Health Law

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Our healthcare attorneys at Minevich Law Group, P.C. counsel clients on healthcare law, healthcare regulations, and corporate transactions. More specifically, our attorneys advise healthcare providers regarding regulatory and compliance matters, including the Stark Law, Anti-Kickback Statute, state fraud and abuse laws, and the corporate practice of medicine. We also counsel clients on data privacy and security matters, including HIPAA issues, as well as general corporate law matters and organizational issues. 

Why You Need a Lawyer

Hiring a Health Law Attorney is Crucial:

Our healthcare attorneys at Minevich Law Group, P.C. counsel clients on healthcare law, healthcare regulations, and corporate transactions. More specifically, our attorneys advise healthcare providers regarding regulatory and compliance matters, including the Stark Law, Anti-Kickback Statute, state fraud and abuse laws, and the corporate practice of medicine. We also counsel clients on data privacy and security matters, including HIPAA issues, as well as general corporate law matters and organizational issues.  

Engaging a healthcare attorney is essential to ensure compliance to avoid potential federal probes or civil lawsuits and navigate the complex and critical healthcare landscape. 

Health Law FAQs

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New York State’s Education Law prohibits physicians from sharing their practice’s income with non-licensed individuals. Financial arrangements that depend on a percentage of a professional’s collections are considered illegal fee-splitting. This is to prevent business interests from influencing a physician’s independent professional judgment in patient treatment.

In the State of New York, non-competition agreements, also known as non-compete clauses or restrictive covenants, when applied to physicians, can potentially be upheld in court. However, it is important to note that such agreements undergo rigorous examination by the courts. Central to the court’s evaluation is the reasonableness of the constraints imposed by the non-compete clause. This assessment involves considering several critical factors: (1) the necessity for the employer to safeguard legitimate business interests, including trade secrets and client databases, (2) the essential need for the employee to maintain a livelihood and support their family, (3) the importance for the public to have access to the employee’s services within the job market, and (4) the specifics regarding the duration and geographic limits set by the agreement.

While the Federal Trade Commission (FTC) on April 23, 2024 approved a final regulatory rule that virtually bans non-competes across most industries, including the healthcare industry, on August 20, 2024, the District Court Northern District Of Texas struck down FTC’s noncompete ban nationwide. 

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