Physician Practices and Non-Physician Practitioners

finance accounting concept. pen and calculator on table

This is the second in a six-part series on incentive design, deal structure, and how these issues surface in transactions and enforcement. Other relevant topics will be discussed in our upcoming presentation, Physician Owner Mindset, Compliance Guardrails: Growth Without the Gotchas, to be given at the American Alliance of Orthopaedic Executives on Tuesday, April 21.

Productivity-based compensation is common in physician organizations. It is also where many problems begin.

Start with the formula. Then focus on the carve-outs, the discretionary payments, and the year-end cleanups.

Earlier this month, Judge Rakoff of the Southern District of New York issued a first-of-its-kind ruling in United States v. Heppner. The case involved a criminal defendant, Heppner, who used a public generative AI platform (Claude) to “prepare reports that outlined his defense strategy (what he might argue with respect to the facts and the law that [his attorneys] anticipated that the government might be charging”). Although the defendant prepared the documents on his own, he later shared them with his attorneys. Heppner argued that these AI-generated documents should be protected by attorney-client privilege and the work product doctrine.

Electronic medical record with patient data and health care information in tablet. Doctor using digital smart device to read report online. Modern technology in hospital.

This post is part of our The Top 2025 Privacy and Security Issues Still Shaping Healthcare series, in which our team of attorneys provides essential strategies and insights for healthcare privacy and security.

The Health Insurance Portability and Accountability Act (HIPAA) has long been the cornerstone of patient privacy and data protection. Among its most patient-centric provisions is the Right of Access rule, which guarantees individuals timely access to their medical records. This right is not just a regulatory requirement—it’s a fundamental principle of patient empowerment, enabling individuals to make informed decisions about their health.

Colorado flag waving

Since the 2022 overhaul of Colorado’s restrictive covenant statute, C.R.S. § 8-2-113, the Colorado legislature has made ongoing amendments to the law which continue the trend of limiting the effectiveness of restrictive covenants in the state. Most recently, the 2025 General Assembly took aim at the provisions of the statute regarding restrictive covenants’ applicability to select healthcare providers as well as buyers and sellers of a business.

More than half of the nations’ physicians now work as salaried employees. The remainder of physicians, who are primarily in large independent groups, are contemplating their next move.

In a recent webinar presented by Weaver, “Before Buying or Selling Your Physician Practice, Listen to This,” we provide insightful commentary about what is happening in the marketplace, along with transaction considerations.

The increase in physician practice mergers and acquisitions across most specialties is projected to continue for the foreseeable future. Healthcare attorneys Joe Geraci and Kate Bechen present alongside Brian Teefey, CPA and Corey Palasota of Weaver on a webinar addressing a multitude of transaction considerations including strategic, legal and financial. Register today: https://lnkd.in/emMy_xp

Join Husch Blackwell Partner Bruce Arnold and Anthony Long of Pinnacle Healthcare Consulting for a live 90-minute CLE webinar presented by Strafford on Wednesday, March 31 from 1:00 – 2:30 pm EDT. This CLE webinar will guide healthcare counsel through the new changes under the new Physician Fee Schedule (PFS) and the impact on physician…

Capitol American Flag

On Thursday, January 14, 2021, President Biden’s administration announced its proposed $1.9 trillion COVID-19 stimulus relief plan: “The American Rescue Plan” (“Plan”). The Plan contains wide-ranging support for those affected by the pandemic. Notably, the Plan proposes to require all employers of any size to provide paid leave and to significantly extend the required paid…

Colorado flag waving

Colorado’s Equal Pay for Equal Work Act (EPEWA) goes into effect January 1, 2021, and the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment adopted final regulations on November 10, 2020, regarding equal pay transparency. Since our last update, on December 18, 2020, the Division issued its Interpretive Notice and Formal Opinion #9 (INFO #9) in yet another effort to provide clarity around the job posting and pay transparency provisions of EPEWA. These provisions have generated the most questions from human resource and internal legal teams. Below we have revised and updated our earlier FAQs to provide the most up-to-date guidance in a single resource.

Team of healthcare workers

Widespread COVID-19 vaccination is considered critical for many employers to return employees to work safely and resume normal business operations in the future. As such, many employers have been asking whether they can require, incentivize or encourage employees to get vaccinated, and what liabilities they may face if they choose any of these options.