Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 1154
Infrastructure 239 I

From the Desk of Dr. Mark Studin
Academy of Chiropractic

Preamble: Many of the issues I bring to you are very small, yet each issue is just that, an issue. If you take care of the small issues, then you will be able to build and more importantly, focus on the bigger issues...a larger practice and more family time. -Mark Studin 2006

"Geico's Lawyers Compliance Part 3"


Guest Doctor: Madison had gone through this sort of compliance thing years ago and Chiropractic is the third largest profession in the United States that has not gone through this yet. That's why we're a target, and it's happening everywhere, so all right. That was the novel. I was like scaring the hell out of everybody. I think that's the real idea is, where did we start? I think you have to have, under doc, an audit and a review of two major aspects of your practice. One is your documentation at all levels and two, as your corporate organization, that's the best place to just start to have a conversation because it's better off that you would have mark and I review your stuff and dig through your practice then an auditor, a state board member or an investigator, right?

Dr Studin: 100%, we do for the doctor's PI program, everyone starts with a compliance review and bill, I'm not sure where you are with that.

Guest Doctor: we do it on everybody because that for me in the compliance issue, you're not going to get MV referrals if you don't communicate, that's the only reason why we do it. And like with the lawyer side, that's critically important. But the MD communication starts day one.

Dr Studin: again, just to be clear, we don't look at your narratives. That narrative is really not what I'm concerned about upfront. What I'm concerned about is your E&M report. So it's actually the same thing as day one because that's sets everything up. You can't have a good narrative without a good E&M. And without compliance doc, you're screwed at every level. And the second thing is if you're a solo practitioner, let's face it, you are either a PC, an LLP. If you're anything other than a solo practitioner, if you have any other licensed provider or another chiropractor, a physical therapist and acupuncture as a massage therapist, a medical doctor employed in your company, you must get a corporate checkup, by healthcare lawyer in, And if you have 1099 as those professionals, I guarantee you in 100% of the instances they're functioning inappropriately in your office. That's another word for illegally and you've got huge exposure. it's just bottom line W2, it's way to go and it's where you need to be.

Guest Doctor: I talked to doctors too that don't want to spend the money on developing an agreement or they don't want to spend the money on a corporate check. If you're feeling that it's generally because you're unsure of how you're organized. And if you're unsure of how you're organized, you're probably doing it wrong. We're not business people, we're doctors, You have to have somebody look at that, five years it could be something different. you could have been compliant in 2010 but noncompliant in 2019 and that happens all the time.

Dr Studin: without a doubt, if you don't have an associate agreement, an employment agreement, you're screwed. You've got to have that. I have a template created by a very high level labor lawyer and he gives it to me to sell for him. And it's $400 bucks, but no legal advice. You can get a check locally, but you fill in the blind to cover you and your doctors. But if you don't have a staff office policy about hiring and firing and conduct, you're probably not in compliance with your state labor laws, that same lawyer created one for us is 42 pages long. He gets $300 bucks, these are the things you must have.

Guest Doctor: and this is the thing, but all it takes is an employee to leave and associate doctor to leave and say, hey listen, I know that you've not confined and all it takes is one person to rat you out. So there's the part where randomly companies or carriers will come in and audit you and doing all those, but the most common reason is somebody that knows your stuff from within your practice leads and then blows the in.

Dr Studin: Then if you fire them, they want to come after you because they're mad. They don't want to work anymore, and they think you're their cash cow and we have that and someone sued me and I fought them for four years. We have four trials. They kept appealing and lose it. At the end of the day, they didn't get a dime. I won, $50,000 in legal fees to defend myself and four years of sleepless nights with a knot in my stomach going through court

Guest Doctor: I don't know if you saw this, so this is may of 2019 and I think that the article was posted in February, but it was a big story about how the IRS has a whistleblower policy to the point where that if you blow in a company and you get, there's a recovery that whistleblower would get a percentage. There is a person that actually had $110 million payoff. They grew a corporation, That's extreme, but what in a disgruntled employee you won $5,000/ $10,000.

Dr Studin: my person for sued me on the first blush, she wants to $35,000 right up front to go. Then when we won that first trial, then they upped it. They wanted more and more, and then in the last one They said: okay, we'll go back to the $35,000 and walk away. I said to my lawyer, not a dime, I said, I'll give you the money first. And I actually did all 50,000 bucks worth. We really hopefully shed some light on this and hopefully none of you will ever have to worry about any of the stuff cause you've taken the appropriate steps. 

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