Kaufman and Canoles

Physician Representation

Physician Representation

The Physician Representation Team reaches across legal specialties – health care regulation, malpractice defense and counseling, licensure and disciplinary proceedings, business formation and dissolution, employment and non-competition issues, mergers, disengagements, and tax and estate planning – to provide immediate access to attorneys with decades of experience in advising medical professionals and practices.

Who We Are

Medical Professionals in the 21st Century face both unique challenges and unique opportunities. To help you address the challenges and take advantage of the opportunities, Kaufman & Canoles has created a business group dedicated to the issues confronted by medical professional-owned practices and individual doctors, dentists, and other medical professionals in private practice. The Physician Representation Team reaches across legal specialties – health care regulation, malpractice defense and counseling, licensure and disciplinary proceedings, business formation and dissolution, employment and non-competition issues, mergers, disengagements, and tax and estate planning – to provide immediate access to attorneys with decades of experience in advising medical professionals and practices.

The group is co-chaired by Braxton McKee and Jason Davis. The group steering committee includes Aaron Ambrose, Barrow Blackwell, John Bredehoft, Bitsy Hester and John Peterson. Among them, these steering committee attorneys bring well over 150 years of collective experience to bear on a wide range of issues. Backing up the specialty business group stand over 100 Kaufman & Canoles attorneys, with the strength of a century-old practice and more than forty members listed in Best Lawyers in America. The firm is proud of its ranking as a “Best Law Firm” by U.S. News.

What We Do

Our Physician Representation Team provides medical professionals a single source, one-stop-shop for legal representation and advice. The firm counsels hundreds of medical professional-owned practices in its native Virginia and elsewhere in the nation. Services we are accustomed to providing to individual Medical Professionals, dentists and medical practices include:

  • Practice formation, including choice of business entity, tax consequences, corporate counseling, relationships with former practices, and compliance issues.
  • Practice management and expansion, including joint venture agreements, shareholder accession and compensation, affiliation and privilege agreements, deferred compensation arrangements, recruiting, and mergers.
  • HIPAA/HITECH risk management, compliance, and remediation measures, including implementation of business associate agreements and effective breach prevention and notification.
  • Patient capacity, consent and alternate decision-making issues.
  • Practice selection of retirement/savings plans as well as appropriate plan design to maximize benefits to owners/professionals and minimize plan costs.
  • Recurring regulatory issues unique to health professionals, including licensure and disciplinary proceedings, managing relationships with third-party payers, accreditation counseling, Medicaid and Medicare audits and compliance (including RAC audits and appeals), litigating insurance underpayments, EMTALA and Stark II concerns.
  • Large practice issues involving implementation of the Obamacare employer mandate and related penalty avoidance.
  • Personal tax planning aimed at the most favorable disposition of retirement plan assets, including in-plan and traditional IRA Roth conversions, appropriate beneficiary designations, and charitable gifting.
  • Personal estate and asset protection planning.
  • Hospital and practice-based peer review.
  • All aspects of navigating employment relationships, federal anti-discrimination law compliance, staff compensation, best personnel management practices, Fair Labor Standards Act compliance, and recordkeeping and benefit issues.
  • Risk minimization strategies, including professional malpractice counseling and defense, business litigation management, and employment litigation.
  • Acquisition or leasing of office space, including entity organization.
  • Financing, including owner guarantees and risking sharing agreements.

We intend the establishment of the Medical Professionals Specialty Business Group to signal to our hundreds of loyal client practices, and others throughout the nation, the commitment of Kaufman & Canoles to simplify legal representation for medical professionals in an age of increased regulatory complexity and expense.

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