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Can a medical doctor operate in a private practice owned by…

Can a medical doctor...

Can a medical doctor operate in a private practice owned by her medical doctor spouse, as an extender and be paid a salary as opposed to being paid fee for service? We are in the state of TN.

Lawyer's Assistant: Has anything been officially filed? If so, what?

The practice has been established for years. There was an injury during a surgical procedure and one of the providers sustained a cut to a major tendon in hand, her operating hand, and is experiencing some arthritis setting up. there is a possibility that she may have to stop doing surgical procedures. If this happens, her income is going to be reduced drastically. Therefore, she will be unable to meet her percentage of overhead. We have discussed the possibility of her being paid an hourly salary and the other MD would assume all overhead cost.

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Answered in 15 minutes by:
9/26/2017
lawyerJ
lawyerJ, Attorney
Category: Business Law
Satisfied Customers: 177
Experience: Attorney
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Hi there. My name is ***** ***** I'm a licensed attorney. Please note, all information is provided for educational purposes only. Just so I understand your question -- you're asking if there are any laws prohibiting a medical provider from being paid per hour as opposed to per procedure, and if there are any laws prohibiting a medical provider from working for or with her spouse?

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Customer reply replied 7 months ago
The physicians were 50/50 owners. She was injured during a surgical procedure and a tendon was cut. She is now having issues with arthritis setting up in her hand where she had a repair following the injury. She is considering stopping her surgical portion of her practice which will reduce her income drastically. Because of this, the ability for her to be able to pay her portion of the overhead could be difficult. If the practice was restructured and she transfers all of her stock to her spouse, the other physician who holds 50% of the company, who will now become 100% owner, can he employ the other physician, his spouse and pay her an hourly salary?

Yes, he could. There is no law preventing such a transfer or prohibiting him from employing the other physician (his spouse) and paying her an hourly wage after such a transfer takes place.

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