Doc ownership takes legal hit. The dismissal of Little Rock Cardiology Clinic's antitrust case against Baptist Health could create roadblocks for physician groups, some suggest.

When a federal judge in Arkansas tossed out an antitrust complaint, hospitals nationwide got some legal guidance on fighting physician-owned specialty hospitals. The court "ultimately boiled down to a simple, logical conclusion: A hospital cannot monopolize a market in which it doesn't offer a product," says general counsel for the Federation of American Hospitals Jeffrey Micklos, left.

Securing your family's future: the value of estate planning.

BACKGROUND: The authors provide an overview of general estate planning considerations, including minimization of federal estate taxes, estate planning techniques to be used to meet specific goals, and guidelines to ensure a well-drafted and well-organized plan. They also stress the importance of planning for incapacity. CONCLUSIONS: A well-thought-out and sound estate plan protects assets, minimizes estate taxes, ensures appropriate distribution to designated beneficiaries and prepares family members and business partners. In developing an estate plan, dentists should seek professional advice from a qualified attorney and a certified financial planner. Practice Implications. A sound estate plan should address business continuation or disposition with respect to the dental practice.

Health care programs: fraud and abuse; revised OIG civil money penalties resulting from the Health Insurance Portability and Accountability Act of 1996--Office of Inspector General (OIG), HHS. Notice of proposed rulemaking.

This proposed rule would revise the OIG's civil money penalty (CMP) authorities, in conjunction with new and revised provisions set forth in the Health Insurance Portability and Accountability Act of 1996. Among other provisions, this proposed rulemaking would codify new CMPs for: Excluded individuals retaining ownership or control interest in an entity; upcoding and claims for medically unnecessary services; offering inducements to beneficiaries; and false certification of eligibility for home health services. This rule would also codify a number of technical and conforming changes consistent with the OIG's existing sanction authorities.

Physician ownership-referral arrangements in the United States.

Physician ownership-investment arrangements are increasingly being subjected to public and professional scrutiny. One view is that some of these arrangements may have distinct beneficial, legitimate effects, possibly including increased availability of health care services and state-of-the-art technology. A contrasting view is that such practices are unethical and may result in excessive utilization of services and concommitant increases in medical costs. Legislation has been proposed in the United States Congress which may severely curtail or prohibit various physician ownership-investment relationships. A serious need exists for the collecting of further quantitative data on this subject.

The proposed Stark II regulations. What physicians should know.

Although the proposed regulations do not yet have the force and effect of law and HCFA is still seeking input in a variety of substantive areas, the regulations as proposed reflect HCFA's current view of enforcement of Stark II. Although simply complying with the statutory language and the Stark I regulations may be enough to avoid scrutiny until the proposed regulations are promulgated in final form, this approach may set physicians and physician groups up for significant disruption in their relationships in the future, particularly when proposed regulations have called certain practices into question. Clearly, every relationship between a physician (and his or her physician group) and any entity that provides DHS should be reexamined in light of the proposed regulations. In addition, arrangements under negotiation should be structured with the proposed new requirements in mind.

Entity matters. Financial consequences of entity selection for the physician-owned practice.

When a physician-owned medical practice selects a legal structure, it also opts for a set of tax attributes that can have a significant impact on operations and financial decision-making. Whether forming a new practice, contemplating a merger or simply dealing with the tax and operational issues of their current situation, practice executives and physician owners need to understand the tax and financial implications of the different entities.

Physician relationships under Stark II: will anything change?

This article examines the differences between the pre-existing prohibition on home care certifications (the "certification regulations") and the Stark II requirements to determine whether Stark II will have any effect on home care agencies.

Managing risk in group practice.

As group practice confronts the threat of increasing competition, the prospect of health care reform, and the challenges of decreasing revenues and increasing costs, a reorientation in the management approach used by many groups must occur, writes Keith Korenchuk, J.D., M.P.H. Administrators must become proactive to manage the many risks confronting their groups.