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Compliance Issues Related To Acquisitions Of Physician Practices Case Study

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Compliance Issues related to Acquisitions of Physician Practices

Thirty-eight percent of U.S. physicians are now employed by hospitals or health systems, according to an analysis released by the Physicians Advocacy Institute (PAI). Hospital acquisitions of physician practices occurred in every region of the country between 2012-2015 and rose by 86 percent during this time. Hospitals acquired 31,000 physician practices during this period. The number of employed physicians grew from 95,000 in 2012 to more than 140,000 in 2015.

These acquisitions typically involve the purchase of the services of multiple physicians through employment contracts, as well as the practice’s physical building and equipment. For Example, Northwestern Memorial …show more content…

DWT is a multi-city law firm with a large health care law practice.

Question: Mrs. Brydolf, what are the most important issues that a hospital should consider as it approaches the acquisition of a physician practice group?

Answer: Broadly stated, the most important issues are fulfilling the expectations of the parties in a legally compliant manner. Too often, compliance professionals and legal counsel are brought in to the discussions after leadership for the hospital and the physician group have established the timing, scope and financial terms of the acquisition and subsequent employment of professionals and staff. A better approach, an approach that will assist the hospital and the physician group in meeting their objectives, is to discuss the legal parameters for the possible transaction early and often.

Question: So in your opinion what should be considered when a hospital decides to acquire a physician group?

First, consider the reasons for the potential acquisition and whether the parties’ objectives can, in fact, be met. If a rural practice group is losing money and faced with closure, and a local hospital fears the loss of key specialists to meet specialized healthcare needs in their community, it may make sense for the hospital (or a related entity) to employ the physicians and their staff. But

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