Health Care

With a national presence in health care, ByrdAdatto brings proven, experienced insights to doctors, dentists, and other providers in the health care industry. Our national health care practice combines our passion for business with our pedigree in health care law.

We regularly assist providers in creating and planning new businesses, buying and selling practices and related health care businesses, maintaining regulatory compliance, addressing peer review issues, preparing and reviewing lending documents and handling the day to day issues in the business of medicine. The following is a summary of our services for our doctors, dentists and other providers:

  • Outside General Counsel
  • Business Planning and Formation
  • Regulatory Compliance
  • Peer Review
  • Technology/Intellectual Property
  • Mergers and Acquisitions and Practice Transitions
  • Private Securities
  • Employment Agreements and Contracts
  • Business Disputes

One hundred percent of ByrdAdatto’s practice involves business law. We help our clients with a wide range of legal business issues, including business entity planning, contracts, business structuring, mergers & acquisitions, practice transitions, licensing, and business disputes. Roughly seventy-five percent of our client base is in the health care sector. We tell clients frequently that health care regulations are the only difference between a health care transaction and a traditional business transaction. This begs the question, if the business law principles are indeed the same for a health care transaction, should a traditional corporate attorney handle a health care transaction?

Unless the corporate attorney is receiving guidance from a health care lawyer, the short answer is no. Health care is one of the most heavily regulated business sectors in the United States. A health care lawyer understands how to navigate these regulations.  Because the health care industry is so heavily regulated, most health care lawyers focus their practices on specific niche areas of the law. For ByrdAdatto, our niche focuses on the regulations that impact the business of medicine and the business of dentistry.

Generally speaking, there are (1) state regulations designed to control the ownership and decision making for non-doctor’s or dentists, (2) federal and state laws designed to regulate the monetization of patient referrals, and (3) federal and state laws designed to protect the patients themselves. The trap for corporate attorneys is that these regulations are counter-intuitive to traditional business arrangements. For example, in a traditional business it is common to pay someone a commission in a sales role for generating business. In the health care sector, the commodity is often patient referrals and the sales person is often the physician. There are civil and sometimes criminal issues with paying the physician a commission based on the volume of sales (in this case referrals).  A seasoned health care attorney can often help navigate the exceptions and safe harbors available under these bodies of law to design a compliant arrangement that is workable for all the parties.

For a deeper level of understanding of the role of health care lawyers or a deeper level of understanding how the various health care regulations affect the business of medicine or the business of dentistry, please contact Michael  Byrd at mbyrd@byrdadatto.com or 214-291-3202.