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Entries by Brad Reay

Indiana Adds New Restrictions on Physician Noncompete Agreements

Posted 3:15 PM by
Indiana recently enacted legislation that will create new restrictions on physician noncompete agreements. Indiana Code 25-22.5-5.5 will affect physician noncompete agreements originally entered into on or after July 1, 2020. Under the terms of the new legislation, a physician noncompete agreement must include and satisfy certain provisions in order to be enforceable.
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How to Compensate Physicians in a Healthcare Crisis

Posted 4:10 PM by
When the Secretary of the Department of Health and Human Services issued blanket waivers of Section 1877 of the Social Security Act (also known as the physician self-referral or Stark Law), it relaxed fair market value (FMV) payment requirements in regard to provider compensation for “COVID-19 purposes.” Even if provider services and the related payments are thought to be compliant with the waivers, organizations should still maintain a sound structure and rationale for determining physician payment levels, and they should also develop a reliable process for administering the payments. One of the biggest concerns hospitals have is how to appropriately compensate their employed providers in light of the COVID-19 pandemic, whether they are providing additional services, being re-allocated to another department, or experiencing a large decline in production due to elective surgery restrictions. Here are a few recommended steps to take for each situation.
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7 Best Practices for Addressing Physician Compensation During a Crisis

Posted 12:40 PM by
The healthcare community saw the first warning signs of a pandemic that has upended the nation. As some providers race to the front lines to care for those most in need, others have been left with declining patient volume and dwindling cash flow.
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