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: 8 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 8 months ago
Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,834
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 8 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 8 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 8 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 8 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 8 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 8 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?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard - Bizlaw Your Own Question
Richard - Bizlaw
Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10,834
10,834 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

2,002 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

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

678 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 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
Can a nonphysician group hire (contract)a physician owned
Can a nonphysician group hire (contract)a physician owned group to provide medical services to patients. For example, my group finds pts but farm out the patients to the contracting company for them t… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,002 satisfied customers
I own an IDTF, sole proprietor, I have an PTAN number and NPI.
I own an IDTF, sole proprietor, I have an PTAN number and NPI. I want to give the business to my son. How do I notify Medicare Part B JE of the changes, or does he need to apply for a new application … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
We are extending our primary care medical office with
We are extending our primary care medical office with physical therapy facility (dob Physical Therapy) in the next door place on the same building. Everything is under the same tax ID.1. Building layo… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I want to start a business going to people's homes and
Hi again…. I want to start a business going to people's homes and businesses talking about hair. It will save them time instead of coming to the MD office which takes all day. Half the time they don't… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I own solely Home Health Care Agency (HHC - skilled care
Hello, I own solely Home Health Care Agency (HHC - skilled care reimbursed by Medicare); Private Duty - Chores, personal care - non-skilled care paid by Medicaid funds. Recently got licensed as Adult … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Is it required to have a physician supervising a mid-level,
For Texas is it required to have a physician supervising a mid-level, (NP or PA), co-sign all their notes? If its not there primary hospital.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Me and my wife are Canadian citizen. I am under a J1 visa as
Me and my wife are Canadian citizen. I am under a J1 visa as a postdoctoral fellow in Dallas, TX and my wife got the dependent J2 visa. Both will end on April 30th 2019. My wife currently has a social… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am a doctor and want to have a new business with a business
I am a doctor and want to have a new business with a business partner who is not a doctor. Can we own an LLC together in the state of WA, or do have to have a PLLC also?… read more
Ely
Ely
Attorney
Juris Doctor
604 satisfied customers
I own a clinic which has the Medicare privilidges and Medicaid
I own a clinic which has the Medicare privilidges and Medicaid privileges banned for three years. I have an active license and DEA, and malpractice insurance....How do I hire employed or contracted do… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Hi, will the IRS grant me 501c3 status if i create an LLC for
Hi, will the IRS grant me 501c3 status if i create an LLC for non-profit purposes in Texas? My organization will grant scholarships to kids in Jamaica, West Indies so they can attend school (in Jamaic… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
Legal ‘Medical question Premise: FLORIDA - A Florida LLC
Legal ‘Medical' question Premise: FLORIDA - A Florida LLC has one managing Member who is a D.C. and one managing Menber that is a Management Company. The DC will open the office using his license and … read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
my fisherman friend saved some money and wants to open a clinic
my fisherman friend saved some money and wants to open a clinic and hire MD, physcial therapist, PTA, ect. Completely new and need a guideline to comply with all possible requirements from everything … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
a) In FL, can a Chiropractor have an MD come to his office
a) In FL, can a Chiropractor have an MD come to his office to treat patients for Pain Management and how can the Chiropractor bill, (using the MD's lic?.. considering the MD an Independent contractor?… read more
Lawdoctor
Lawdoctor
Attorney At Law
Doctoral Degree
1,396 satisfied customers
Im forming a medical group in Ocala, Florida (Marion County)
I'm forming a medical group in Ocala, Florida (Marion County) and Fruitland Park, FL, to be owned by my Management Company, (which is a FL LLC), I'm not a doctor, but will have an MD as Medical Direct… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
I am involved in an LLC with two other people. The business
I am involved in an LLC with two other people. The business is a private forum with 100 paid members. Business brings in less than 10,000 a year. We have no debt. One of the 3 owners has been caught s… read more
socrateaser
socrateaser
1,452 satisfied customers
Hello. My husband, sister law, friend and I are starting an
Hello. My husband, sister law, friend and I are starting an LLC in Maryland. We are Residential service agency that will provide support services to seniors and disabled. We also will be providing res… read more
socrateaser
socrateaser
1,452 satisfied customers
Started an LLC Home Health Company with 3 other people. They
Started an LLC Home Health Company with 3 other people. They got mad at me and sent me a letter telling me I was out. However the Licence is in all of our names. We were waiting on inspection to becom… read more
Richard
Richard
Owner
Doctoral Degree
4,519 satisfied customers
Can a group of doctors, in the same building but in separate
Can a group of doctors, in the same building but in separate groups open a pharmacy in the building and not violate Stark laws and anti kickback laws. The pharmacy is open to the public and the patien… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 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