At the VC Law Group, we often represent physicians and physician-based practices in their employment matters. This includes drafting, reviewing, and negotiating physician employment agreements. One of the most frequently asked questions we hear is whether physician non-compete clauses in those agreements are enforceable. At the outset it is important to note that every state has its own rules regarding... Read More

From time to time, it becomes necessary for a physician to terminate his or her relationship with a patient. In order to avoid patient claims of abandonment, a physician should take steps in order to properly sever the physician/patient relationship. Generally, termination of the relationship includes a reasonable... Read More

As we at the VC Law Group regularly represent healthcare providers in connection with many health law issues, one of the most frequent medical privacy inquiries we receive is whether an individual has a cause of action under the Health Insurance Portability and Accountability Act (“HIPAA”). While HIPAA encompasses a wide area of compliance issues, it is predominantly known for protecting the privacy... Read More

Individual and small physician practices are becoming less and less common as large healthcare organizations are buying them out and as younger physicians tend to gravitate towards such organizations. This trend has led many self-employed physicians and small groups to debate whether now is an optimal time and environment... Read More

Stark Law is the federal statute that governs physician self-referral for Medicare patients. Generally, Stark prohibits a physician from making referrals for certain designated health services (DHS) to an entity with which he or she, or an immediate family member, has a financial interest, with certain exceptions. In one... Read More

In a recent article, we gave an overview of the basic rule of Medicare – it covers items and services that are reasonable and necessary to diagnose or treat an injury or illness. Because there is a great deal of trust between the Centers for Medicare and Medicaid Services (the “CMS”) and health care providers, the False... Read More

An income tax exemption is available to certain entities that the state and/or federal governments want to promote economically. Federal income tax exemption is governed by 28 U.S.C. §501(c)(3), which provides, in pertinent part, that corporations organized and operated exclusively for charitable purposes are exempt from... Read More

Enacted in 1965, Medicare primarily covers individuals aged 65 and over. It is regulated by the Centers for Medicare and Medicaid Services (the “CMS”). While most people are somewhat familiar with Medicare, many do not understand that the services covered by Medicare are governed by a single standard. The general... Read More

The Health Insurance Portability and Accountability Act (“HIPAA”) is one of the most widely known healthcare laws. It is quite broad and covers numerous aspects of healthcare. However, this article will just briefly deal with its impacts on patient privacy. HIPAA was originally enacted in order to protect the privacy of patients’ personal health information, and create a national standard... Read More

One of our firm’s primary practice areas is in healthcare law. In connection with our practice, we oftentimes get questions dealing with the Stark Law, one of most important statutes that physicians need to know. The Stark Law is the statute that governs physician self-referral for Medicare patients. Physician self-referral is the practice of physicians referring patients to healthcare facilities... Read More