Informative Reading at your Finger Tips
Know Your Rights Before You Respond
Your license to practice is your most valuable possession yet many
doctors expose their licenses to unnecessary risks by the way in which they
respond to State Boa≠rd investigations and disciplinary complaints. Read More.
Several California laws require health care providers to disclose any financial interest they may have in an entity or facility to which they refer patients. The disclosure obligation may include disclosure to the Medical Board of California, disclosure to the patients who are being referred for services, and in certain instances, disclosure to insurance companies and attorneys… Read More.
Hardships – prompt payments – cash discounts – prepayment plans – are they legal?
Every doctor in private practice is faced with the decision of how much to charge for services rendered. At one time this was a simple issue. The doctor decided on a fee and charged that fee to virtually all patients. But today that’s no longer true. Read More.
THE BOARD OF CHIROPRACTIC EXAMINERS has requested an opinion on the following question:
Does Business and Professions Code section 650 prohibit chiropractors from participating in an Internet marketing plan in which they agree to promote the naturopathic products of an Internet company and to refer their patients to the company’s website in exchange for fees equaling 20 percent of the price of the products purchased by their patients from the company? Read More.
Rules of professional conduct; denial, suspension or revocation of license; reissuance
The board may by rule or regulation adopt, amend or repeal rules of professional conduct appropriate to the establishment and maintenance ofa high standard of professional service and the protection of the public. Such rules or regulations shall be adopted, amended, or repealed in accordance with the provisions of Chapter 4.5 (commencing with Section 11371) of Part I of Division 3 of Title 2 of the Government Code as it now reads or as it may be hereafter amended by the Legislature. Read More.
The Wrong Compensation Arrangement Can Lead to Serious Trouble
Marketing arrangements between a doctor and a marketer or marketing firm can be beneficial, but if improperly structured, can lead to serious trouble. Both California law and the Federal law contain broadly worded prohibitions relating to kickbacks for the referral of patients. While the federal laws apply to claims submitted to federal programs (primarily Medicare and MediCal), the California State laws are much broader in their application. Here, we will focus upon California law. Read More.
What Are The Main Issues
Why have a written contract? Have you heard the expression that oral contracts are not worth the paper they are not written on? It’s not that an oral contract can’t be binding. In fact, oral contracts can be just as binding as written contracts. The problem is that with an oral contract there will almost always be at least two versions of what the contract was supposed to say, and they may be very different. If the deal goes south, you may be endlessly chasing the truth. Read More.
Only a few years ago, advertising by professionals was considered unprofessional and illegal in most states. Now we have hospitals running fullpage advertisements, doctors who employ marketing directors, and plastic surgeons displaying their work in full color. Read More.
Over the years we have had numerous clients inquire about the different ways in which chiropractors can work with other types of health care providers. Typically, the goal is to be able to provide a greater variety of health care services to the patients under the same roof. This often also allows doctors of different disciplines to work more closely together, to share their knowledge and different approaches, allowing the patient to receive the best of all worlds as opposed to health care distinctly segregated into individual theories or approaches. Read More.
New Rules On Testimonial Advertising
Effective November 1, 2009, the FTC has issued new rules on testimonial advertising. Under the new rules endorsements are treated the same as testimonials and require significantly more in the way of accuracy, reasonableness, and verification. Here are a few recommendations on testimonial advertising for doctors and health care facilities based upon the FTC’s new rules: Read More.
We’re often asked for advice about incorporating a professional practice. Here’s a synopsis of the advice we normally give to our clients.
For operating a professional medical or chiropractic practice in California, your choice of entity is limited by state law. Basically, you can have a sole proprietorship, a partnership, or a professional corporation. Somewhat by default, if one doctor opens a practice, the legal entity is a sole proprietorship. While this is the simplest form of business organization, it is also the most risky. The owner of a sole proprietorship is personally responsible for almost everything which goes on in the business .. .including business transactions, contractual liability, liability claims of all types, and employee claims. While some of these claims may be covered by insurance, some claims are generally not covered. Read More.
To view the articles and resource you’ll need Adobe Reader.
Click Here to Get Adobe Reader
- Back to Top –
Articles & Resources
Informative Reading at your Finger Tips
State Board Investigations and Disciplinary Actions
Know Your Rights Before You Respond
Your license to practice is your most valuable possession yet many
doctors expose their licenses to unnecessary risks by the way in which they
respond to State Boa≠rd investigations and disciplinary complaints. Read More.
Referrals and Disclosure Requirements under California Law
Several California laws require health care providers to disclose any financial interest they may have in an entity or facility to which they refer patients. The disclosure obligation may include disclosure to the Medical Board of California, disclosure to the patients who are being referred for services, and in certain instances, disclosure to insurance companies and attorneys… Read More.
Discount Plans
Hardships – prompt payments – cash discounts – prepayment plans – are they legal?
Every doctor in private practice is faced with the decision of how much to charge for services rendered. At one time this was a simple issue. The doctor decided on a fee and charged that fee to virtually all patients. But today that’s no longer true. Read More.
Internet Marketing opinion of bill lockyer Attorney General
THE BOARD OF CHIROPRACTIC EXAMINERS has requested an opinion on the following question:
Does Business and Professions Code section 650 prohibit chiropractors from participating in an Internet marketing plan in which they agree to promote the naturopathic products of an Internet company and to refer their patients to the company’s website in exchange for fees equaling 20 percent of the price of the products purchased by their patients from the company? Read More.
professional advertising california statutes and regulations
Rules of professional conduct; denial, suspension or revocation of license; reissuance
The board may by rule or regulation adopt, amend or repeal rules of professional conduct appropriate to the establishment and maintenance ofa high standard of professional service and the protection of the public. Such rules or regulations shall be adopted, amended, or repealed in accordance with the provisions of Chapter 4.5 (commencing with Section 11371) of Part I of Division 3 of Title 2 of the Government Code as it now reads or as it may be hereafter amended by the Legislature. Read More.
marketing arrangements
The Wrong Compensation Arrangement Can Lead to Serious Trouble
Marketing arrangements between a doctor and a marketer or marketing firm can be beneficial, but if improperly structured, can lead to serious trouble. Both California law and the Federal law contain broadly worded prohibitions relating to kickbacks for the referral of patients. While the federal laws apply to claims submitted to federal programs (primarily Medicare and MediCal), the California State laws are much broader in their application. Here, we will focus upon California law. Read More.
physician employment contracts
What Are The Main Issues
Why have a written contract? Have you heard the expression that oral contracts are not worth the paper they are not written on? It’s not that an oral contract can’t be binding. In fact, oral contracts can be just as binding as written contracts. The problem is that with an oral contract there will almost always be at least two versions of what the contract was supposed to say, and they may be very different. If the deal goes south, you may be endlessly chasing the truth. Read More.
professional advertising
Only a few years ago, advertising by professionals was considered unprofessional and illegal in most states. Now we have hospitals running fullpage advertisements, doctors who employ marketing directors, and plastic surgeons displaying their work in full color. Read More.
how can a chiropractor work with other types of health care providers?
Over the years we have had numerous clients inquire about the different ways in which chiropractors can work with other types of health care providers. Typically, the goal is to be able to provide a greater variety of health care services to the patients under the same roof. This often also allows doctors of different disciplines to work more closely together, to share their knowledge and different approaches, allowing the patient to receive the best of all worlds as opposed to health care distinctly segregated into individual theories or approaches. Read More.
Testimonial Advertising Recommendations
New Rules On Testimonial Advertising
Effective November 1, 2009, the FTC has issued new rules on testimonial advertising. Under the new rules endorsements are treated the same as testimonials and require significantly more in the way of accuracy, reasonableness, and verification. Here are a few recommendations on testimonial advertising for doctors and health care facilities based upon the FTC’s new rules: Read More.
When Should A Doctor Incorporate?
We’re often asked for advice about incorporating a professional practice. Here’s a synopsis of the advice we normally give to our clients.
For operating a professional medical or chiropractic practice in California, your choice of entity is limited by state law. Basically, you can have a sole proprietorship, a partnership, or a professional corporation. Somewhat by default, if one doctor opens a practice, the legal entity is a sole proprietorship. While this is the simplest form of business organization, it is also the most risky. The owner of a sole proprietorship is personally responsible for almost everything which goes on in the business .. .including business transactions, contractual liability, liability claims of all types, and employee claims. While some of these claims may be covered by insurance, some claims are generally not covered. Read More.
Click Here to Get Adobe Reader
- Back to Top –