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Healthcare Compliance Attorney for Physicians & Group Practices

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Our Healthcare Compliance Attorney has the expertise to help with healthcare compliance for individual & group practice physicians.

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The HIPAA Privacy Rule governs the privacy of a patient's healthcare information and establishes national standards to protect individuals' medical records and other personal health information. Health plans, health care clearinghouses, and health care providers that conduct certain medical-related transactions electronically are subject to the Rule. HIPAA compliance lawyer, Barney Cohen of Concierge Healthcare Attorneys, helps physicians just like you throughout the United States when compliance issues arise. If Barney Cohen can help you, call him now for a free consultation at 312-804-1739 or send an email to:

HIPAA requires appropriate safeguards to protect the privacy of personal health information and sets limits and conditions on the uses and disclosures of that information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records and to request corrections.

As with most legal requirements, complying with HIPAA requires training and a thorough compliance program to prevent the likelihood of a breach or investigation. At Concierge Healthcare Attorneys, HIPAA compliance lawyer Barney Cohen, works with healthcare providers to develop HIPAA privacy policies and procedures, as well as develop and implement compliance training programs for staff and medical personnel. Working with a HIPAA compliance lawyer eliminates the confusion and frustration and is a proactive move to mitigate the inappropriate use or disclosure of protected health information.

Developing Procedures For A Breach Of PHI

The HIPAA Breach Notification Rule requires physicians and other healthcare providers to notify individuals whose protected health information (PHI) has been compromised because of a breach. Generally, a breach is an impermissible use or disclosure that compromises the privacy or security of PHI. Most breach notifications must be provided without unreasonable delay and no later than 60 days following the breach discovery. The Breach Notification Rule also requires notification of the Department of Health and Human Services (HHS), and in some cases the media.

Physicians should have a good understanding of their obligations in the event of a breach of a patient's PHI. Proper training and the development of HIPAA privacy policies and procedures can help your team react appropriately and within the complex rules and procedures.

Additional HIPAA Compliance Documents

There are several documents that have to be prepared for physician practices, such as a Notice of HIPAA Privacy Practices, Business Associate Agreements, and HIPAA privacy and security policies and procedures. All of these documents should be drafted by or in consultation with an experienced HIPAA compliance lawyer.

At Concierge Healthcare Attorneys, LLC our healthcare lawyers can help you and your healthcare team develop HIPAA security and privacy compliance plans and procedures that outline how to best respond to potential security or privacy violations.

Common HIPAA Violations Leading To A PHI Breach

Nearly 58% of healthcare breaches involve practice employees. The most common reasons for a breach include:

Employees improperly disclosing patient information

The mishandling of medical records

Losing devices containing electronic protected health information (ePHI)

General lack of training about HIPAA Rules.

Physicians and healthcare providers can prevent improper access or misuse of PHI by working with a HIPAA compliance lawyer to develop procedure and structure training.

About Concierge Healthcare Attorneys, LLC Compliance Training Programs

HIPAA and healthcare compliance training is critical because it can help your practice prevent breaches and outline the appropriate legal steps if a breach ever does occur. When you broaden HIPAA compliance knowledge across your practice, your team gains the ability to identify risks, resolve problems, and streamline processes so that your entire team can operate on best practices.

There are several things that HIPAA compliance training should cover.

What HIPAA compliance is and how it applies to your specific practice.

The responsibilities of "Covered Entities" and "Business Associates."

Patients' right of access to PHI.

How to protect against cyber threats and the basics of protecting ePHI, such as changing passwords regularly, logging off of devices when not in use, etc.

How to identify and report a potential breach of patient data.

No matter the training solution your practice chooses, make sure it meets all HIPAA requirements and most importantly delivers content in a way that will be retained and understood by your employees.

How Often Should Physicians Complete HIPAA Compliance Training?

We recommend you work with a HIPAA compliance lawyer for training on an annual basis for current staff, and within 90 days of employment for new hires. HIPAA training should be a key part of employee onboarding.

Documenting HIPAA Compliance Training

When it comes to documentation of HIPAA compliance training, you should be able to show which employees have undergone compliance training, what resources they used to complete the training and when it was completed. This way, in the event of an audit, you can show that you have taken this step to prevent breaches. A certificate of completion showing who completed the training and when it was completed should be provided to each employee upon completion of training. We recommend training programs end with a quiz to show that employees retained the material.

Speak With A HIPAA Compliance Lawyer To Review Your Training Needs

Concierge Healthcare Attorneys, LLC has a specific focus on healthcare law. We regularly work in this highly specialized area and not only understand the federal and state laws healthcare providers face, but also appreciate how challenging compliance can be for medical professionals. Our HIPAA compliance lawyer Barney Cohen stands ready to help you with all your HIPAA needs in a cost-conscious manner. Contact us today to learn more about how we can help your practice anywhere in the United States.

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HIPAA Compliance Lawyer for Healthcare Professionals

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Our HIPAA compliance lawyer works with individual physicians, group practices and healthcare providers on HIPAA compliance needs & training.

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Physician employment is an integral part of the practice of medicine. Many physicians today are employed by group practices, multispecialty group practices, medical faculty practice plans, hospitals or other institutions. With more medical students than ever entering the work force, this trend is likely to continue and accelerate. At some point in their careers, most physicians will likely be party to a physician employment contract. Physician employment contract lawyer, Barney Cohen of Concierge Healthcare Attorneys, helps physicians just like you throughout the United States at this critical time. If Barney Cohen can help you, call him now for a free consultation at 312-804-1739 or send an email to: *protected email*

The secret that physician employment contract lawyer, Barney Cohen, wants to share with you is that ALL physician contracts are negotiable.

Many physicians are concerned about a practice's reaction to the physician's legal review of the employment contract. However, the offer of a contract to a physician means the practice or hospital wants you! Total passivity about the negotiation of the employment contract will only lead the practice or hospital to conclude that the physician doesn't care enough about contract terms which are important to the practice or hospital, or alternatively doesn't care about securing contract terms- not in the initial contract -which would be favorable to the physician. A bad contract can leave money on the table, result in a bad marriage of sorts, and set your career on the wrong trajectory.

Employment Considerations For Physicians

There are many considerations that factor in the decision to enter into a physician employment contract. The physician-employee must consider the geographical location of the practice, the personalities of the other physicians, the type of work he or she will be doing, the short- and long-term economic prospects for the overall practice, and the amount of time the position will leave for other professional and nonprofessional activities. A potential physician-employee should look into the long-term obligations of the group. For instance, are any of the doctors in the group planning to retire? Will the rest of the physicians be obligated with a large buyout?

Physician Employment Compensation

In determining whether to enter into a contract with a practice group the physician should examine the compensation offered, including:

If a sign-on bonus is not included in the initial offer, the physician should definitely ask for one. A sign-on bonus can range from $10,000 to $125,000 depending on the physician's specialty, years of experience, and other factors. A relocation allowance covering the cost of movers, the cost of travel and meals incurred in house-hunting, and a temporary housing allowance should also be requested.

It is not uncommon for a practice's initial offer to provide that the sign-on bonus and/or relocation allowance must be repaid in full if employment is terminated before the agreement's initial term ends. More reasonably, the physician should ask for the "amortization" of the repayment obligation. That is, the physician should only have to repay a fraction of the sign-on bonus based on the fraction of the time that the physician does not work for the practice during the initial period.

Additionally, the physician should not have to repay the sign-on bonus or relocation allowance if (i) the Practice terminates the physician's employment without cause, (ii) the physician terminates the contract because the Practice breaches the contract terms, of if the contract is terminated because of the physician's death or disability.

MGMA Compensation Analysis

Physicians, through their physician employment contract lawyer, should examine what the Medical Group Management Association ("MGMA") compensation analysis reveals about physician compensation, including academic compensation, paid continuing medical education ("CME"), as well as such things as call coverage requirements. There are multiple other data points which can be examined, and used in negotiating the physician's contract.

Private practices may offer a physician what others were offered when they joined the practice several years ago. This, of course, is not reasonable. By offering objective MGMA data that was not considered by the practice at the time it developed its offer, the practice may be reasonable and willing to factor the objective data into a revised offer.

In contract negotiations questions can also arise with respect to the term of the agreement. The following are all areas that an experienced physician employment contract lawyer can make sure are addressed.

Clinical and Administrative responsibilities of the p hysician employee

Professional Liability Insurance

Pay Down of Student Loans

A Covenant not to compete after the termination or expiration of the agreement

Discipline and Discharge

Call Coverage

A 1- year term contract, terminable "with or without cause," leaves the physician highly exposed to sudden and unexpected termination, which could then trigger a "noncompete" provision preventing the physician from continuing to provide services for another practice in the same geographic area. "No cause" termination provisions need to be resisted, and the physician needs to approach short-term contracts with "noncompete" provisions very carefully.

It is important to understand the scope of your duties and responsibilities. Are you expected to engage in heavy administrative or community service responsibilities?

Professional liability insurance is an important, yet often overlooked provision. Is the insurance "occurrence" or "claims-made" coverage? What are the per occurrence and aggregate limits of coverage? Will the practice purchase a "tail" policy, or is that an expense the physician will have to absorb? The physician needs an attorney experienced in such matters in order to avoid a costly mistake.

Many contracts provide that the physician is expected to take "call coverage," without stating how call coverage will be assigned. The physician should negotiate reasonable call coverage, including weekend calls. The MGMA publishes benchmarks for call coverage in various specialties.

Physicians Rights I n Regard To Patient Records

Physician contracts often provide that the patient records are owned by the practice rather than the physician. This is reasonable during the term of the physician's employment. However, the treatment of the records post termination of employment can be problematic. Some contracts provide that the records of patients who wish to continue to be seen by the physician will be transferred "at the physician's expense," notwithstanding the fact that most practices do not charge patients for copies of their records. The physician should try to negotiate a provision that patients may request that their medical records be transferred to their physician's new practice, at the patient's expense. The physician should also be given the right to free access to patient records necessary to defend medical malpractice or peer review action.

Given the breadth and complexity of physician contracts, and the fact that they govern a hospital or medical group's professional relationship with physician-employees, it is important to handle physician contract review and negotiations carefully.

The failure to draft and analyze the employment agreement with a critical eye can lead to several landmines down the road, including unfulfilled expectations, disgruntled employees, and litigation over the terms of the agreement.

The physician should engage a knowledgeable physician contract review lawyer who will be an advocate for you in the contract negotiating process.

Barney Cohen contributed to the writing of the " American Medical Association Annotated Model Physician Employment Agreement ." Mr. Cohen has written and negotiated numerous physician employment contracts for newly minted and established physicians. As a p hysician employment contract lawyer , H e works closely and personally with his clients drafting, reviewing and negotiating employment contracts that include complex compensation packages, buy-ins, retirement benefits, disability benefits and restrictive covenants. Mr. Cohen personally ensure s that his clients' employment contracts are legally sound and just.

If you are a p hysician in need of an experienced physician e mployment c ontract l awyer anywhere in the United States, from New York to Los Angelos, Seattle to Miami, Chicago to Houston, Denver to Boston or Washington DC and all cities in between the Healthcare Law Firm of Concierge Healthcare Attorneys, LLC is here to serve you.

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Physician Employment Contract Lawyer - Healthcare Attorneys

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Turn to a Physician Employment Contract Lawyer to draft, review and negotiate all the complexities of a physician employment contract.

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Medical Residents work long hours, and deal with one of the most stressful jobs in the healthcare field.

Mistakes can happen, and a resident can find him/herself on the wrong side of a disciplinary action, with the devastating prospect that their residency could be in jeopardy.

Reprimands, probation, suspension, non-renewal, or termination from the residency program can end a medical career before it even gets started. Medical resident lawyer, Barney Cohen of Concierge Healthcare Attorneys has more than 30 years of experience, helps medical resident physicians just like you throughout the United States at this critical time. If Barney Cohen can help you, call him now for a free consultation at 312-804-1739 or send an email to: *protected email*

Medical Resident Discipline Often Involve These Steps

Typically, the steps involved in medical resident discipline include one or all of the following:

However, depending on the circumstances of the medical resident and his/her misconduct or other inappropriate action, the residency program may choose any of the described disciplinary actions for a single infraction including immediate termination from the training program without first providing the resident lesser disciplinary actions.

A Medical Resident Lawyer Is An Advocate For You

For many medical residents, being faced with a disciplinary action can be an overwhelming and frustrating experience. Medical residents are not trained advocates. They may be familiar with the facts bearing on proposed disciplinary actions, but they lack the critical understanding of how to present those facts clearly and persuasively, question opposing witnesses, and argue legal issues. The reality is that, in most cases, there is an imbalance in relevant experience among the non-lawyer participants in the medical resident disciplinary process. School representatives, such as deans and program directors who speak at hearings on behalf of the school usually have done so before. By contrast, the medical resident is usually a complete novice in such matters. This imbalance is grossly unfair and undermines the integrity of the process.

Due Process Should Be At The Heart Of Disciplinary Actions

Disciplinary actions, as opposed to academic decisions, must be the result of a careful, deliberate, "reasonable decision-making process." The deliberations must be conscientious, rational and fair. They cannot be arbitrary or capricious. Any negative findings resulting in potential disciplinary actions must be clearly communicated to the medical resident. There must be a chance and process for the medical resident to address deficiencies, and an "opportunity to cure" the perceived failures. In other words, there must be a semblance of due process.

Why Hire Medical Resident Lawyer Barney Cohen?

Medical residents are not able to adequately defend themselves against proposed disciplinary actions if they don't know what the charges are, or have an opportunity to acquire meaningfully review, or to present exculpatory evidence. Further, without a medical resident lawyer with experience in representing medical residents, who can actively participate in a hearing, medical residents may miss critical opportunities to respond to evidence, challenge testimony, and present an adequate defense.

Enlisting the services of a competent experienced medical resident lawyer in representing medical residents in disciplinary actions is a wise decision for any medical resident facing discipline. The attorney's understanding and experience with residency disciplinary actions will enable the resident to prepare a strong defense. Concierge Healthcare Attorneys, LLC has years of experience as General/Senior Counsel of academic healthcare systems in redressing medical resident discipline. Our law firm knows just what you need for a successful outcome for your case.

If you are a resident in need of an experienced medical resident lawyer anywhere in the United States, from New York to Los Angelos, Seattle to Miami, Chicago to Houston, Denver to Boston or Washington DC and all cities in between Barney Cohen of Concierge Healthcare Attorneys, LLC is here to serve you.

For additional guidance see:

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Medical Resident Lawyer - Concierge Healthcare Attorneys, LLC

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Our Medical Resident Lawyer has the understanding and experience with residency disciplinary actions to help prepare a strong defense.

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Physician Peer Review Attorney - Medical Staff Physician Review

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Our Physician Peer Review Attorney has the experince you need when issues arise involing a medical staff physician peer review.