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As a medical professional, I am sure you are extremely busy with your practice and patients. Most doctors we work with rely on us to make sure their affairs are in order, leaving them with a "few less things to worry about."
From HIPAA compliant estate plans, along with income and estate tax strategies, to the filing of NSA arbitrations (No Surprises Act), we work with our medical clients to protect them from posthumous violations, reduce overall tax burdens and increase revenue by adhering to the strict rules of the NSA arbitration system.
We provide the following services specifically for members of the healthcare community:
If you are a doctor or other medical professional and are subject to HIPAA privacy laws, you have additional responsibilities in case of your premature death. A HIPAA compliant Will incorporates provisions that address the handling and distribution of patient files and other PHI (protected health information).
Patient files should be returned to them or their families or arrangements should be made to transfer their files to new practitioners. There have been cases where doctors have been fined posthumously and their estate has been forced to pay fines for HIPAA violations and the doctor was admonished. Families usually do not want to tarnish the reputation of their accomplished parents.
As a high income earner, many medical professionals can take advantage of relatively unknown planning strategies that can help reduce current income taxes and save more money for retirement. Other strategies focus on maximizing wealth for survivors and reducing overall estate and inheritance taxes. Read more on our Advanced Tax Strategies page.
The No Surprises Act (NSA) was passed to protect patients from surprise billing as a result of emergency room and ambulance services. If you provide ER services, are an ambulance company, or are a nonparticipating provider who provides services in a participating hospital or other facility, you may find claims being significantly reduced under the federal (or sometimes state) No Surprises Act. Both the feds and the state of NJ have created a "baseball-style" arbitration system with very strict filing deadlines to request what you believe should be your "qualifying payment amount" or QPA. To win these arbitrations, you must make a case for why you in particular should be paid a certain fee and the documentation you can submit is very limited. We have experience with helping doctors win these arbitrations.
In the ever-changing world of protected health information or PHI, doctors and other medical professionals are under constant scrutiny to protect the health information for all their patients. This requirement continues to apply even after your death.
Your Will should include a directive to your Executor, or a special HIPAA executor appointed for this limited purpose, as to how to store and disseminate all patients' medical records at the time of your passing. With the advent of electronic medical records (EMR), contact with patients and the transfer of their records to themselves or another practitioner at their direction is becoming easier, but provisions should still be in place. There have been cases of posthumous HIPAA violations imposed on an estate due to a failure to properly handle the PHI of surviving patients.
Other documents, such as trusts, powers of attorney and healthcare directives, should also be considered as part of your plan and you should also consider the DocuBank service that we offer to all of our high net worth clients and their families.
Most professionals cannot afford (nor does it make financial sense) to hire their own personal counsel, devoted exclusively to their legal needs. As a medical doctor or other healthcare professional, you probably didn't realize this is an option that you can benefit from. But legal issues come up in your personal life and your practice fairly regularly and advice about the law is always needed. Hiring an attorney on an “ad hoc” basis does not allow counsel to have a real understanding of the structure of your life, practice and how they interact. And it always costs more (and sometimes gets you worse results) for the ad hoc lawyer to spend time going through your situation. The term “fractional” or shared counsel applies to a lawyer who, for a flat monthly fee, understands your situation and stays on top of things on a regular basis. Generally, this results in less cost and minimizes any “emergency” legal issues.
Hire our shared legal counsel for your practice and your family for a flat monthly fee. Click below to learn more about our retainer services, along with our respective monthly fees.
With more than 30 years of experience drafting thousand of documents and handling hundreds of transactions, we have knowledge and expertise that would take you a lifetime to develop. So if you’re a small business owner, professional or executive, you’ve come to the right place. We are also proud to be recognized by our industry colleagues.
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