Scott has worked extensively with medical groups to facilitate their relationships with hospitals. This has included physician recruitment agreements, physician relocation agreements and physician income guarantee agreements. It has also included hospital-based physician agreements, medical directorships and call coverage agreements.
Formation and Development
Scott has formed numerous medical groups as professional medical corporations and professional partnerships. For corporations, this has included the drafting of articles of incorporation, bylaws, stock purchase agreements and shareholder/repurchase agreements. For partnerships, this has included the drafting of partnership agreements and interest purchase agreements. Many medical groups are now forming subsidiary businesses such as management services organizations (“MSOs”) and ambulatory surgery centers (“ASCs”). Scott has helped numerous medical groups form limited liability companies to function as MSOs and ASCs. This has included the drafting of articles of organization, operating agreements and interest purchase agreements.
Scott frequently helps medical groups with short-term and long-term planning. This has included the development of strategies for hiring new physicians and buying out retiring physicians. It also has included the formation of compensation plans, including compensation, incentives and bonus structures to maximize medical group revenues and productivity.
Mergers and Reorganizations
Because many medical groups consider mergers and reorganizations, Scott has helped several medical groups acquire existing practices through asset purchases and mergers. Such acquisitions usually entail preliminary negotiations by Scott with other attorneys to help structure the terms of such ventures. It also may necessitate discussions by him with medical boards in order to get the structure of such acquisitions approved.
Scott often lectures at health care conferences on the “art of negotiating.” As a consequence, medical groups often ask Scott to help them negotiate agreements with third parties, including insurance companies and managed care companies, independent practice associations and hospitals. It also has included reviewing leases with landlords and equipment manufacturers as well as software and hardware agreements with technology companies.
Scott is often asked to analyze health care laws by medical groups. For example, Scott frequently is asked questions about the in-office ancillary services exception to the Stark Law. This exception allows physicians who are members of a medical group to refer a patient for “designated health services” within the medical group without violating the Stark Law.