Our health care attorneys will audit your medical practice to flag issues that might enhance your risk of malpractice liability (negligence), medical board discipline, or regulatory enforcement action.

Our medical practice audit will cover areas including

  • Advertising and Marketing Practicess
    • State Law
    • Federal Law (FTC)
    • Conflicts of Interest Issues
    • Payment of Sales Tax on Goods Sold
  • Billing Practices
  • Business Structure
    • Choice of Entity; Use of Professional Corporation
    • Fictitious Name Permit
    • Management Agreement
    • Self-referral (Stark; PORA), Anti-Kickback, and Fee-Splitting
  • Coding Practices
  • Facility and Equipment; OSHA
  • HIPAA
    • State laws (e.g., California’s Confidentiality of Medical Information Act)
  • Informed Consent
  • Medical Charts, Records & Documentation
    • Documentation of Good Faith Exam
    • Documentation of Informed Consent Discussion
  • Medication, Pharmacy, and DEA Compliance
    • DEA Record-Keeping
    • Policies & Procedures Regarding Dispensing
    • Storage of Controlled Substances
  • Patient Forms
  • Staff Scope of Practice
    • Allied Health Practitioners
      • Advance Practice Nurse
      • Imaging Technologist
      • Physical Therapist
      • Physician Assistant
      • Psychology Intern
      • Registered Nurse
    • Complementary and Alternative Medicine Practitioner
      • Acupuncturist
      • Chiropractor
      • Massage Therapist
    • Non-licensed Practitioners
      • Medical Assistant
      • Practitioners Under “Medical Freedom” Act
  • Standard of Care
  • Medical malpractice liability risk management
  • Risk of medical board discipline, with review of specific therapies
  • Review of insurance practices, including billing and coding and handling of Medicare patients
  • Review of professional liability insurance coverage
  • Review of legal issues relating to sales of nutritional (dietary) supplements
  • Review of contracts for fee-splitting and anti-kickback issues and other structural aspects of business arrangements
  • Review of legal issues relating to hiring staff as independent contractors versus as employees
  • Review of marketing materials including website for FTC and state advertising law compliance; review of scope of practice issues for non-MD practitioners
  • Legal review of use of medical devices including diagnostic devices
  • General business advice and liability risk management and legal review of other matters within the practice.
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