Don’t Shoot The Messenger! Reduce False Claims Act Liability – Success In Motion

Ride along with Mark as he discusses why medical groups shoot themselves in the compliance foot by shooting the messenger – the bearer of “compliance” bad news.

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Mark F. Weiss

Rainbows, Unicorns, And Fraudulent ASC Deals

ASCs can be great investments for physicians. Oh, as long as they are real.

But if all they are are rainbows, unicorns, and clear blue sky, then you’d better stay away.

The problem, of course, is telling the difference.

Some seem to have a hard time doing so.

Late last month, three members of a family, the promoters of a fake surgery center scheme, pleaded guilty for their roles in defrauding investors.

But wait, the story gets better. The three initially settled a civil suit brought by the New Jersey Bureau of Securities that they defrauded 26 investors in an ASC scam. How much money they took is unclear, but the facility itself was never built. The trio agreed to pay $5.5 million to settle, $4 million of which was in investor restitution.

No sooner than the ink dried on the settlement, the family then conned 15 of the same investors out of $3 million in a second scam!

This time, the scamsters were charged criminally and, eventually, pleaded guilty. Two are facing years behind bars and one is to receive probation.

One thing’s for sure, their ASC has a 0% infection rate. Or, maybe it’s 100%. I guess it all depends on what exactly we’re measuring.

Simply warning you to do due diligence in connection with any ASC investment seems trite, but this case, which is humorous only because neither you nor I was one of the conned investors, illustrates why it’s not.

You might say it’s anecdotal, but in my practice I’ve seen multiple forms of ASC scams, from fake surgeries and fake patients, to patients who had surgery but didn’t require it, to surgery center promoters who, as did the defendants in the above scam, used surgery center proceeds to pay for items for their personal use.

The bottom line for you, as an ASC investor, is to carefully investigate the deal, and its promoters, on the way in, and on a periodic basis after the investment is made.

If you don’t, then don’t be surprised that some of the investment is sitting in the promoter’s garage. It’s that red Ferrari F430 Spider parked next to the blue Bentley Continental GTC Speed.

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Mark F. Weiss

Don’t Incentivize for What You Shouldn’t Get – Podcast

What are you incentivizing your employees or independent contractors to do? And what if those incentives are driving them to not do other things that are far more essential for your business? What if those incentives are driving them to do things that are clearly detrimental to your business?

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Mark F. Weiss

Creating Interlocking Physician-Owned Ventures – Medical Group Minute

Hospitals purchased physician practices, employed and otherwise aligned physicians, and pushed into outpatient care.

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Mark F. Weiss

Confidentiality Provisions and Attacking RFPs – Success in Motion

Ride along with Mark as he discusses a little-known reason to have a strongly worded confidentiality provision in any contract between a hospital and a medical group. This is important for hospital-based physician groups with exclusive contracts, as well as for office-based practices with hospital contracts.

Mark F. Weiss

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From Cross Fit to Crossing Over From Pure Medical Practice To Lifestyle Business

Many people tend to think within professional silos. Barbers cut hair. Farmers farm. And, doctors practice medicine.


I read a Wall Street Journal article about a company in the gym business that’s expanding beyond the gym business into – yep, you got it – healthcare.

It’s just another one of those ventures. There’s a huge crossover between lifestyle and healthcare, between beauty and healthcare.

It’s the same trend expanded from what may have begun in the realm of the “medi-spa”, which was not the invention of physicians, such as plastic surgeons or dermatologists, expanding into a wider range of beauty, but was really unlicensed folks often making compliance mistakes, licensing mistakes, and corporate practice of medicine mistakes when they expanded into what was really medical practice.

But one of the beauties about starting from the perspective of a physician or of a medical group is that the ability to expand beyond a traditional medical practice into a lifestyle practice is far more open to you because of your license.

The “medical beauty” and “lifestyle health” fields are going to continue to exist, and they’re going to expand, whether they’re controlled by gym owners, aestheticians, chiropractors, or by physicians.

Over the past few decades, physicians gave up much of the control of traditional medicine and it’s resulted in a hospital-centric “healthcare” system. How’s that working out for you?

Now that technology is removing much of the need for hospitals – the theme of The Impending Death of Hospitals – physicians can gain back much of the lost autonomy. We usually see that in the context of physician-owned ASCs and other outpatient ventures and in physician-led clinically-integrated and financially-integrated ventures.

But at the same time, there are opportunities to push the envelope even further into broader notions of healthcare and lifestyle, whether alone or in collaboration with professionals from other disciplines, some of which traditionally have nothing or very little to do with what you consider “healthcare. ”

There’s a world of opportunity if you’re willing to think beyond the simple bounds of what medical practice is.

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Mark F. Weiss

Escape The Prison of Cost Based Thinking – Podcast

If your mindset is that spending money on your future is a cost, you don’t have a future.

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Mark F. Weiss

Community Hospitals Must Change Or Die. Change Presents Opportunity for Entrepreneurial Physicians – Medical Group Minute

Creative destruction is taking aim directly at community hospitals. You can fight to save them. But if they’ve failed, you can, á la Shumpeter (and Weiss), take part in creating, phoenix-like, far more appropriate healthcare solutions for your community and for your profit.

Mark F. Weiss

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Synthesizing Large-Scale Medical Practice With Bespoke Customization – Success In Motion

Ride along with Mark as he discusses the parallels between the Industrial Revolution, the bespoke customization of bike frames, and modern medical practice: more patients and a transformational experience.

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Mark F. Weiss

You Have A Spy In Your Medical Practice


What image just flashed through you mind?

James Bond? George Smiley? Aldrich Ames?

No, not them, but, rather, the one that you undoubtedly have within your organization.

Today, there are criminal cases in which a defendant’s Amazon Alexa has been subpoenaed to allow prosecutors to tap into its memory of what was said at the scene of the crime. There are civil cases in which the onboard computer inside a car has been, in essence “questioned,” in order to get information about the speed of the car at the time of an accident.

Right now, in your medical practice or healthcare facility there are undoubtedly computers and also other devices that have memory which may be able to be tapped for information. Not, perhaps, realtime, but at least tapped into later to discover information about your practice.

Some of these devices are as innocuous as the multipurpose copier sitting on a desk, but others are medical devices of many sorts – especially as those devices become “smarter,” more equipped with extra memory designed to communicate with electronic health records.

Think about what information is on those machines. Consider how you have to protect them, not only for HIPAA purposes, but for what information they could reveal about your practice and your business operations.

Think about to whom they may soon be talking.

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Mark F. Weiss