A Breakdown of Contractual Limitations on Liability
One of the most common negotiating tools is the use of contractual limitations on liability to establish the risk each party undertakes in an agreement. Each party always wants to limit its own risk, while at the same time requiring the other party to maintain full liability. Negotiating these types of limitations of liability provisions [...]
Know The Terms Of Your Preferred Equity
We are often involved with assisting companies raising capital, and these companies can be at various stages of their business life cycles. For example, a start-up company might be raising capital for a wide variety of reasons (such as hiring a sales force, product development, etc.) and a middle-stage company might be raising capital for [...]
Preparing to Sell a Practice: A Seller-Side Guide for Healthcare Providers
The successful sale of a healthcare practice largely depends on business operations during the growth stage of the business. Buyers understand that efficient, compliant operations during the growth stage can lead to profitability and expansion post-transaction. Unfortunately, many practices cut corners to reduce short-term expenses when growing the business. Cutting corners may save money in [...]
What is the Difference between a ROFO and ROFR?
A Right of First Offer (“ROFO”) and a Right of First Refusal (“ROFR”) are both contractual obligations that often arise in the context of a lease arrangement or in connection with selling an asset (such as a piece of property). These provisions restrict the assets held or leased by an owner and benefit the holder [...]
New Opioid Law
On March 19, 2018, Governor Rick Scott signed House Bill 21 into law, which increases the regulation of prescriptions for controlled substances and expands the use of the Florida Prescription Drug Monitoring Program (“PDMP”). This new law became effective on July 1, 2018. Limits for Prescriptions for Controlled Substances for Treatment for Acute Pain Prescriptions [...]
Modifier 25 On The Government’s Radar… Again
Federal Government scrutiny over healthcare providers’ use of CPT Code Modifier 25 is not new, but we are seeing an uptick in enforcement. The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”), has targeted the use of Modifier 25 in its yearly work plans. The OIG’s yearly work plans outline the [...]