Ask the Attorney: March 2017

Disclaimer

Disclaimer:

The advice offered in this column is intended for informational purposes only. Use of this column not intended to replace or substitute for any professional, financial, medical, legal, or other professional advice. If you have specific concerns or a situation in which you require legal help, you should consult with an appropriately trained and qualified health care attorney or suitable specialist. The opinions or views expressed in this column are not intended to give legal advice. This column, its author, MAMES and its publisher are not responsible for the outcome or results of following any advice in any given situation. You, and only you, are completely responsible for your actions.

Monday, March 13, 2017

Contract

While writing this, downstate NY is bracing for a blizzard. In order to avoid your own storm, please be aware of the types of employment/independent contractor agreements you are signing. One health care provider cannot, as an independent contractor, generally work for a percentage of what (s)he produces! It is a violation of the Federal anti-kickback law. Also, in most, if not all states, on non-MD or DO cannot be a shareholder in a professional corporation or share in the total profits of a medical business owned by an MD or DO. The one exception to this is something called an Article 28 in New York; usually hospitals, nursing homes and surgi-centers. Consult with a knowledgeable health law attorney PRIOR to signing any such contract. See you next week,
Larry

Lawrence F. Kobak, DPM, JD
Partner
516-410-2835
Kern Augustine, P.C.
(: 800.445.0954 || 7: 800.941.8287 || *:LKobak@drlaw.com