Take A Minute (Clinic) to Consider the Future of Your Medical Practice – Medical Group Minute

Many physicians bemoan the fact that we have retail, corporate run walk in clinics, such as the Minute Clinics run by CVS, staffed with nurse practitioners and PAs.

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Mark F. Weiss

www.advisorylawgroup.com

 

Creating New Healthcare Ventures Without Outside Capital – Success In Motion

Ride along with Mark as he discusses how to think differently about healthcare venture formation. Stop thinking first about outside capital. This is healthcare collaboration in its true form.

 

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Mark F. Weiss

www.advisorylawgroup.com

 

How Many Felonies Have You Committed Today? – Podcast

How many compliance related crimes have you or your colleagues or employees committed today, whether purposefully or, completely inadvertently?

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Mark F. Weiss

www.advisorylawgroup.com

Record Bust: 601 Defendants, Including 165 Doctors, Nurses and Other Licensees Charged With Over $2 Billion in Fraud – Medical Group Minute

On Thursday, June 28th, the DOJ and HHS announced the largest ever health care fraud enforcement action. It resulted in charges against 601 defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals,  for their alleged participation in health care fraud schemes involving more than $2 billion in false billings.

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Mark F. Weiss

www.advisorylawgroup.com

Walmart Explores New Healthcare Delivery Concept – Success In Motion

Take a seat and listen in as Mark discusses Walmart’s latest foray into healthcare via it’s Walmart Town Center concept.

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Mark F. Weiss

www.advisorylawgroup.com

Breaking News: Former Tenet Hospital Executives Facing Criminal Trial for Kickbacks

As you may recall, back in April, 2018, in my post What’s The Downside Risk for Hospital Executives?, I wrote about the fact that Trevor Fetter, the former CEO of Tenet Healthcare, had no skin in the game: his strategy put the company into a nosedive. It lost hundreds of millions. But upon being pushed out, Fetter walked away with a $22.9 million severance package. I described it as Win if you win. Win if you lose.

But it appears as if mortals (those folks serving lower in the Tenet food chain) can have some serious skin in the game.

John Holland and William Moore, both former Tenet Healthcare hospital CEOs, are facing trial in a criminal case that alleges that they personally violated the federal Anti-Kickback Statute.

The case against Holland and Moore relates to criminal charges and an accompanying civil case brought years ago against Tenet itself. In that earlier case, Tenet settled, agreeing to pay $513 million to resolve both the civil and criminal allegations.

The issues underlying the Tenet corporate settlement arose from arrangements between Tenet hospitals (Holland and Moore were the facility CEOs) and a chain of clinics called Clinica de la Mama. The chain had contracts to provide translators, marketing and other services at Tenet hospitals.

However, prosecutors allege that the payments to Clinica de la Mama were, at least in part, to induce it to refer patients to the Tenet hospitals for births covered under Medicaid.

From press reports, it doesn’t appear as if either Holland or Moore personally benefited, at least in terms of cash, from any of the alleged happenings. However, that, in and of itself, is not dispositive.

The defendants also appear to be arguing that because the government was going to have to pay for the labor and delivery services anyway, whether at the Tenet hospitals or someplace else, the government suffered no loss. That, too, doesn’t seem to be a great argument. Setting aside fake cases, it could be argued that any case that is steered by reason of an alleged kickback caused no damage to the government because the case was going to be performed somewhere. But that’s not what underlies the AKS.

Instead, the AKS is aimed at making sure that referrals are made in the best interests of patients, not profits.

Of course, the facts underlying the particular prosecution of Holland and Moore are complex. Were the payments to Clinca de la Mama fair market value for what Tenet received in return? Or was some potion for the referral of patients? Or, due to the “one purpose rule,” were the payments indeed fair market value and no more for what was received in services in return, but also motivated by a purpose to receive referrals?

Holland and Moore certainly have skin in the game.

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Mark F. Weiss

www.advisorylawgroup.com

CMS Cuts Payments to Hospital Outpatient Clinics By 40% and Boosts Independent Physician Practice and Physician-Owned Facilities – Podcast

In one fell swoop, CMS pulled the rug out from under hospital control of physician practice, rendering many, if not almost all, hospital outpatient clinics unprofitable.

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Mark F. Weiss

www.advisorylawgroup.com

Hospital-Physician Owned ASC Sues Freedom Loving Physician Entrepreneurs for Competing – Medical Group Minute

The flashpoint is the defendants’ development of a competing ASC, Riverview Surgical Center. That’s the straightforward news. But, what’s really going on? And why should you, probably not a surgeon in Sioux City, care? Keep listening. It will become clear, really clear.

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Mark F. Weiss

www.advisorylawgroup.com

 

The Failure of Public Education and the Hospital System Near You – Success In Motion

Ride along with Mark has he discusses the factory-like history of public education and its overlay with the factory-like hospital system model.

 

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Mark F. Weiss

www.advisorylawgroup.com

News Flash: Physician Dissatisfaction Highest Among Those Employed by Hospitals and Investor-Owned Entities

Last week (November 20, 2018), I mentioned the increase in the physician dissatisfaction index, which now tops out at 3.95 out of a possible 5. See my Success in Motion video, Physician Misery Index Jumps Up Due To Dissatisfaction.

The survey, conducted annually by the data technology firm Geneia, found that 87% of surveyed physicians say that it’s increasingly harder to spend time in an honest, engaged patient encounter, and that they’re personally at risk of burnout.

Drilling down into the data reveals some particularly interesting details that appear to counter the sales pitch used by hospitals and by corporate/investor-owned healthcare vehicles alike when courting practice acquisitions: “You just practice medicine and we’ll do everything else. After all, you didn’t go into medicine to run a business.”

Close to all (91%) of hospital or corporate employed physicians responding to the survey reported diminished joy in their jobs due to increased demand for data reporting. That level of dissatisfaction far outpaces that of physicians working independently or with true physician-owned practices.

Practice sales make sense some of the time for some physicians. The rest of the time, they don’t.

It’s important that you vet any combination for far more than sales price unless you’re taking the money and running.

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Mark F. Weiss

www.advisorylawgroup.com