Page 10 - Janaury 2018

2018... A LOOK AHEAD...2018... A LOOK AHEAD...2018... A LOOK AHEAD...

Do Not Forget to Review These Items in the New Year

With the holidays licenses and permits are not ing the ownership of medical records, the Business’ Federal Tax Status
behind us, the world timely renewed, the business practice’s ability to impose a restrictive The Senate and the House of
should become a more will be harmed with little covenant, or include/fail to adequately Representatives passed their own versions
orderly place. In fact, that opportunity or relief, espe- address certain committees that have been of legislation that will impact both feder-
frequently is not the case. cially inexpensive relief. overlooked, such as a quality assurance or al business and personal income tax lia-
In addition to remember- compliance committee. bility. It appears that both versions
ing to use 2018 as the Business Organization include provisions that may adversely
correct year for checks, Typically, a healthcare busi- Employment/Retention and impact many “small” service businesses,
etc., every new year ness is organized as a profes- Key Vendor Agreements such as medical practices, that have
seems to be the point in sional corporation, limited A healthcare business may regularly enjoyed favorable treatment under the
time to start new diets, liability company, or partner- retain staff members who are either Internal Revenue Code. As a conse-
new exercise plans, and ship in order to take advan- employees or independent contractors. quence, once the legislation is enacted
other well-intentioned tage of certain federal tax The business also may retain billing serv- into law every healthcare business
resolutions. The start of BY STEPHEN H. SIEGEL, benefits available to these ices, software vendors and other third par- should review the impact of the new pro-
the year is also an excel- ESQ. entities. In any case, it is pru- ties for specific purposes. All of these visions on it and its owners.
lent time for medical dent to review the businesses’ agreements should be reviewed on a regu- It is not possible to identify, much less
practices and other articles of lar basis – but no less frequently than eliminate, all of the risks a healthcare
healthcare businesses to either review or incorporation/organization, operating annually. Parties often forget when their business will face in 2018. What is
make plans to review a number of impor- agreement/bylaws, etc., at least annually in employment or independent contractor important is to recognize the risks that
tant matters. Here are a few of the issues order to ensure that they accurately reflect agreements expire. For a number of appear to be most likely and take steps to
that merit review, either early in the year both what the owners want and what the healthcare regulatory and tax reasons it is reduce the likelihood of having them
or at a later pre-determined time. business is doing. important that all of these agreements are adversely impact the business. Working
Example 1: When it was originally regularly reviewed and updated. with professionals with experience in the
Licensure and Certification formed, a medical practice’s operating For example, you must ensure that each relevant laws, accounting practices,
Even if the time for renewing profes- agreement/bylaws or articles of incorpora- compensation formula complies with the billing and collection practices, etc., is
sional or business licenses, permits, or cer- tion/organization may have stated that the federal and Florida illegal remuneration/ the most prudent way to address, evalu-
tifications is not early in the year, now is business of the practice is to provide med- kickback/fee-splitting restrictions and ate, and reduce these risks.
the time to add these items to your calen- ical services. Such a statement is both these jurisdictions’ physician self-referral
dar to be done at a later date. DO NOT rely legally and factually incorrect, may expose restrictions.
on receiving and timely acting once the the practice to unintended exposure in a You also need to determine whether the Stephen H. Siegel, Esq., Of Counsel,
notice for renewal is received from the medical malpractice case and should be agreement includes provisions protecting Broad and Cassel, LLP, can be reached at
Board of Medicine, Secretary of State, or amended. the practice’s referral sources, other trade siegel@broadandcassel.com or
another licensing or accrediting organiza- Example 2: These documents may not secrets, and intellectual property that (305) 373-9424.
tion, like the Medicare program. If those reflect the current state of the law concern-
reflect the current state of the law.

Cover Story: HFMA Partners with SFHN in 2018

Continued from page 1
members include individuals from hospitals, physician practices, and everything in Prorated Membership Fee (January – May 2018) All others: $185 (5 months)
between. Our business partner (vendor) members represent companies that provide Regular Annual Membership Fee (January 2018 – May 2019) Physician Groups:
solutions, technology and services to all of our provider members. We host three $155 (17 months)
statewide conferences each year, along with numerous regional events across the Regular Annual Membership Fee (January 2018 – May 2019) for all others: $520
state. (17 months)
Benefits of being a member: Note: Sign-up in January through May 2019 for only $450 - new HFMA Members only
• Stay informed on the latest updates and trends. (17 months)
• Gain insight into leadership challenges, healthcare cost containment, revenue Here is the link to join: http://www.hfma.org/apply
cycle management best practices, and financial planning. We have two exciting meetings planned during the next 6 months. The first is our
• Get access to HFMA’s webinars. HFMA Region 5 Dixie Conference in Tampa, FL, February 25-28, 2018. Info here:
• Monitor comment letters on proposed regulations and obtain concise summaries http://hfmadixie.org/2018. We are anticipating over 600 attendees from five states
of final regulations. including FL, AL, GA, TN, and SC. Next is our Spring Conference and Annual
• Network and connect through National and Chapter volunteer opportunities and Meeting in St. Petersburg, FL, May 20-23, 2018.
meetings. I hope you will take this opportunity to join the HFMA and see for yourself what
• Leverage industry expertise, resources, and best practices to affect industry trans- you have been missing.
formation. If you have any questions, please feel free to call or e-mail me.
• Find answers, tools, and tips by topic using HFMA’s digital Knowledge Center Mike Bickers
and website. President, FL HFMA 2017-2018
• Support career development and advancement through education and certifica- E-Mail: florida.hfma@gmail.com
tions. Phone: 404-915-3245
Membership Fees are as follows: Florida HFMA Website: www.floridahfma.org
Prorated Membership Fee (January – May 2018) Physician Group personnel: $50 National HFMA Website: www.hfma.org
(5 months)

Coming next month in South Florida Hospital News and Healthcare Report...

• Annual Salute to Cardiology
• Cardiology/Heart Health Month/Profiles
• Education Update – Evolving Opportunities in Healthcare
• The Prospect of Malpractice Reform
• Malpractice Products & Challenges
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10 January 2018 southfloridahospitalnews.com South Florida Hospital News