Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

We are in dallas, TX and I have a doctorate in Pharmacy. I…

Customer Question
Hello, we are in...

Hello, we are in dallas, TX and I have a doctorate in Pharmacy. I want to know if I can start a visiting housecall doctors group? We will be seeing Medicare patients in their place of residence. We wouls have a medical director who is an MD.

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

We have an LLC already, we have sent in our application to Medicare but waiting for our PTAN. We have not seen any pts yet.

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Medical director doctor is not a member/ owner of the business

Submitted: 5 months ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 1 hour by:
11/10/2017
Business Lawyer: Richard - Bizlaw, Attorney replied 5 months ago
Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,799
Experience: 30 years of corporate, litigation and international law
Verified

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Would a doctor be doing the house calls? Would anyone other than a doctor be doing the house calls and what services would they be providing?

Ask Your Own Business Law Question
Customer reply replied 5 months ago
Hello Richard,
Thank you. Yes, the doctor will physically the patients twice a year. In addition, his contract says he runs the group as he sees fit in the best benefit of the patient. The MD is also putting together the Standard operating procedures for the group. We will also have a nurse practitioner seeing patients after the initial MD visit. The NP will follow up with patients between MD visits. In addition, i will be seeing patients as well and reviewing their charts as the clinical pharmacist on the team making sure all medications are being prescribed appropriately and at the right doses.Services: annual well visits, sick visits, chronic disease management, transitional care management, vaccines, etc.Thank you,
Deepa
Business Lawyer: Richard - Bizlaw, Attorney replied 5 months ago

I have to step away for a little while but I will be back to you. I have one other question, who will own the LLC?

Ask Your Own Business Law Question
Customer reply replied 5 months ago
The LLC is owned by myself and my husband. I am a PharmD (doctor of pharmacy) and my husband is an IP attorney.
Business Lawyer: Richard - Bizlaw, Attorney replied 5 months ago

Texas law prohibits a physician from being employed by a non physician to perform medical services. Although you are a doctor of pharmacy you cannot be an owner of a professional corporation that engages in the practice of medicine. To achieve the result you are looking for will take very careful planning and a close review of the both the statute and case law on acts that constitute the unlawful practice of medicine. You would have to structure the relationship where the doctor is acting as an independent contractor. The contracts that are drawn to govern the relationship would have to take into account the relevant case law.

This is too fact specific to how you would operate and how the relationships are structured to be done through a forum such as this. I recommend you retain an attorney to help you work out a set up that works both practically and legally. Your idea of just having a contract with the doctor of the type you describe I do not believe will pass muster because it has an entity controlled by non physicians hiring a physician which has the attributes of the physician lending his license to the entity which is statutorily prohibited.

Sorry for the bad news. However, I believe there is a way to structure an arrangement that can work.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Ask Your Own Business Law Question
Customer reply replied 5 months ago
Thank you for the response.
Our contract clearly states that the physian is not an employee. It also clearly states that the physician is an independent contractor. Does this help?
Can you please point us to the relevant statutes (and also some prominent case law if possible)? Thank you, again.As you recommend, we shall look into retaining an attorney.Best,
Deepa.
Business Lawyer: Richard - Bizlaw, Attorney replied 5 months ago

Having the physician be an independent contractor is a good start but the cases make clear that how you label the person is not the sole determining factor. Here is a link to a good discussion of the issues with statutory and case references.

file:///C:/Users/rick.GAINES/Downloads/CPM%20White%20Paper%20(1).pdf

If you look at the cases discussed you will see that the terms of the contract are an important factor. You also have to take into account how other medical staff such as the nurses and NPs are integrated and employed.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Ask Your Own Business Law Question
Was this answer helpful?
Ask Richard - Bizlaw Your Own Question
Richard - Bizlaw
Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10,799
10,799 Satisfied Customers
Experience: 30 years of corporate, litigation and international law

Richard - Bizlaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I am looking for business legal advisor for my LLC listed in
I am looking for business legal advisor for my LLC listed in NV … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,705 satisfied customers
I have an LLC with my business partner. We are both
I have an LLC with my business partner. We are both non-resident aliens and don't live in the US. The idea was paying corporate tax in the US and personal tax in Europe, where we reside. Do we still n… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need some advice about deceptive business practices. My
I need some advice about deceptive business practices. My webhost has their phone tree "press 3 for malware" redirected to a 3rd party, whom they are an affiliate with. I was 3/4 of the way through th… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Last year I had a business set up as an LLC as a contractor
Last year I had a business set up as an LLC as a contractor for moving furniture. There was one guy I did not pay his last paycheck because I told the sub contractors if they didn't give me notice tha… read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
If i have a business registered as a corporation in colorado
If i have a business registered as a corporation in colorado can I open an office in NY using the same business identity.Or do I need to do something different. … read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
We have a small business a LLC corporation in Los Angeles
We have a small business a LLC corporation in Los Angeles California. When we hire an employee should we have them fill out an application or sign a part time employment agreement. What is the differe… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I have questions about an LLC contract. Texas. It has been
It has been filed with the state as a LLC with 3 members … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Does an LLC business pay the new business tax rates? If not
Does an LLC business pay the new business tax rates? If not what business types could I form to pay the new rates and not my personal tax rate? How is the 20% deduction calculated?… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
531 satisfied customers
I am a new business forming an LLC. I wanted to get
I am a new business forming an LLC. I wanted to get information about capital that I have invested into forming the business and how it affects my personally.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My business partner sold are llc 50/50 owned business with
my business partner sold are llc 50/50 owned business with out my consent. or knowledge is there legal action i can take? … read more
Ely
Ely
Attorney
Juris Doctor
577 satisfied customers
I'm the managing member in an LLC with my business partner
I'm the managing member in an LLC with my business partner and I'm also the member with the larger share percentage. Its a multipfaceted bar/nighclub busniess with a reatils store. .5+ … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am starting a consulting business and considering an LLC.
I am starting a consulting business and considering an LLC. I am also an artist. Can I combine the two businesses in one LLC so I can write off my studio rent and expenses legally?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,170 satisfied customers
I have a Tennessee corporation LLC that is being sued in
I have a Tennessee corporation LLC that is being sued in Colorado. If they want to pierce the veil of the LLC do they have to pursue that in Tennessee or can they do that in Colorado? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
Is there a rule which requires that a corporation (or LLC)
Is there a rule which requires that a corporation (or LLC) must have a lawyer in a civil case?… read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
Looking a the corporate practice of medicine in Illinois
Looking a the corporate practice of medicine in Illinois what are the ownership requirements, can a chiropractor own a medical practice … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a LLC business in the state of Texas. It is currently
I have a LLC business in the state of Texas. It is currently a sole proprioter. If I want to add 2 partners do I need to change it to a corporation? Or can I leave as is and just generate an agreement… read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
Converting my llc business to a c corporation and looking
Converting my llc business to a c corporation and looking for a lawyer to sign the paperwork … read more
Richard - Bizlaw
Richard - Bizlaw
Attorney
10,799 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x