discussing New York Attorney General Targeting Home Care Agencies

Tuesday, August 21, 2007

New York Attorney General Targeting Home Care Agencies

New York Attorney General Andrew Cuomo has issued subpoenas to more than 50 home care agencies as part of his investigation into fraud and abuse in the health care industry.

This news has been splashed on the pages of the major newspapers in New York City and Long Island today, from the New York Post to the New York Times.

The agencies targeted in this investigation will now have to deal with the considerable headache of producing documents to the Attorney General and figuring out as best they can, with the advice of their counsel, if they face any potential legal liability.

But the news also serves as a warning to other healthcare providers. If you bill Medicaid, Medicare and/or are subject to regulation by the New York State Department of Health or other regulatory agency, government authorities, including the New York Attorney General, are increasing scrutinizing your operations to make sure you are complying with the myriad of state and federal statutes and regulations that apply to you.

If you have any questions on whether your entity is in compliance with the pertinent statutes and regulations, please feel free to contact us.

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discussing Non-Compete Clauses (Restrictive Covenants) in Physician Employment Agreements

Thursday, August 2, 2007

Non-Compete Clauses (Restrictive Covenants) in Physician Employment Agreements

Arguably, one of the most important clauses in any physician employment agreement is the non-compete clause, which is also known as a "restrictive covenant." These clauses can have significant ramifications for the doctor long after the employment has ended. Non-compete clauses bar the doctor from practising his profession within the region of his old employer for a certain period of time.

Before signing an employment contract, physicians should closely scrutinize the employment agreement, including the non-compete clause. Some physicians assume that most restrictive covenants are not enforceable. Others figure the physician employment agreement is never negotiable. Unfortunately, both conclusions are incorrect. Non-compete clauses are often--though, not always--enforced by the courts. And, doctors who simply sign an employment agreement without obtaining the advice of a healthcare lawyer do so at their own peril.

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