This is odd because I know of this several instances where this is going on, and I wonder how they are getting around this law. Any ideas?
Yes, if the physician owns a practice but retains a practice management firm to take care of all matters outside of patient care, it actually functions as a quasi partnership because the management firm get a percentage of all reimbursements generated by the physician/practice in exchange for its services. In the alternative, a company can own a surgery center, and the physician utilize the center and the company obtain the technical component but not the professional component of reimbursements.
They are hiring the physicians. I have seen a contract and know what the salary is. Any other ideas?
No, they are likely operating on the fact that GA does not have a statute expressly prohibiting the practice of non-licensed providers owning a medical practice, and thinking that because there is no statute expressly prohibiting the practice that it is authorized. For your reference, here is the applicable statute: http://law.justia.com/codes/georgia/2010/title-33/chapter-18/33-18-17/
Also, see http://oversight.house.gov/wp-content/uploads/2012/04/4-25-12-Survey-of-State-Laws-Governing-the-Corporate-Practice-of-Dentistry.pdf (page 17)
So I could do it, but there would be risks? And if so, what are the risks?
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