Recently Published Articles:
Currently, our society is heavily motivated by a “we” mindset,
focusing on shared sacrifice, paying your fair share and giving back. Hospitals
seek to take advantage of this trend to gain economic control over physicians.
Learn what you must do. Read Protecting Traditional Practice in Today’s ‘We’ Society. Or, download here as a PDF.
In order to thrive in the “We” society sweeping through healthcare, medical groups must adopt a different focus. Read
Physicians: Action Required to Thrive in Today's "We" Society. Or, download here as a PDF.
Planning is less effective than strategy and strategy is most effective when strengthened through the Scenario Survey Process. Read How Scenario Surveys Strengthen Strategy. Or, download here as a PDF.
Radiology groups must engage in the Scenario Survey Process to identify potential trends and threats in order to shape a strong strategy. Read Scenarios Can Shape Group Strategy. Or, download here as a PDF.
The way that fair market valuation works in connection with coverage stipends and physician work agreements is leading to lower and lower physician compensation. Read Fair Market Valuation: The Death Spiral of Physician Compensation. Or, download here as a PDF.
The fair market valuation process is often unfair, blind to value and generally ignores the true market. That’s the good part. Now read about its negative impact on physician compensation. Read The Pitfalls of Fair Market Valuation. Or, download here as a PDF.
Your group’s held the exclusive anesthesia contract for 20 years. Instead of entering into renewal talks, the hospital issues an RFP designed to get you to undercut your position. What to do? Read How To Navigate the Rising Tide of Aggressive RFPs. Or, download here as a PDF.
Hospitals are disrupting their longstanding radiology group relationships as they seek to cut stipends and get more for nothing. The favored tool? A "weaponized" form of the request for proposal. Read How To Shield Against “Weaponized” RFPs. Or, download here as a PDF.
How to apply psychological pressure during your next negotiation session. Read Harnessing the Effects of Group Pressure in Hospital Negotiations: Find Your Buddy. Or, download here as a PDF.
The tactics being used by proponents of accountable care organizations against physicians are eerily reminiscent of those used by auto manufacturers to crush the prices charged by their suppliers. Read Negotiation Ploys: From Autos to ACOs. Or, download here as a PDF.
The so-called “Company Model” of providing anesthesia services at an ASC presents serious kickback concerns. Read The Company Model: Is Taking Less Money To Work at a Surgicenter Worth Jail Time? Or, download here as a PDF.
Obamacare mandates that physicians participating in Medicare or Medicaid have operating compliance programs. Turn the mandate into a strategic advantage. Read Turning a Mandatory Compliance Program Into a Strategic Advantage. Or, download here as a PDF.
How will physicians fit within the bureaucratically envisioned healthcare system of the future? Read The Health Care Con-Vergence? Or, download here as a PDF.
Anesthesiologists should think twice, or even thrice, about ASC deals. Read Will You Pay the Price for an ASC Deal Gone Wrong? Or, download here as a PDF.
Learn how to increase your chances of a favorable negotiation by gaining leverage in countering, or harnessing, the effects of group pressure. Read Countering Pressure in Face to Face Negotiation. Or, download here as a PDF.
Medical Groups and entrepreneurial physicians must learn to manage business risk as a part of their overall strategy. Read Managing Risk: Required For Success. Or, download here as a PDF.
Physicians interested in controlling their own future need to steer clear of, or get hold of the steering wheel, of hospital moves to create ACOs – accountable care organizations. Read Escape the Carnage of the ACO. Or, download here as a PDF.
The talking heads of healthcare are at it again: A new acronym to save healthcare has arrived, the ACO, an "accountable care organization." But to whom is an ACO accountable? Read Accountable Care Organizations: Accountable to Whom. Or, download here as a PDF.
Are you headed to the Anesthesia Factory to deliver more commodity service, or are you creating an experience monopoly? Read Are You Headed to the Anesthesia Factory? Or, download here as a PDF.
Are radiologists going each day to a factory . . . a factory of a different kind? Read The Profit Center: Part 13 -- Radiology as factory work? Or, download here as a PDF.
Learn how political challenges to exclusive agreements impact on pain medicine practices. Read Politician Challenges Exclusive Contract and Stipend Support: Impact on Pain Practice. Or, download here as a PDF.
If you like your exclusive anesthesia agreement, you’d better learn how to defend it from political, yes, political, attack. Read Like Your Exclusive Anesthesia Pact? Learn To Defend It. Or, download here as a PDF.
Exclusive contracts are under attack. Learn what arguments are being made and what you have to do to counter them. Read Exclusive Contracts and Hospital Stipends Under Attack. Or, download here as a PDF.
Negotiation doesn’t take place in a vacuum, it takes place within a context. So why not control the context? Read To Control the Contract, Control the Context. Or, download here as a PDF.
No matter what “healthcare reform” law is imposed, the steps that you need to take, right now, to thrive in the face of this looming future are the same. Read Thriving Despite (so-called) Healthcare Reform. Or, download here as a PDF.
If your hospital-based group is in the "medical business," why is it highly likely that it's also in the insurance business, in fact, as an insurer of the hospital's risk? Read Taking On Risk With Dubious Reward. Or, download here as a PDF.
Stop kidding yourself that the delivery of expert, even world-class, medical care is sufficient to guarantee your group's future. Understand how to identify and incentivize high level customer service. Read Securing Customer Satisfaction. Or, download here as a PDF.
Maximize your group’s negotiating power by carefully choosing the message. Read Deploy the Power of Persuasion. Or, download here as a PDF.
Let other anesthesiologists worry about surviving the down economy: Take these steps now in order to thrive. Read Opportunities Knocking In Market Flux. Or, download here as a PDF.
Physician groups can greatly increase their negotiating power by controlling context. Read Increase Negotiating Power. Or, download here as a PDF.
Hospital based groups need to take simple steps in defense of their business. Read Imaging Advantage: Much ado about the same old thing? Or, download here as a PDF.
Many radiology groups mistake the fair market valuation process for a viable stipend negotiation strategy. Read Negotiating Your Group's Stipend. Or, download here as a PDF.
Hospital based physicians need to develop an experience monopoly for their referring physicians, patients and hospitals. Read Creating an Experience Monopoly. Or, download here as a PDF.
Anesthesiologists and other hospital based physicians can learn a valuable lesson from a False Claims Act case involving Stark law violations. Read Anesthesiologists Should Heed Stark Law Ruling. Or, download here as a PDF.
Radiologists can learn how to steer clear of Stark law issues. Read Steering Clear of Stark And False Claims Allegations. Or, download here as a PDF.
Tough times underscore the need for a long term strategy. Read Radiology Groups Need New Approaches to Survive in Rough Times. Or, download here as a PDF.
It hinders your group's business if its structure makes it difficult or impossible to make quick decisions. Yet this is what many radiology groups do through their processes of fully participatory decision making. Read Radiology Group (un)Governance. Or, download here as a PDF.
Anesthesiologists need to understand that the way to garner surgeon support is by tying to the surgeons' goals. Read Establish Surgeon Support Without the Monkey Business. Or, download here as a PDF.
What action might an anesthesia group take, both pre- and post-operatively, to boost collections? Read Boosting Collections, A Group Effort. Or, download here as a PDF.
The dominant business and financial paradigm for many physicians, especially hospital-based specialists, is that they are a commodity, a valuable one, perhaps, but a commodity nonetheless. If you are ever to break out of the current paradigm, it will not be by benchmarking to the best practices of other groups headed downward in the same maelstrom. Read Creative Destruction. Or, download here as a PDF.
Radiology groups must adopt business practices that will permit them to succeed in a changing and uncertain future. If you don’t write the script for your own future, someone else will. Read We Perform Just Like Every Other Radiology Group - So Why Are We Doing So Poorly? Or, download here as a PDF.
Democracy is fine for government; it just doesn’t work for anesthesia groups of more than a few members, at least not on any level past the election of a leader. Read Anesthesia Group (un)Governance. Or, download here as a PDF.
(Part 2) Too many practices operate as a collection of individuals whose purpose is to provide services at a hospital. From a business and psychological perspective, they have not evolved much during the past 20 years. Read Anesthesia Groups Must Confront the Four Fs - Part 2. Or, download here as a PDF.
(Part 1) Too many practices operate as a collection of individuals whose purpose is to provide services at a hospital. From a business and psychological perspective, they have not evolved much during the past 20 years. Read Anesthesia Groups Must Confront the Four Fs - Part 1. Or, download here as a PDF.
Gainsharing is a pay for performance model particularly suited to surgeons and to hospital-based groups. Read Gain Your Fair Share: Gainsharing Makes a Comeback. Or, download here as a PDF.
We're in the process of uploading the following articles. Until they appear here, we'd be pleased to email to you copies of any that you request: request@advisorylawgroup.com
We Do Exactly What Every Other Anesthesia Group Does -- So Why Are We Doing So Poorly?
Seminars in Anesthesia Perioperative Medicine and Pain
Elsevier, Inc.
December 2005
Medical Directorship of Anesthesia Services: Are You a Player or Just Being Played?
Seminars in Anesthesia Perioperative Medicine and Pain
Elsevier, Inc.
September 2005
The Future of Anesthesia Practice: Hedge Your Practice's Chances of Being on, Not Under, the Leading Edge of the Wave
Seminars in Anesthesia Perioperative Medicine and Pain
Elsevier, Inc.
June 2005
Exclusive Anesthesia Contracts: History, Theory, Nuts and Bolts
Seminars in Anesthesia Perioperative Medicine and Pain
Elsevier, Inc.
March 2005
Exclusive Anesthesia Contract or Medical Directorship Pact?
Anesthesiology News
April 2004
Good Faith is the Key to Complying With HIPAA's Notice of Privacy Practices Requirement
Anesthesiology News
December 2002
Get What You Aimed For:
How to Forge Bulletproof Employment Agreements
General Surgery News
November 2002
Preserve the Deal You Expect: How to Forge Bulletproof Employment Agreements
Anesthesiology News
July 2002
Guest Editorial: Liability Arising From Consultant-Prepared Compliance Plans
Orthopedic Technology Review
May/June 2002
Maximize Protection and Profit Through Careful Entity Planning
Radiology Business Management Association Bulletin
March -- April 2002
Liability Arising From Consultant-Prepared Compliance Plans
CSA Bulletin
California Society of Anesthesiologists, Inc.
January – March, 2002 Issue (Vol. 51, No. 1)
Structuring Practice Entities For Maximum Profit And Protection
Anesthesiology News
March 2002
OIG Opinion Places Legality of Common Exclusive Contract Provision
in Doubt
Anesthesiology News
January 2002
Lessening the Impact of the Failure of the Medical Group Model
Anesthesiology News
October 2001
Regulatory Compliance Plans are Key to Avoiding Legal Risk
Auntminnie.com (The Online Radiology Forum)
October 24, 2001
(http://www.auntminnie.com/index.asp?Sec=nws&sub=rad&pag=dis&ItemId=51976&d=1)
Physician Liability to Debtor Patients … Courtesy of Your Billing Service
Anesthesiology News
September 2001
High Crimes and Misdemeanors: Avoiding Medical Group Liability as a Result of Billing Service Errors
Radiology Business Management Association Bulletin
September 2001
Physician Leaders Must Manage the Billing and
Collection Process ... or Suffer the Consequences
CSA Bulletin
California Society of Anesthesiologists, Inc.
April – June, 2001 Issue (Vol. 50, No. 2)
The Time is Now: Providers Must Adopt Prudent
Business Practices in Anticipation of the Failure of
the Medical Group Model
CSA Bulletin
California Society of Anesthesiologists, Inc.
January - February, 2000 Issue (Vol. 49, No. 1)
Are Percentage-Based Management Services Deals
Illegal? OIG Opinion Raises Serious Concerns
Group Practice Journal
American Medical Group Association
May 1999 Issue (Vol. 48, No. 5)
Compliance Audits: Save Money and (Jail) Time
LACMA Physician
Los Angeles County Medical Association
January 1998 Issue (Vol. 128, No. 1)
Antifraud Aspects of the Health Insurance
Portability & Accountability Act of 1996
LACMA Physician
Los Angeles County Medical Association
October 7, 1996 Issue (Vol. 126, No. 16)
Reprinted, Solano Physician,
Solano County California Medical Society,
December, 1996, Vol. 96, No. 11
Reprinted, Coastal Bend Medicine,
Nueces County Texas Medical Society,
June/July 1997, Vol. 37, No. 4
Physician Recruiting Packages
LACMA Physician
Los Angeles County Medical Association
June 17, 1996 Issue (Vol. 126, No. 11)
Reprinted, CSA Bulletin, California Society of Anesthesiologists, Inc., November - December, 1996 Issue (Vol. 45, No. 6) as Physician Incentives: Consider the Impact of Federal and State Laws Before You Say “Yes!”
Sure I'll Agree to Arbitrate
"I Just Don't Want to Waive Any of My Rights
(and Other Fairy Tales)"
CSA Bulletin
California Society of Anesthesiologists, Inc.
January - February, 1996 Issue (Vol. 45, No. 1)
Beware of "Standard" Contract Provisions
LACMA Physician
Los Angeles County Medical Association
November 6, 1995 Issue (Vol. 125, No. 18)
Reprinted, Solano Physician, December, 1995,
Vol. 95, No. 1
Assign of the Times: The Prohibition Against the
Reassignment of Medicare and Medi-Cal Claims
CSA Bulletin
California Society of Anesthesiologists, Inc.
September - October, 1995 Issue (Vol. 44, No. 5)
Does Your Hospital's MSO Owe You
a Fiduciary Duty?
LACMA Physician
Los Angeles County Medical Association
September 18, 1995 Issue (Vol. 125, No. 15)
Specialists and Managed Care:
Strategies for Maximizing Opportunity
Hispanic Physician
California Hispanic American Medical Association
Volume V
Kickbacks: Extracting A Price For Your Right
To Treat Patients
CSA Bulletin
California Society of Anesthesiologists, Inc.
May-June, 1994 Issue (Vol. 43, No. 3)
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