Legal Services for Medical Practices
Milvidskiy Law Group P.C. advises physicians and healthcare professionals in New York and New Jersey on the legal and business decisions that affect their practices. Our services include structuring Management Services Organizations (MSOs), handling practice purchases and sales, addressing regulatory requirements, and planning for asset protection.
Our Healthcare Legal Services
- Management Services Organizations (MSOs). Structuring MSOs to address corporate practice of medicine requirements and support business operations.
- Practice Mergers, Acquisitions, and Sales. Legal representation for buying, selling, or merging medical practices, including due diligence and contract negotiation.
- Licensing, Credentialing, and Regulatory Compliance. Support with professional licensure, institutional credentialing, and compliance with state and federal healthcare regulations.
- Asset Protection Strategies. Planning with LLCs, trusts, and holding companies, including entities in jurisdictions such as Wyoming or Nevada.
- Collaborative Healthcare Arrangements. Reviewing participation in ACOs, IPAs, CINs, PHOs, and MSOs for regulatory compliance and alignment with practice goals.
- Revenue Cycle Management and Insurance Disputes. Assistance with payer negotiations, denied claims, appeals, and disputes with insurance carriers.
Establishing and Structuring a Management Services Organization (MSO)
A Management Services Organization (MSO) can allow non-physicians to manage the business aspects of a medical practice while the practice complies with corporate practice of medicine rules in New York and New Jersey. Physicians may consider this structure to manage administrative responsibilities or support a collaborative practice model.
Our attorneys help form and structure MSOs, maintain the legal separation between clinical and business functions, and draft service agreements. We also review compliance requirements and advise on tax implications and risk management. This work may involve establishing a new MSO or integrating one into an organization with multiple practices.
Practice Mergers, Acquisitions, and Sales
Selling a medical practice or merging with a hospital, private equity firm, or larger group practice involves legal, tax, and compliance questions. The terms of the transaction can also affect a physician’s employment, compensation, and role after the sale.
Our attorneys assist with due diligence, valuation guidance, contract negotiation, and purchase or merger agreements. We review representations and warranties, non-compete clauses, post-sale employment arrangements, and provisions addressing the practice’s goodwill. For buyers, we advise on legal risks and integration planning.
Licensing, Credentialing, and Regulatory Compliance
Licensing and credentialing requirements affect both new physicians and established providers expanding across state lines. New York and New Jersey have standards governing professional licensure, continuing education, and disciplinary proceedings.
Our firm assists with license applications and renewals, representation before state medical boards, and appeals of disciplinary actions. We also advise on institutional credentialing, hospital privileges, and managed care plan participation. Our compliance reviews address potential exposure under federal requirements, including the Stark Law, the Anti-Kickback Statute, and HIPAA.
Asset Protection Strategies for Physicians
Asset protection planning for physicians should account for professional liability, business ownership, and personal circumstances. We help clients evaluate strategies in light of their risks and the laws of the relevant jurisdictions.
Planning tools may include limited liability companies (LLCs), family limited partnerships (FLPs), holding companies in jurisdictions such as Wyoming or Nevada, and revocable or irrevocable trusts. We review these options in relation to future liability, flexibility, and control. We also advise on homestead protections, retirement account safeguards, and professional liability insurance strategies.
Participation in ACOs, IPAs, and Other Collaborative Healthcare Arrangements
Physicians considering collaborative or value-based care models may participate in organizations such as:
- Accountable Care Organizations (ACOs)
- Independent Practice Associations (IPAs)
- Clinically Integrated Networks (CINs)
- Physician-Hospital Organizations (PHOs)
- Management Services Organizations (MSOs)
Each arrangement has distinct benefits, risks, and legal requirements. We help providers evaluate participation, review and negotiate agreements, and address data sharing, payment models, antitrust compliance, and governance. We also consider how the arrangement fits the practice’s goals.
Revenue Cycle Management and Disputes with Insurance Carriers
Delayed payments, denied claims, underpayments, and insurer audits can disrupt a medical practice’s cash flow and add administrative work. Addressing these issues often requires coordination between the practice’s billing team and legal counsel.
We advise on payer contracts, coding and billing compliance, and appeals of denied claims. We work with the practice’s staff, outside coding and billing providers, and other professionals. When a dispute requires formal proceedings, we represent clients in arbitration, litigation, or regulatory matters.
Discuss Your Practice’s Legal Needs
Whether you are establishing a practice, considering a sale, addressing a compliance issue, or planning for asset protection, our attorneys can help you assess the legal issues and available options.
Contact our office to arrange a confidential consultation about your practice.
Please note that this information is provided for general informational purposes only and does not constitute legal advice. Laws and regulations differ by jurisdiction. For personalized advice, consult a qualified attorney.
Frequently Asked Questions
What is an MSO and why would a physician use one?
A Management Services Organization (MSO) handles non-clinical business operations of a medical practice, such as billing, HR, and compliance. Physicians use MSOs to remain compliant with corporate practice of medicine rules while outsourcing administrative functions.
Can I sell my practice to a non-physician entity?
Yes, but only through structures that comply with state law. In New York and New Jersey, non-physicians cannot own medical practices directly, but may do so through an MSO model or management arrangement.
What are the main compliance issues physicians face?
Common compliance concerns include HIPAA privacy rules, Stark Law, the Anti-Kickback Statute, and billing fraud risks. Physicians must also comply with state licensing and disciplinary regulations.
How can I protect my personal assets from lawsuits?
Strategies include forming LLCs or FLPs, creating irrevocable trusts, using homestead exemptions, and ensuring adequate malpractice coverage. Asset protection must be planned before a claim arises to be effective.
What’s the difference between an ACO and an IPA?
An ACO is a Medicare-sponsored collaborative that shares savings based on value-based care metrics, while an IPA is a group of independent physicians that contract collectively with insurers. Both structures require legal review for compliance and risk allocation.
Do I need legal help to join a hospital system?
Hospital contracts often include employment terms, restrictive covenants, and performance obligations. Legal review can help you understand how these provisions affect your autonomy and financial interests before you commit.
What happens during a practice sale?
The process includes valuation, due diligence, negotiation of terms, legal documentation, and regulatory filings. Attorneys advise on compliance requirements and negotiate the terms of the transaction.
Can I appeal denied insurance claims?
Yes. Denials can often be appealed through internal processes, external review, or legal action. We help providers prepare appeals and represent them in disputes with payers.
Are Nevada or Wyoming holding companies legal for asset protection?
Yes, these states offer strong asset protection statutes. However, to be effective and compliant, they must be properly structured and integrated with your estate or business plan.
How can I start working with your firm?
Contact our office through the website or by phone to schedule a confidential consultation. We’ll discuss your practice, your concerns, and the legal services that may be appropriate.
