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The LaMaster Law Firm Blog

Monday, August 31, 2015

Do you have a Death or Disability Clause in your Office Lease?


This past week I negotiated a lease on behalf of an ophthalmologist and I wanted to share an essential but often overlooked lease provision, “Termination upon Death or Disability.”  If a closely-held company is entering into a lease, the company needs to consider whether it can continue to operate if a critical owner or employee dies or becomes disabled and cannot work.  Examples include physicians, dentists, veterinarians, attorneys, architects, chiropractors and other types of unique personal services where another person cannot easily step in and run the company.  The company must have the ability to terminate the lease if it loses its critical person.

Without protective language in the lease, the company will remain bound to the lease despite the absence of the critical person.
Read more . . .


Thursday, July 2, 2015

Beware of the "Bundled" Loan and Mortgage If You're Buying a Practice


Here's some information for those dentists who are looking to finance their practice acquisition. 

Background:

I was recently working with a dentist that was purchasing a practice and the accompanying real estate.  The practice was in a medical condominium complex with other dental and medical providers.  Originally, I was just asked to help the client clear up and obtain declination's of first rights of refusal that the other co-owners of the condominium association were given in the original condominium documents.  After that, my client asked me to review and help with the financing and closing of the real estate.
Read more . . .


Thursday, May 21, 2015

Working Interviews: To Pay or Not to Pay?


I’ve heard the term “working interview” used often with dental and veterinarian practices.  A “working interview” is when the practice/employer wants to observe the clinical or clerical skills of job applicants (dentists, dental hygienists, veterinarians, assistants) or their clerical staff (front office and billing staff) by actually seeing the applicant perform essential job duties before they hire the applicant as an employee. 

The question is often raised, “do I need to pay wages for working interviews?”

The answer….it depends.  I know, that’s the typical lawyer answer.
Read more . . .


Thursday, May 14, 2015

What Is HIPAA – A Brief History Lesson


Are you like a lot of other practices that are trying to figure out what HIPAA really is and how to be compliant? Or, are you just looking to avoid fines for non-compliance?

If you answered yes to one of those questions, you definitely want to continue reading.

What is HIPAA?

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted to address several major healthcare issues, including:

  • Health insurers denying new applicants because of pre-existing conditions and medical histories. This made it difficult for those people that wanted to change jobs and maintain health insurance.
  • Each insurance company used to maintain its own list of treatment billing codes, making it confusing for providers and resulting in denials and payment delays. Could you imagine if each insurance company all had different codes for the exact same procedure?
  • Providers and payers had control of medical records, and patients had no protection against the unauthorized release of their personal information.
    Read more . . .


Sunday, May 3, 2015

Importance of Dental Graduates’ Associate Agreement


Graduating dental school is a great accomplishment.  With graduation comes excitement, new beginnings, and potential for making money.  Yet, it also comes with some anxiety, large student loans, and often starting out working for someone else.  Those are things that new graduates tell me they’re thinking as graduation approaches. 

If one of the things on your mind is working for another doctor when you graduate, of great importance for you will be your Associate Agreement.
Read more . . .


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