attorney to take them throughout the whole process.
Patient notification is a critical factor physician needs to take into consideration during the transaction process. These factors include the physician’s responsibility to offer good healthcare services without terminating, provision of notice to patients and proper transfer of the patient’s medical records. Physicians who fail to observe these could be accused of professional misconduct and malpractice.
The patients need to be provided with sufficient time to transfer their medical records and find another physician. Those on active treatment should be given continuous quality healthcare services without termination. Patients in a stable condition only require a letter sent in advance.
The most critical factor is the tutelage of the medical records. Copies of the medical records are given to the purchasing physician, the patient or any other appropriate office by the patient’s consent. The custody of the original copies could also be assumed by the buyer. All these processes must be done by the Health Insurance Portability and Accountability Act (HIPAA).
Employment contracts need to be examined to ensure that the employees observe accountability. It may include notifications towards ending of the employees benefits.
This aspect applies to health providers who wish to terminate their practice. They are advised to hand over the unutilized drug sample to the Drug Enforcement Administration (DEA) registration. Unutilized drug samples should also be appropriately disposed. New Yolk city provides its physicians with institutions where they could return the unused drug samples. These institutions include the manufacturer or the distributor. The physician can opt to return the unused drug sample to its manufacturer. The physician can also opt to hand over the drug to the New York State Department of Health or the Drug Enforcement Administration. They are also allowed to destroy the drug using ways allowed by the laws. The various options provided have their protocol that must be adhered to by physicians.
Contracts that the physician might have made while in office need to be examined carefully with the assistance of an attorney. Decisions to either terminate them or assigning them to the buyer need to be determined. The parties most likely involved in signing these contracts include equipment suppliers, management companies, and insurance companies.
The statute prohibits healthcare providers from accepting any indemnification for carrying out a health care transaction. Physicians are urged to seek advice from the attorney in the course of a health transaction to avoid scenarios where they are caught unknowingly violating the statute. Cash-upon-purchase should be the preference payment method to avoid violation of the anti-kickback statute.
Transactions that need to be done with a lot of caution include one where payment is due to after sale is complete. Legal counsel should be sort for to avoid defying the anti- kickback statute.
Healthcare Practice Formation Lawyers
Steps to be considered in setting up a healthcare practice include:
Choice of Entity
Options available in New York for health practices are the general partnership, professional limited Liability Partnership, and professional limited liability company. These entities are entitled to the ownership of New Yolk licensed physicians only.
Personal liability requires physicians to take charge of any neglectful act that occurs at the business premix. A corporate or limited liability entity shields the physician from taking responsibility for wrongful acts committed by a different provider in the business unit.
It refers to the terms and conditions that will govern how the business will be run. The agreements address various aspects such as profits and losses allocation, management of the healthcare practice, transfer of interests in the business entity and circumstances, which the physician will be required to terminate the practice.
The channel of putting up the business entity is also accompanied by the signing of contracts with employees, other physicians, and contracts pertaining renting of space for the business entity. Both parties should observe that none of the provisions agreed upon are violated.
Healthcare Audit Defense
Medicaid Audit Lawyers
The lawyers are highly equipped with the knowledge and experience needed to tackle various allegations made by the audit source.
The primary goal of establishing the Medicaid Integrity Program (MIP) was to detect fraud or error in auditing. It was implemented through Multiple Integrity Contractors (MICs). MICs are involved in educating health providers on proper submission of Medicaid compliance. It is divided into three according to the tasks carried out. These include review MICs, education MICs, and Audit MICs.
Private Payer Audits
It applies to providers covered by commercial insurers. A notice is sent to the provider requesting for medical records. In the course of auditing, inspection of facilities, staff interviews, and medical examinations take place.
Healthcare Audit and Investigation
The occurrence of an overpayment for services is determined through auditing done by private insurers or Medicaid contractors. It can be done as a measure to cut down overspending by the health provider. An overpayment audit involves reviewing of claims submitted by the provider.
Alarming factors that could trigger an overpayment audit include service high volume; this makes the insurer think that services are over-utilized by the provider. The use of CPT code repeatedly on different patients could also be a trigger factor since insurers expect codes for different patients to vary.
Suspicion of illegal activities the state law enforcement agencies could lead to an investigation. The trigger factors for an investigation include; audit results indicating fraud, a tip-off from a patient or a colleague or billing patterns that are suspicious. An investigation could result in criminal prosecution, civil litigation, and professional sanctions.
Healthcare Compliance Programs Lawyers
Implementation of this program enables providers to escape fraud accusations. It also enables them to challenge any accusation made against them successfully. The program helps reduce unintentional errors, and other mistakes that can end up triggering an investigation.
These compliance programs are important for all healthcare providers. It is a necessity to have them for providers that wish to participate in Medicare, Medicaid, and SCHIP. Laws are changing to make it mandatory for healthcare providers to have the compliance program at their disposal.
Services offered by the license defense include; dental license defense, nursing license defense, pharmacist license defense and medical licensing, and OPMC representation.
Types of Providers
Nursing Homes and Hospitals Representation Lawyers
This entity provides a lot of services, and it also serves a large number of clients. It makes them the primary targets for Medicare and Medicaid investigations and audits. The law firm provides highly knowledgeable and experienced health attorneys to represent the Nursing homes during the investigations, auditing or the prosecution process.
Government Investigations and Criminal Defense Lawyers
Health providers could easily be involved in the violation of government laws. It may involve issues such as fraud, illegal hiring practices among others. The attorneys use their vast knowledge and experience in dealing with investigators and prosecutors to help protect the rights of health providers.