Articles
At Malecki Brooks Ford Law Group, LLC, our attorneys teach, present, and participate within the communities we serve. Find out more about what we are doing by exploring the links below:
- For Physicians
- On Physician Contract Review
- For New Physicians
- For Advanced Practice Providers
- On Labor & Employment
- On Estate & Legacy Planning
- Miscellaneous
- Current Topics
- Roar Lights: Practitioner’s Spotlight
Physicians
The Right Thing to Do: Would YOU Step Up in an Emergency?
Suggestions for physicians to consider during and after a medical emergency that happens when off the clock. Read more.
Medicare Sets Up Accelerated Payment Program
CMS offers accelerated payments to providers affected by the Change Healthcare ransomware attack. Read more.
Legal Issues Related to Assigning Patients According to Their Preferences on Race
Patient preferences for the race of their provider have legal, ethical and employment implications. Read more.
Information Blocking Rules Now Expand to All Electronic Health Information
The Department of Health & Human Services published reminders on information blocking rules. Read more.
OCR Provides Guidance on HIPAA Compliance for Telehealth in the Post-Covid Future
The Office for Civil Rights published guidance on complying with HIPAA for telehealth services. Read more.
Surprise! Are you ready for the No Surprises Act? What You Need to Know
Even health care providers who do not provide emergency services need to know about the No Surprises Act. Read more.
Mandated Reporting of Child Abuse or Neglect: When must you make the call?
Mandated reporters, including health care professionals, are often in the position to identify signs of child abuse. Read more.
Avoid Stressful Mooning Over Moonlighting Contracts
Physicians who moonlight must take steps to protect their full-time position through contract review. Read more.
“Clean Sweep” Clauses Can Sweep You Out of Business
“Clean sweep” contract provisions can automatically revoke your hospital medical staff privileges. Read more.
Starting Your Own Practice? S.W.A.T.: Start With a Team, Save Headaches and Expense
When starting up your own medical practice, it is critical to start with a team of the right people. Read more.
Watch Out For Equipment Leases (Your Risk is in The Fine Print)
Leasing medical equipment? Make sure to have the lease reviewed by an attorney before signing. Read more.
To Post or Not to Post: Tips Regarding Use of Social Media
Health care providers using social media need to avoid posting any personally identifiable information. Read more.
The Privilege is Yours: The Meaning of Attorney-Client Privilege
Whether communications between attorneys and their clients are guarded is a matter of state and federal law. Read more.
Legal Decisions v. Business Decisions: What Is the Difference?
Are you making a legal decision or a business decision? Engage in a cost-benefit analysis to consider your options. Read more.
Information Blocking: What Is It And Why You Need To Know
Information blocking introduced new rules on electronic health information. Here’s what providers need to know. Read more.
I Want Out. Thinking About Selling Your Practice? Some Thoughts to Consider.
Before selling your practice consider a few key items to weigh advantages and disadvantages. Read more.
Responding to Requests for Mental Health Records
What do health care providers need to know about releasing mental health records of patients? Read more.
I Messed Up. I Think I Am Going to Get Sued. What Should I Do Now? How to Manage a Potentially Compensable Event
How health care providers manage PCEs has a substantial impact on the outcome of a malpractice case. Read more.
State Laws May Restrict Your Ability To Provide Telemedicine Services For Your Patients
Health care professionals may not be able to provide telemedicine to patients who moved across state lines. Read more.
Is Age Really Just A Number?
Health care providers need to consider generation-based expectations for their patients. Read more.
Have You Updated Your Consent Forms To Include The Expanded Technology Now Used For Telemedicine?
COVID-19 forever changed the popularity of telemedicine. Providers should revisit their consent forms. Read more.
When the Illinois Department of Financial and Professional Regulation (IDFPR) Comes to Call
An inquiry from the IDFPR can put physicians and licensed medical professionals on edge. Read more.
Owning Or Working With A Medical Spa – Yea or Nay?
Important aspects of owning a medical spa in Illinois to consider before making a final decision. Read more.
What Is Alternative Financing? Is It For You?
Defining alternative financing and considering examples of how this can help medical practices. Read more.
Is Executive Coaching For You?
Considering whether executive coaching could be the right move for physicians or practitioners looking to make changes. Read more.
Expanding Your Business To Other States: Foreign Qualification And What You Need To Know
Thinking about expanding your practice beyond state lines? What business and practice owners need to know before making the move. Read more.
Thinking About Opening a Med Spa? Not as Simple as it Looks
Considerations for licensed medical professionals thinking of opening a medical spa. Read more.
The Perils of Not Having an Effective Healthcare Compliance Program (Should You Consider an Outsourced Compliance Officer?)
A Corporate Compliance Program can guard against Medicare and Medicaid fraud. Read more.
We Cannot Blame HIPAA For Everything
What does the HIPAA Privacy Rule cover and who does it apply to? Read more.
Considering Acting as an Expert Witness in Medical Malpractice Cases? Points to Ponder
Expert witnesses play key roles in medical malpractice lawsuits. What you should understand. Read more.
Physician Contract Review
How Far Should I Push to Negotiate My Employment Agreement?
Six recommendations for physicians wondering how much to negotiate on their employment agreements. Read more.
Illinois Changes the Legal Landscape for Non-Compete Agreements (AKA Restrictive Covenants)
The highlights of amendments made to the Illinois Freedom to Work Act’s non-compete provisions. Read more.
What The Heck Does “All Duties As Assigned” Mean? The Importance Of Defining Job Duties In An Employment Contract
Clarifying job duties as part of physician employment agreements and key questions to ask. Read more.
Understand What You Wish For: Ownership Options As Part Of Your Employment Agreement Negotiations
Understanding ownership options in physician employment agreements. Read more.
Delay Not! Don’t Allow A Credentialing Process Outside Of Your Control Hinder Your Start Date
What to know about language on the credentialing process in an employment agreement before signing. Read more.
All Boat, No Rudder: Force Majeure Clauses
How the pandemic has changed negotiating for and documenting force majeure clauses in contracts. Read more.
Don’t Let A Tail Wag Your Contract
Five tips for negotiating tail insurance coverage in an employment agreement. Read more.
Here Today, Gone Tomorrow: What You Need To Know To Avoid Being Terminated Without A Reason Or Notice
Understanding at-will employment and what this means for termination purposes. Read more.
Does Restricting The “Practice Of Medicine” In A Noncompete Agreement Include Restricting The Practice Of Telemedicine? Caution!?
Physicians should take care to review their employment agreements to avoid violating restrictive covenants. Read more.
I Did Not Have My Contract Reviewed By An Attorney Before I Signed It. Now I Need To Pull A Rabbit Out Of My Hat!
Thoroughly reviewing an employment contract with a health care attorney before signing is critical. Read more.
Telehealth: What May I Do Without Violating My Contract?
Q&A on exploring telehealth options for work without violating an existing employment contract. Read more.
Negotiating The Employment Or Personal Service Agreement
Tips for physicians to consider ahead of changing jobs or renegotiating existing employment contracts. Read more.
New Physicians
Information Blocking: What Is It And Why You Need To Know
Information blocking introduced new rules on electronic health information. Here’s what providers need to know. Read more.
Owning Or Working With A Medical Spa – Yea or Nay?
Important aspects of owning a medical spa in Illinois to consider before making a final decision. Read more.
Advanced Practice Providers
New Freedoms For APRNs
HB313, signed September 2017, brought significant changes for Advanced Practice Registered Nurses in Illinois. Read more.
APRNs Granted “Full Practice Authority” In Illinois
Effective June 2019, APRNs with necessary backgrounds may now be granted full practice authority. Read more.
Labor & Employment
Have You Filed Your Corporate Transparency Act Beneficial Ownership Information (BOI) Report Yet? File By January 1, 2025 To Avoid Penalties!
A breakdown of what to understand about the CTA and filing the Beneficial Ownership Information (BOI) report on time. Read more.
No, I Am NOT Fired!
Six suggestions for physicians and healthcare professionals to consider after Human Resources reaches out to suddenly meet. Read more.
Illinois Requires Written Contracts for Independent Contractors
As of July 1, 2024, the Illinois Freelance Worker Protection Act requires independent contractors to have a written contract in place. Read more.
Decoding An Employer’s Code Of Conduct
What does “act professionally” mean? Breaking down commons terms we see in employer codes of conduct. Read more.
Getting in Shape for Your Contract Negotiations
A primer for physicians looking to negotiate a better deal for employment contracts or personal service agreements. Read more.
“Medical Practice Divorce” What To Do (And Not To Do) When You Are Terminated Abruptly By Your Employer
What physicians and healthcare practitioners should know about sudden termination from their employers. Read more.
What is a PLLC and Who Can Own One?
Determining whether a professional limited liability company is right for your medical practice in Illinois. Read more.
Tuning In To Your Own Behavior: Are You Tone-Deaf?
How miscommunication in the workplace can lead to employment problems and even termination. Read more.
Illinois Mandates Paid Leave for Employees
Effective January 2024, nearly all Illinois employers must provide employees with up to 40 hours of paid leave per year. Read more.
What’s in YOUR Contract?
Three examples of changes our attorneys have observed in physician employment contracts recently. Read more.
FTC Proposes Significant Change Regarding Non-Compete Clauses
In January 2023, the FTC proposed significant changes to non-compete clauses through a notice of proposed rulemaking. Read more.
The Labor Market and Economy Have Changed. As An Employer, What Are You Doing To Evaluate Your Second Biggest Expense?
Employers should regularly review their employee benefit offerings, which are important for employee retention. Read more.
Are You Prepared to Deal with Medical Emergencies in Your Office?
Medical emergencies can happen at any time. Is your medical office prepared? Read more.
A Service Dog Walks Into Your Medical Business…
What healthcare professionals and staff members should know about service dogs and respecting patients’ rights. Read more.
Help! My Boss is Giving Me PTSD! Am I Imagining This?
Bullying in the workplace can have significant consequences, including legal ramifications. Read more.
My Bags Are Packed And I Am Ready To Go: What Not To Take With You When You Leave Employment
When leaving a place of employment, physicians must review all responsibilities and roles that need reassignments. Read more.
You Say Tomato, I Say “Tomotto” – Employee Handbooks Are Worth Considering For Your Business
Three considerations for drafting a helpful employee handbook for your medical practice. Read more.
Maternity/Paternity Leave. Is It OK To Ask?
How to discuss the possibility of maternity or paternity leave when interviewing or negotiating employment contracts. Read more.
Here Today, Gone Tomorrow: What You Need To Know To Avoid Being Terminated Without A Reason Or Notice
Understanding at-will employment and what this means for termination purposes. Read more.
A Constructive Solution To What May Be A “Silent” Issue?
Addressing “bad fits” in employment and how executive coaching can be helpful. Read more.
Recreational Pot In The Employment Setting
What employers should know about navigating the use of cannabis by employees or prospective employees. Read more.
CMS Removes Arbitration Ban In Nursing Home Agreements
A prior ban prohibiting nursing homes from requiring consumers to sign binding arbitration agreements was lifted in 2017. Read more.
Are Domestic Workers Employees?
Considering whether nannies and other domestic employees are independent contractors or employees. Read more.
Conducting Employee Related Investigations
Eight steps to help employers navigate employee relations problems in medical practices. Read more.
What Employers Need To Know About Medical Marijuana – Part II
Part II addressing how physicians and medical practices should address changes to medical marijuana laws. Read more.
What Medical Practices And Physicians Need To Know About Medical Marijuana – Part I
Part I addressing how physicians and medical practices should address changes to medical marijuana laws. Read more.
Estate & Legacy Planning
Your Pet Trusts You, But What if You Cross The Rainbow Bridge First? Should You Consider a Pet Trust?
Discussing pet trusts and whether adding this to your estate plan is right for your situation. Read more.
Take The Necessary Steps: The Ass(ets) You Save Will Be Your Own
Asset protection planning can be critical to protecting your property and assets from potential lawsuits. Read more.
More Than Your Estate Plan – Your Legacy
What to understand about estate planning and legacy planning before getting started. Read more.
Planning Your Estate – Where To Start
It is never to early to plan your estate. Five benefits of starting early and how to get started. Read more.
Miscellaneous
Telehealth Flexibilities for Controlled Substances Temporarily Extended
The DEA and SAMHSA temporarily extended telehealth flexibilities for providers in May 2023. Read more.
The Road Out of the Pandemic
Summarizing changes for health care providers as the pandemic winds down. Read more.
How NOT to Respond to a Bad Online Review About You
What health care providers should consider before responding to a bad online review. Read more.
Give Me a Minute to Think: The Value of a Month Off
Planning for extended time off to recharge or consider the next career move. Read more.
Using Your Smartphone Is Not Always Smart: Recording Conversations at Work
Determining whether it is legal to record any meeting or conversation in the workplace. Read more.
Does ordering an Uber ride create a legally enforceable contract? And, if so, what is your recourse if Uber leaves you stranded?
Whether Uber’s terms and conditions amount to a legally enforceable contract. Read more.
Current Topics
Texas Federal Court Blocks Enforcement of the FTC Non-Compete Rule
The Federal District Court for the Northern District of Texas issued a ruling on August 20th, 2024 blocking enforcement of the FTC’s non-compete rule. Read more.
Controversy Over Non-Compete Clauses Continues
Several lawsuits are challenging the FTC’s rule to invalidate nearly all non-compete clauses, set to go into effect on September 4, 2024. Read more.
Illinois Rules on Firearms in Medical Facilities
What Illinois law states on firearms in medical facilities and how to respond to patients. Read more.
Filed for the Employee Retention Tax Credit? You May Have to Wait.
The IRS suspended application processing for the Employee Retention Tax Credit in 2023. Read more.
Melinda Malecki and Aileen Brooks Featured in Authority Magazine
Authority Magazine featured an interview with attorneys Melinda Malecki and Aileen Brooks. Read more.
Inflation Reduction Act
Enacted in August 2022, this Act introduced several healthcare reform provisions. Read more.
Four Employment Professional Liability Risks to Watch After the Dobbs Decision
Four liability risks for employers to be aware of and how to mitigate these risks. Read more.
OCR Announces Resolution of More HIPAA Right of Access Initiative Cases
In July 2022, the OCR announced the resolution of 11 more Right of Access investigations. Read more.
Office for Civil Rights Publishes Guidance on Releasing Protected Health Information Related to Abortion
How the HIPAA Privacy Rule applies to the release of medical information on abortion. Read more.
Menstrual Leave
While menstrual leave may be gaining popularity, there are privacy and logistical issues. Read more.
Oregon Assisted Suicide Now An Option For Out-Of-State Residents
Oregon became the first state to remove residency requirements for assisted suicide in 2022. Read more.
Yea or Nay? Hospital Mergers and Acquisitions
Considerations for health care organizations debating mergers or acquisitions. Read more.
Social Inflation: What Does It Mean?
How social inflation is disrupting the malpractice insurance industry for everyone. Read more.
Roar Lights: Practitioner’s Spotlight
Don Kalish, CPA, President of the board of the Path to Recovery Foundation (PATH).
Malecki Brooks Ford Law Group, LLC highlights the background and accomplishments of our clients. Read about Don Kalish, CPA.
Brent Nathan, MD, FACP
Malecki Brooks Ford Law Group, LLC highlights the background and accomplishments of our clients. Read about Brent Nathan, MD, FACP.
Annie Huang
Malecki Brooks Ford Law Group, LLC highlights the background and accomplishments of our clients. Read about Annie Huang.
Benjamin Caughlin, MD, FACS
Malecki Brooks Ford Law Group, LLC highlights the background and accomplishments of our clients. Read about Benjamin Caughlin, MD, FACS.
Mary Kay Sheehan
Malecki Brooks Ford Law Group, LLC highlights the background and accomplishments of our clients. Read about Mary Kay Sheehan.
David Banayan
Malecki Brooks Ford Law Group, LLC highlights the background and accomplishments of our clients. Read about David Banayan.
Alexis Asirow
Malecki Brooks Ford Law Group, LLC highlights the background and accomplishments of our clients. Read about Alexis Asirow.