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HEALTH LAW

Corporate Compliance with Health Care Laws

The Firm assists practices in developing Corporate Compliance programs to aid health care providers in avoiding the submission of erroneous claims or engaging in fraud or abuse in Federal Health Care Programs. Using the recommendations of the Office of Inspector General we develop programs for our clients which include the following components:

• Conducting internal monitoring and auditing;
• Implementing compliance and practice standards;
• Designating a compliance officer or contact;
• Conducting appropriate training and education;
• Responding appropriately to detected offenses and developing corrective action;
• Developing open lines of communication;
• Enforcing disciplinary standards through well-publicized guidelines.

The Firm recognizes the financial and staffing constraints that small practices face and as such develops a Corporate Compliance Program which is cost effective and is specifically suited to the particular needs and budget of the practice.

Medical Staff Privileges

The Firm has represented multiple physicians in medical staff matters, including disciplinary or corrective action proceedings and disputes regarding the granting, denial, suspension, revocation, or limitation of medical staff membership and clinical privileges.

Licensure

The Firm represents health care professionals before their licensing board, including the North Carolina Medical Board, the North Carolina Board of Nursing, the North Carolina Psychology Board and the North Carolina Board of Dental Examiners.

Regulatory Changes

The Firm reviews and makes every attempt to stay abreast of regulatory changes which may impact your practice. The Firm regularly notifies its practices, at no cost, of issues, regulatory changes and changes in advisory opinions of the North Carolina Medical Board.

Health Insurance Portability and Accountability Act (HIPAA)

The Firm drafts and implements HIPAA policies and procedures for its practices and the Firm Attorneys are always available to answer questions related to privacy or security concerns. We also provide the required HIPAA training for your staff. As changes occur in the rules or the manner in which they are implemented, the Firm keeps its health care professionals advised.

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CORPORATE AND BUSINESS LAW

The Firm offers a variety of services in the area of corporate law. Services we provide corporate clients, include but are not limited to:

• Forming and dissolving professional practices and business corporations or limited liability companies of all types
• Conducting annual meetings and special meetings as the need arises
• Selling and purchasing professional practices or other small businesses
• Merging or separating professional practices or other small businesses
• Reviewing and drafting partnership agreements
• Reviewing and drafting stock purchase agreements
• Reviewing and drafting employment contracts and
• Reviewing and drafting lease agreements

 

Business Disputes

Despite efforts made at the formation of a business, professional practice or partnership, disputes do arise between the owners of such entities. The Firm will work with a business to negotiate the withdrawal of a dissenting shareholder, member or partner.

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LABOR AND EMPLOYMENT LAW

Human Resources

The Firm offers a variety of services in the area of Human Resources and Employment Law. Your staff is often the first line of contact with your patients, customers or clients. While the technical expertise of your staff is critical, it is also important that your staff have good communication skills. The Firm will work with you to manage employment issues as they arise in your office. We provide the following services in the area of employment law:

• Drafting and implementing employment policies and procedures
• Drafting job descriptions
• Sexual harassment training
• Attending unemployment hearings
• Investigating claims of discrimination
• Defending employment discrimination claims, and
• Drafting and enforcing covenants not to compete

Risk Management

The Firm assists its business entities in risk management endeavors including evaluation of office policies and procedures, including OSHA compliance, work place violence, and workers’ compensation issues. The Firm also regularly reviews, drafts, and implements informed consent policies for its medical practices.

Collections

The Firm’s collection administrator is experienced and well-trained in debt collections. She is cognizant of the laws governing the collection of debts, including state and federal Unfair Debt Collection Practice Acts. While the Firm makes every effort to collect without resorting to legal action, our attorneys are well-qualified to pursue debtors through the court system.

Administrative proceedings

The Firm has experience in appealing denials of tenure as well as appealing a variety of issues to the appropriate regulatory agency.

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CIVIL LITIGATION

All of the attorneys in the Firm are licensed to practice in all of the courts of the State of North Carolina. In addition, our attorneys have also been admitted to practice in the federal District Courts for the Eastern, Middle and Western Districts of North Carolina. The Firm has experience in the following areas:

• Litigating business and/or contract disputes
• Litigating covenants not to compete
• Employment discrimination
• Nursing home malpractice defense
• Litigating disability claims

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ESTATE PLANNING

The Firm assists clients, who have estates worth less than $1 million dollars, in planning for the transfer of assets at death and/or during lifetime to persons or charities of the client’s desire. The Firm assists our clients in determining the client’s goals and concerns, formulating a plan to accomplish those goals and meet those concerns, drafting necessary documents, and ensuring that the client’s assets are properly titled and beneficiaries appropriately designated so that the goals of the estate plan are accomplished.

Generally, our estate plans consist of a will, a health care power of attorney, a durable power of attorney and a living will (i.e. declaration of a desire for a natural death).

The Firm also drafts trust agreements (inter vivos and testamentary) for our clients. A trust is a fiduciary relationship between the fiduciary (“trustee”) and the property being held by the trustee for the benefit of another (i.e. “beneficiary”). While there are several types of trusts recognized in North Carolina, our Firm primarily focuses on express trusts (i.e. trusts created by contract).

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