Hiring in the Medical Practice: Legal and Compliance Considerations
Course description
When hiring new professional employees, healthcare employers need to take all the right legal steps. In addition to confirming a candidate’s background through traditional means, employers should also review professional liability claims history, licensure or DEA concerns and medical staff issues, among other concerns. Additionally, healthcare employers also need to check the List of Excluded Individuals and Entities (LEIE) for both professional and non-professional staff and understand implications for failure to do so. Employers will want to work with counsel in vetting professional and non-professional staff in roles that impact compliance and in developing written materials for all candidates that encourage and require disclosure of compliance related information. Join Ericka Adler, JD, LLM, as she explores some of the protocols involved in hiring for a healthcare business.
Learning objectives
At the conclusion of this learning activity, participants will be able to:
- Identify specific protocols to follow when hiring new candidates into a healthcare practice
- Describe how to draft appropriate language into offer sheets, contracts and policies as a way to collect and confirm relevant compliance information
- Summarize the ongoing steps necessary to assure continued review and compliance with applicable laws and professional requirements for all staff
Target audience
Physician and clinician policyholders
Disclosure
There are no relevant financial relationships with ACCME-defined commercial interests for anyone who was in control of the content of this activity.
CME information
This activity has been planned and implemented in accordance with the accreditation requirements and policies of the Accreditation Council for Continuing Medical Education (ACCME) through the joint providership of the Illinois State Medical Society and ISMIE Mutual Insurance Company. The Illinois State Medical Society is accredited by the ACCME to provide continuing medical education for physicians.
The Illinois State Medical Society designates this live activity for a maximum of 1.00 AMA PRA Category 1 Credit™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.
The Illinois Nurse Practice Act rules deem CME credit provided by approved sponsors as acceptable to fulfill nursing continuing education requirements for licensure. Nurses may claim one contact hour per unit of CME in the state of Illinois.
Additional information
The recommendations contained in this resource are not intended to define conduct that is appropriate in every case, should not be considered as establishing any standard of care, and do not constitute legal advice. Physicians, clinicians and healthcare providers should take care to ensure that all care rendered reflects the best clinical judgment and complies with the laws and regulations of the state or location at which the care was provided.
Ericka Adler, JD, LLM
Ericka Adler, JD, LLM, has nearly 25 years’ experience representing individual providers, physician groups, and other health care entities, such as home healthcare agencies, DME companies, hospices, MRI facilities, and surgery centers. She focuses her practice on regulatory and transactional healthcare law, compliance counseling, structuring and implementing complex joint ventures to comply with state and federal laws and regulations. Ericka handles mergers, sales and acquisitions of healthcare entities and has extensive experience in completing transactions with private equity, hospitals and other third parties.
Ericka also has deep experience dealing with Stark, Anti-Kickback Statute, fee splitting concerns, the corporate practice of medicine, and other challenges facing healthcare providers. Ericka works closely with her clients on their day-to-day legal healthcare needs and strives to be available so that her clients always feel like they are her top priority. She serves as general counsel to her practice clients.
Ericka keeps clients up-to-date on her weekly podcast, Roetzel HealthLaw HotSpot®, which has earned the #5 spot on Health Radio Now. The podcast addresses timely topics, including private equity acquisitions, Stark Law compliance, employment and HR issues, and other matters of importance and interest to her clients. In addition, Ericka contributes to the Law & Malpractice section of the online magazine Physicians Practice, where she addresses legal and management issues facing independent physician practices.
She devotes a large part of her practice to advising professionals and practices on their contracts and compensation arrangements and assisting her clients in acquiring and selling healthcare entities. She also works with providers in HIPAA, fraud and abuse, billing audits, government investigations, licensure
matters and contract disputes.
Available Credit
- 1.00 AMA PRA Category 1 Credits™
This activity has been planned and implemented in accordance with the accreditation requirements and policies of the Accreditation Council for Continuing Medical Education (ACCME) through the joint providership of the Illinois State Medical Society and ISMIE Mutual Insurance Company. The Illinois State Medical Society is accredited by the ACCME to provide continuing medical education for physicians.
The Illinois State Medical Society designates this enduring material for a maximum of 1.00 AMA PRA Category 1 Credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.
- 1.00 Discount Credit
- 1.00 Participation Credit