Jun 14 2018

Laid Off Docs: You’re Heavy And You’re Not My Brother – Podcast

Corporations exist to make a profit. There’s nothing wrong with that. It’s a fact of life.

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Mark F. Weiss

www.advisorylawgroup.com 

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Jun 13 2018

More Bites From the Flea that Metaphorically Killed the Health Center CEO – Medical Group Minute

In my previous video, What You Need To Know About The Flea That (Metaphorically) Killed The Medical Center CEO, I discussed the fact that, as in a guerrilla war, change within an organization, as well as within a domain in which the organization interacts, can occur as a result of agitation by a vocal minority.

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Mark F. Weiss

www.advisorylawgroup.com

Jun 12 2018

Repurposing A Failing or Closed Hospital – Success In Motion Series

Ride along with Mark as he discusses converting a closed or failing hospital into a surgery center or other outpatient facility.

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Mark F. Weiss

www.advisorylawgroup.com

Jun 11 2018

Clueless and Dangerous: “Your Medical Records Are Safe Because They’re Entered Into Our System”

It’s 2:45. Do you know where your medical records are?

A week or so ago, I filled in endless new-patient paperwork. When I handed the clipboard and forms back, I noticed that other patients’ forms were spread across the counter, easy for anyone to read.

I asked about their process to assure the safety of my information. The response: “Don’t worry. In about 5 minutes it will be entered into our system so that it will be safe.”

I didn’t feel like arguing, or even pointing out the stupidity of that response. Entering data into a system has very little, in fact, nothing, to do with protecting it.

Take recent announcement of the “safety” of PHI at Holland Eye Surgery and Laser Center. Located in Holland, MI, the center discovered that a hacker began accessing their electronic records in 2016 and that over time, more than 42,000 patients’ PHI was exposed.

How did Holland Eye ferret out the the breach?

On its own? No.

By using a red team including cyber security experts? No.

It was the hacker who contacted the clinic to announce the breach. But the question of when that contact occurred is an even better part of the story.

The hacker, called, with obvious dark humor, “Lifelock,” says it was on more than 30 occasions over a two year period, during which time he sold patient information on the dark web, apparently to put pressure on Holland Eye to pay a $10,000 “security fee” to help secure its patients’ data.

The practice says it was on March 19, 2018. They gave notice to the U.S. Dept. of Health & Human Services’ Office of Civil Rights on May 18, 2018.

Considering that the law requires notification of a breach within 60 days, I wonder who’s telling the truth?

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Mark F. Weiss

www.advisorylawgroup.com

Jun 07 2018

Incentives And Compensation Plans For Medical Groups And Healthcare Businesses – Podcast

Sure, compensation plans are about money, but they’re certainly not only about money.

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Mark F. Weiss

www.advisorylawgroup.com

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Jun 06 2018

What You Need To Know About The Flea That Metaphorically Killed The Medical Center CEO – Medical Group Minute

Many say that the world is a tough place. Maybe it is, because it’s not just dog-eat-dog. It’s flea-kills-dog as well.

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Mark F. Weiss

www.advisorylawgroup.com

Jun 05 2018

Starbucks And the Creation Of Problems Via Solutions – Success In Motion

Join Mark in a discussion of the lesson learned from Starbuck’s “solution” to its customer service problems, a solution that created bigger problems. Learn how can you avoid the same fate.

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Mark F. Weiss

www.advisorylawgroup.com

Jun 04 2018

Direct Contracting – Part 2: Clear Your Mind of The Lies That Bind (Your Thinking)

This post is the second in a series on direct contracting by physicians and medical groups. See Direct Contracting By Physicians and Medical Groups for the first post in the series.

Before we get too deep into the subject, let’s ask an epistemological question: If you saw one dead raccoon, does that mean that all raccoons are dead?

Yet many have pronounced that the failure of a few early entrants into direct contracting signals the death of all direct contracting. Just as with one dead raccoon, that reasoning misses the mark; it’s a lie.

In this short post, I want to get across a basic understanding of what I mean by direct contracting and the opportunities that it presents.

The concept of direct contracting can be applied in many ways.

For example, it certainly being applied in a direct to patient model, primarily in primary care. You can view that model as somewhat akin to concierge medicine in which patients are charged a fixed amount per month and receive a standard, prix fixe menu of services and, usually, an à la carte menu of add-on services at published, fixed prices.

That model can be morphed one step removed by having the contract between the medical group and an employer for the benefit of the employer’s employees.

But there’s no stopping there.

The notion of “direct” is that there’s no intermediary entity in the chain of payment. The “premium,” if you will, is paid directly from its original source to the contracting medical group. Compare that with a traditional employer provided insurance policy: there’s at least one intermediary in the arrangement chain, the insurer. More often than not, there are 2 or 3 or more intermediaries, each taking their cut.

Of course, there’s no legal, as in mandatory, definition of “direct.”

The bottom line is that “direct” is more of a mindset — it’s the dematerialization of the payment intermediaries in connection with your design of a payment/delivery structure.

For example, an orthopedic group in a location with a large, self-insured employer might enter into a contract with the company for non-workers compensation orthopedic care (either physician side only or, if the group controls an ASC, facility side outpatient procedures). How the financial terms are structured (e.g., a negotiated price per item or episode of care, a reduced fee for service, what quality metrics apply, and so on) is open to negotiation.

And, for example, in another context, direct contracting can be used as a strategy to deflect the negotiating pressure of payors, especially down-stream middlemen such as IPAs and risk bearing medical groups.

Stay tuned. Over the next several months, we’ll continue to discuss elements of direct contracting, including compliance, potential licensing issues, deal structure, and other elements.

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Mark F. Weiss

www.advisorylawgroup.com

May 31 2018

Why You Must Prepare For Negotiations Like Babe Ruth – Podcast

How many times and for how long do you think a Broadway actor prepares for his first performance, or even for subsequent performances?

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Mark F. Weiss

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May 30 2018

Complain. Get Fired. Get $17.5 Million. – Medical Group Minute

A physician raises honest criticism or files a heartfelt complaint concerning another member of the medical staff or another member of her group. She’s fired.

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Mark F. Weiss

www.advisorylawgroup.com