admin, Author at Brown & Fortunato

Paying Physicians: Guidance From Two Cases

By: Jeffrey S. Baird, Esq. Within certain legal parameters, a pharmacy can make payments to physicians. For example, if the pharmacy and physician enter into a legitimate Medical Director Agreement, then the pharmacy can make payments to the physician. Likewise, if a physician will provide bona fide education services for the pharmacy, then the pharmacy […] More...

The Differences Between Litigation And Arbitration

People tend to avoid civil litigation at all costs because it can be expensive, time-consuming, and hard to predict. No one is certain of the outcome until the foreman of the jury hands the paper to the judge, who will read the decision out loud. Today, many use alternative ways to settle a dispute, such […] More...

Legal Issues When Selling A Pharmacy In An Asset Sale

Selling a pharmacy is a complex venture that requires several factors to be completed before a deal is officially made. It is best to enlist the aid of an attorney so the sale can move smoothly. A sale of this nature may require a significant amount of time to complete. You should build a solid […] More...

Healthcare Fraud: Compliance With The Stark Law

Healthcare fraud is a significant problem for the Federal government. The government funds medical care for vast numbers of people, but Federal agencies that review claims for services are constrained by budget restrictions that make it difficult to properly reviewing each claim. To protect Medicare and Medicaid, the two largest healthcare programs in the country, […] More...

Understanding HME Provider Mergers And Acquisitions

Mergers and acquisitions (or “M&As”) are legal and business processes that join two companies under one operation. M&As may reduce or remove competition, increase profits, reduce administrative overhead, and can combine the best aspects of former marketplace competitors. M&As are particularly prevalent in the home medical equipment industry (“HME”). Since 2010, there has been a […] More...

Understanding The Process Of Transferring Mineral Rights

Selling or buying mineral rights is a legal transaction that requires a real estate deed specifically outlining the types of mineral rights being transferred. State laws generally control these transfers. All parties must be aware of laws and regulations regarding the sale of mineral rights and should have experienced legal assistance during the process. Proving […] More...

FDA Cybersecurity Guidance For Medical Device Companies

The Food and Drug Administration (FDA) is responsible for regulating food, drugs, and medical devices. This responsibility enables the organization to create regulations, enforce safety standards, and issue recalls. The administration can also release guidelines to help medical device manufacturers confront cybersecurity threats. Hackers exploit companies, governments, and systems because there are gaps in security […] More...

How Healthcare Practices Can Comply With the Stark Law

Physicians should know the basics of complying with the Stark law. Although this law was originally passed in 1989, it has continued to be expanded. The regulations under the Stark Law can be tough to keep up with, but understanding the basics is essential for any healthcare practice. What is the Stark Law? The Stark […] More...

Understanding How To Purchase A Company

Whether this is your first or fifth business acquisition, this type of transaction can be an emotional and exhilarating experience. For many people, purchasing a business is the culmination of a lifelong dream. For others, it is a strategic acquisition that will make a current business more competitive for the future. Regardless of whether you’re […] More...

7 Ways To Avoid Litigation When Selling Your Business

Selling a business is not as simple as a handshake and a nod. There are multiple steps, any one of which could derail the entire process and expose you to litigation. The closer you get to selling your business, the higher the likelihood you could be subjected to litigation if the sale falls through. However, […] More...