Business Incorporation (PLLC or PC)
Forming a business where individuals render professional services requires a special corporate structure. In NY, health care professionals have the option to create a professional corporation (PC) or a professional limited liability company (PLLC). [click here for more information on PC/PLLC] There are legal requirements and restrictions that only apply to these entities.
Creating a corporate entity is much more than filing a simple form with the state; it includes our preparation of the documents that will become your practice’s “constitution” or governing documents, and those will allow you to open a business bank account and maintain corporate formalities.
PSCC can help you form your health care business and streamline the process.
Drafting Articles of Incorporation and By-laws
Incorporation is the way that a business is formally organized and officially brought into existence. The process of incorporation involves writing up a document known as the articles of incorporation (AOI) and enumerating the firm's shareholders. Articles of incorporation are a set of formal documents filed with a government body to legally document the creation of a corporation. Bylaws are the rules and regulations for governing a corporation and facilitating the establishment of the roles and duties of its directors and officers. Articles of incorporation work together with bylaws to form your company's legal backbone.
PSCC can help you create your AOI and By-laws.
Drafting Operating Agreements, Partnership and Profit Sharing Agreements
An operating agreement is a legally binding document that professional limited liability companies (PLLCs) use to outline how the company is managed, who has ownership, and how it is structured. If a company is a multi-member PLLC , the operating agreement becomes a binding contract between the different members. The operating agreement outlines a business's functional and financial decisions. Once the members of the PLLC sign it, they are officially bound to its terms.
Because an operating agreement spells out a PLLC's terms according to the members, it's a good idea to create one during the startup phase of your business, as it brings in clarity for future management and operations. PSCC can help you draft your operating agreement.
Legal Compliance and Regulatory Affairs
As a business owner in one of the most heavily regulated industries in the country, you must understand and comply with local, state, and federal healthcare laws and regulations. Most healthcare providers in private practice do not realize the importance of healthcare compliance until they face substantial fines and penalties after an audit. Ensure you have legally compliant policies and procedures in place to protect your company.
Document Review and Negotiations
As a new business owner, you will be executing legal documents with other entities and individuals such as commercial lease agreements with your landlord, equipment leases, vendor agreements, health plan contracts, etc. Understanding your rights and responsibilities under a contract is crucial to protecting your business interests. When helping a client negotiate a contract, real estate deal, or employment arrangement, our goal is to empower our clients to obtain the best result for them. We can help to maximize your negotiating power and protect your interests
Contract Drafting - among business owners, between the business and its clients and employees
As your business grows and you expand to adding business owners and employees, it is important to execute contracts that would govern your business relationships. We can help you create contracts that protect your interest such as confidentiality agreements, employment contracts, employment offers, non-competition agreements, non-solicitation agreements, and more.
Employment Agreement Review for Physicians and Healthcare Providers
We review and negotiate physician and other healthcare provider employment agreements throughout the United States. We are dedicated to safeguarding your interests before you finalize any employment arrangement with a prospective employer. We have a deep understanding of employer norms and expectations within the dynamic healthcare industry, allowing us to provide tailored guidance that aligns with your specific career stage, location, and field of expertise.
Credentialing with Medicare, Medicaid, and/or private insurance companies
HR and Operations Consulting (Employee Handbook, Manuals, etc)
There are rules and regulations protecting employees from discrimination based on race, religion, age, disability, or gender. Companies should seek to achieve greater compliance and employee communication with their employees. The employee handbook is an excellent solution for ensuring that you accomplish your human resources objectives.
Employment handbooks are written code of conduct that informs employees about rules and company culture. They can also function as an employment contract between you and your non-exempt talent. An employee handbook is the right choice when you hire and retain employees.
It can be overwhelming to tackle the project of creating an employment handbook. There are several details to remember, which means there’s a prime opportunity to inadvertently omit essential information. PSSC can help you with creating your handbook.
Employment and Independent Contractor Agreements
If you're considering hiring someone to perform a job, make sure you know whether you're hiring them as an independent contractor or as an employee. It is important for small business owners to understand the differences between these types of employment. These roles have important distinctions that could impact you and the freelancer or employee negatively if mislabeled.
Employment Agreement
An employment agreement is a binding document between an employer and an employee. It includes the terms of employment and ensures that parties to the agreement understand what is expected of them.
Independent Contractor Agreement
An independent contractor agreement is a contract between a freelancer and a company outlining the specifics of their work together. This legal contract usually includes information regarding the scope of the work, payment, and deadlines. Companies would benefit from using an independent contractor agreement because it could protect the company's business interests, offer liability protections, secure the company's assets, and ensure the contractors maintain confidentiality.
Employee contracts and independent contractor agreements are useful legal tools to help protect all parties. PSCC can help you make sure your agreements include every important aspect of the job to ensure timely and accurate completion as well as protection for you, your company, and your clients.
HIPAA Compliance Policies and Procedures
Covered entities must follow HIPAA guidelines to ensure that a patient's private records are protected from any unauthorized use or distribution. Although it is not always easy, health care providers who are considered covered entities under HIPPA have to stay vigilant so they do not violate any rules.
HHS’ Office for Civil Rights (OCR) conducts periodic audits of HIPAA-covered entities and business associates. Violations can mean substantial financial penalties that could be devastating to a small practice. Depending on the level of violation, penalties can range from over a hundred dollars per violation up to almost $2M per violation.
PSCC can help you create or update your policies and procedures to ensure that your company's access, use and storage of protected health information follow best practices.
Patient Registration Policies (Informed Consent, Intake Forms, Privacy Policy)
Liability Guidance, Website Terms and Conditions, Disclaimers, Website Privacy Policy
Buying or Selling a Practice - Purchase Agreement
Healthcare Regulatory Compliance and other Transactional Work