Second, as we prepare for new opportunities anticipatorily brought forth in 2025, let's be realistic that even with the most severe restructuring of certain government agencies, we are not teleporting to the Wild West (which google tells me started in 1602 and ended in 1912). One of my adopted 2025 mantras is "let's proceed, with optimistic caution." Each new vendor, investment or other opportunity must be properly vetted. Compliance, as always, is an "ounce of prevention is worth a pound of cure". Let's take the lessons of years past and voyage into 2025 with eyes open.
So, tips for 2025 - refresh with the OIG Roadmap (great bedtime reading) - https://oig.hhs.gov/compliance/physician-education/ - which is a great overview of the Fraud and Abuse laws applicable to Medicare/Medicaid participating providers (and has a general overview of kickback laws that most states enforce against non participating doctors as well...). I am hopeful we will see a general retraction from certain elements of the "police state" we saw emerging. Recent court decisions cutting back the CTA and non compete restrictions by the FTC both reinforced that sentiment, but we have a long way to go as the pendulum swings back to more "common sense" approach to employer operations.
In the meantime, employee relations (coupled with cost of staffing) is still concern number 1 for all businesses, medical practices especially. Current agency mandate for the EEOC in each state - is each Employee claim is worthy of diligent assessment and review. Which means, we as move into 2025, I remind you of the need for proper documentation in all employee-related matters. Call me after any incident (same day) and let's make sure we have all documentation on file should a complaint later be filed. With the proper reactive work, we can likely head off severe aggravation later. Also, oftentimes my recommendation will be supported termination, which can be surprising because for many clients they assume I will advise to maintain the employee to avoid a potential claim. Not so, depending on the circumstances of course, if we have the documentation, if there is an issue, oftentimes termination can be supported. We will spend more time this year explaining EEOC process and regular situations we are encountering in our defense work, in the hopes of sparing you from encountering a complaint in the first instance....
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Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or at (516) 747-6700 x. 302.
Contact Jennifer at Jennifer@Kirschenbaumesq.com or at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com