Articles Posted in Physician Practices

Our healthcare and business law firm represents healthcare practitioners, including physicians and chiropractors, and their medical and chiropractic practice with compliance matters.  A question we are often asked by our clients is, “Can I offer discounts to patients?”  There are state and federal considerations before offering discounts, and this post discusses some of those considerations.  If you would like to discuss compliance considerations for your medical practice, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Consideration 1: Federal Statutes

The first consideration we’ll discuss falls under the Anti-Kickback Statute (“AKS”) and the Federal Beneficiary Inducements Civil Monetary Penalty Statute (“CMP”).  The AKS generally makes it a felony to give or offer anything of value, including free or otherwise discounted services or the routine waiver of coinsurance/deductibles, to induce (or in return for) the purchase or order of any good or service that is reimbursable by a Federal or state health care program (such as Medicare, Medicaid, TRICARE, CHIP, etc.).  Similarly, the CMP allows for the imposition of fines against Continue reading ›

Our healthcare and business law firm works with many medical practices to ensure compliance with the use of mid-level providers (such as nurse practitioner and physician assistants).  Although certain federal rules are applicable, the scope of practice for mid-level providers is largely provided for in state laws and rules.  It is important to remember that these laws and rules may change from time to time, so practices that use mid-level providers should always monitor relevant laws to stay apprised of any changes.  Earlier this month, changes to certain Georgia laws impacting mid-level  providers went into effect.  If you have questions about these changes or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

House Bill 1046 went into effect on July 1, 2024.  A copy of the bill is available here.  The bill made changes to, among other sections, Georgia Code Section 31-10-14 relating to death certificates, Georgia Code Section 43-34-23 relating to delegation of authority to nurses or physician assistants, and Georgia Code Sections 43-34-25 and 43-34-103 relating to delegation of certain medical acts to advanced practice registered nurses and physician assistants and construction and limitations of such delegation.

As to Section 31-10-14, the bill authorizes nurse practitioners and physician assistants to sign death certificates.  Previously, mid-level providers could only Continue reading ›

Our healthcare and business law firm works with many providers as they undergo investigations, discipline, and/or hearings before the provider’s licensing board.  Over the years, our firm has been able to determine which situations licensing boards find particularly worrisome.  Boundary violations are often one of those situations that boards are particularly concerned with.  This blog post outlines three steps for avoiding boundary violations.  If you need assistance with a licensing board matter or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Boundary violations discussed in this blog post include inappropriate relationships between provider and patient, which could involve romantic relationships or providing care to and writing prescriptions for immediate family members.  Here three steps to avoid boundary violations.

First, know your licensing board’s rules!

These rules will explain boundaries that you, as a provider, must always maintain.  For instance, Continue reading ›

Our healthcare and business law firm works with many providers and medical practices to ensure compliance with state and federal laws, rules, and regulations.  Mid-level providers, such as physician assistants (“PAs”) and nurse practitioners, are widely used, and they help expand the provision of medical care and services. States differ on the amount of oversight that is required for PAs to practice.  This blog post outlines possible requirements that may be present in your state for PAs to practice under physician supervision, using Georgia as an example.  If you need assistance understanding your state’s guidance on mid-level supervision and delegation requirements or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

In Georgia, the rules governing PAs and their supervising physician include the following:

First, the Supervisory Relationship Must be Established:

Under Georgia Rule 360-5-.03, in order to supervise a PA, a supervising physician must submit an application to the Board that must be approved by the Board before delegating tasks. On the flip side, upon termination of the supervisory relationship, the PA and physician must give notice and date of termination. Continue reading ›

Our healthcare and business law firm assists many physicians and other healthcare professionals who are dealing with professionalism concerns.  Concerns can be identified by employers, licensing boards, professionalism societies, or even all three at once.  Over the years, our firm has helped providers deal with various professionalism concerns identified by their employers and/or licensing boards.  This post identifies some of the most common concerns we have seen.  The goal of this post is to provide useful information that healthcare professionals can use to make more informed professionalism decisions.  If you need assistance dealing with a professionalism concern or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Social Media Use

Inappropriate social media use is a big problem for all professionals.  Given, however, the sensitive and confidential information surrounding all aspects of a healthcare professional’s job, all information shared online should be heavily vetted. Continue reading ›