Why Your Price Has Nothing to do With Cost – Podcast

We all place a different value on what we receive and we’re willing to pay a comparable price. It has nothing to do with the cost to the producer or provider.

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Mark F. Weiss

www.advisorylawgroup.com

But Everyone’s Doing It!! Not A Great Defense To Compliance Violations – Medical Group Minute

There are tremendous opportunities in the market, opportunities that you can exploit. But in doing so, you must think twice, or even thrice, about the proper structuring of your deals.

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Mark F. Weiss

www.advisorylawgroup.com

Why You Must Nurture A Relationship Agreement – Success In Motion

Ride along with Mark as he discusses the difference between a relationship agreement and a simple transactional agreement. Misunderstanding the concept leads many medical groups to ruin.

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Mark F. Weiss

www.advisorylawgroup.comAudio Player

Surprise (medical bills)! Language, Framing and Your Bank Account

Both state and national level politicians certainly know what side the bread is buttered on, and who’s doing the buttering. There are far more patients than there are physicians, thus the rush to fix the problem they’ve defined as “surprise medical bills.”

Sure, just like I’m surprised when I pay good money for admission to a baseball game and then find out that the beer isn’t free! What? It’s completely unfair!

By framing the issue from the position of the average voter, politicians think the solution to the problem that they’ve defined as “surprise” is to force physicians to take contracted rates that they never bargained for or, and why not, simply go to arbitration.

But wait, will you be “surprised” when you find out that arbitration isn’t free or even discounted? What do you mean, why isn’t it free? Will there be legislation to remedy the surprise arbitration cost problem? Don’t hold your breath.

Physicians can’t change the fact that most politicians are simply second handers who create nothing, but crave power. But at least physicians can make an attempt to define the language used in the out of network situation to gain traction in framing what the issue really is: Insurance companies refuse to contract at reasonable rates. Insurance companies want to cut out the cost of contracting and still force “contracted” rates down physician’s throats. By narrowly contacting, insurance companies can then put their fingers on the scale of what contacted rates in “the community” (supposedly) are.

But, of course, if insurance companies don’t have a contract with someone to accept a lower, contracted rate, why should they be entitled to any rate other than full rates? The one-sided “right” to impose a discount is, in essence, imposing a form of slavery on the non-contracted physicians: it’s taking value from you without paying you an agreed upon value in return.

Perhaps physicians are afraid to talk this way.

So how about this frame: Why should anyone be forced to accept a contracted rate they didn’t contract for? If insurance companies are interested in contracting they should reach out and do it. If they’re not, then either they or the patient should be responsible for the full fee. It’s as simple as that. Just like my ticket to the game doesn’t get me free beer unless I bought some sort of package deal.

If you simply sit back and leave it up to political power, then the situation will become what is attributed to Benjamin Franklin (I know, I know, he probably didn’t actually say it), “democracy is two wolves and a lamb sitting down to the vote on what to have for lunch.”

Unless you frame the issue, you will continue to be on the menu.

Hungry anyone?

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Mark F. Weiss

www.advisorylawgroup.com

Fraud on Physicians in the ASC Setting – Medical Group Minute

As more physicians rush to invest in ASCs, unscrupulous facility promoters/managers scheme to separate physician investors from their money.

Mark F. Weiss

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www.advisorylawgroup.com

What You Need to Know About The High Cost of 15 Minutes of Fame, HIPAA Edition – Medical Group Minute

A little bit more than 15 minutes of fame, just cost three Boston area hospitals, Boston Medical Center, Brigham and Women’s Hospital, and Massachusetts General Hospital, a collective $999,000.

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Mark F. Weiss

www.advisorylawgroup.com

Hospital Divorces Anesthesia Group After Twenty-Four Years of Marriage – Podcast

We still love you but, hey, we’re in love with someone else who spends less on clothes stipends.

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Mark F. Weiss

www.advisorylawgroup.com

Don’t Confuse Strategy with Tactics (or with Garbage) – Medical Group Minute

Several years ago, I read a review in a magazine for consultants of a new book by an “expert” who advises that since business now moves at the speed of light, the “old” strategic question of “where do you want to be X years from now?” must now be “where do you want to be a few days from now?”  That’s total B.S.!

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Mark F. Weiss

www.advisorylawgroup.com



Are You Penalizing for the “Wrong” Answer to the Wrong Question? – Success in Motion

Take a seat and relax while you ride along with Mark and discuss the problem of expecting a valuable answer to the completely wrong question.

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Mark F. Weiss

www.advisorylawgroup.com 

A Negotiation Tip: What’s His or Her Own Motivation?

Here’s a great tool for your next negotiation with an entity, say with a hospital or even a healthcare system. Or with any business, for that matter.

It’s motivation. Motivation in the context of negotiation. No, not your motivation, but figuring out the other side’s motivation. But with a different twist, of course.

When you negotiate with an entity on the other side of a deal, of course you have to be concerned about, and do serious investigation into what that entity’s motivations, interests, and payoffs might be.

But also consider this: Because the other side is an entity, it’s always going to be represented in the negotiation by people. Let’s take some negotiation with a hospital as an example. The hospital will be represented by some executive charged with the outcome. Let’s say that it’s the CEO.

Think deeply about the CEO’s motivation in the negotiation, as opposed to the entity’s motivation. What is it?

For example, consider questions like the following: How does the CEO get paid? How does the CEO get evaluated for a promotion? When do evaluations occur? What other pressures is the CEO under?

Do you really understand those factors and what they can mean to you?

Over the course of hundreds of deals, I’ve seen many in which the hospital’s representative, the CEO in our example, took a position or agreed to a position opposed to the hospital’s best interest. You wonder why only for so long – then you realize that the CEO’s motivation wasn’t exactly the same as the hospital’s. For example, she was going to be judged on whether the deal closed, and therefore, a closed deal was better than the best deal, the best deal that would have taken longer to achieve.

Although you must, of course, research and evaluate what the business entity on the other side of the deal seeks in terms of success, it might be even more valuable to understand what success means for the executive representing it. In many cases, it’s entirely possible to deliver a complete win to the individual sitting across the table from you while delivering a complete win to your own organization in terms of the terms of the contract.

I’m not a big believer in the rote concept of “win-win” negotiation because it often results in you leaving too much on the table. But I’m all in favor of helping the other side’s representative “win” while advancing our business interests in the deal.

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Mark F. Weiss

www.advisorylawgroup.com