All mental healthcare practices should hire an attorney to have on call. A lawyer will be able to help you in all sorts of legal situations. From signing the lease for your office space to defending your license, an attorney is qualified to help. Bowne Barry & Barry is a lawyer in East Brunswick NJ. Through our many years of experience, we have helped numerous mental healthcare practices get started, operate, and grow. Our goal is to guide you through handling the legal side of things to make sure you are protected as a provider. There are many different services that an attorney can provide for a mental healthcare practice.
Practice Formation
When a mental healthcare practice is just starting out, they must pick a legal form of organization by which to classify themselves. Typically, medical practices form limited liability partnerships (LLP.) With an LLP, individuals assume risks for themselves but are protected from the liabilities of other partners. For example, if one partner does something illegal like medical malpractice or fraud, the other partners will not be affected. This gives medical practitioners peace of mind knowing that one partner won’t bring down the entire practice. In addition, with an LLP, all partners must have medical malpractice insurance.
An LLP makes it easy to add additional partners to the practice. This is helpful as providers come and go. The process for bringing on someone new is not complicated. LLPs also handle taxes in a special way. They do not pay income taxes. Instead, profits and losses are passed through to each partner who then pay the taxes. Owners must make estimated tax payments throughout the year.
Forming an LLP requires a draft limited liability partnership agreement, filing for a certificate of LLP, obtaining necessary licenses and permits, and getting the appropriate insurance coverage. While this may seem overwhelming, an attorney will work with you to complete the steps required to becoming an LLP.
Lease Negotiations
Once the practice is legally formed, it is time to find an office. Keep in mind factors like office size, location, and monthly rent payments as you seek out the perfect space. Commercial leases are different from residential leases. They are generally longer and contain very specific verbiage on what a renter can and cannot do in the space.
An attorney can help you through the office selection and lease signing process. First, they assess the different locations you have chosen. Then, they help you decide which is most suitable for your practice. They also assess the site layout of the office. When you are ready to sign the lease, your attorney reviews the lease terms with you. Therefore, you fully understand the lease stipulations. They can also go through the negotiation process to get you a better deal. At Bowne Barry & Barry, we combine our real estate experience with our experience in working with mental healthcare practices. We provide legal guidance when picking a property and signing a lease.
Employee & Independent Contractor Agreements
Once the practice is formed and the lease is signed, the next step is staffing your practice. Some practices choose to hire employees. Others go with independent contractors.
You need to have a formal employee or independent contractor agreement. Your staff must physically read and sign this before formally joining the practice. These agreements document everything from HIPAA requirements to office policies like taking vacation or sick leave. Getting a physical signature can help quell employee issues down the road.
Professional License Defense by Lawyer in East Brunswick NJ
Sometimes mental healthcare providers need an attorney to help defend their professional license. A lawyer will review any complaints filed against you and come up with a plan. They will also defend you during any investigations and court appearances. Through a detailed analysis of your case, often charges can be dropped. Medical malpractice charges can be avoided as well. In addition, your lawyer can work to appeal licensing board decisions.
Typically when a complaint is filed, the provider receives a phone call or letter stating the complaint and asking for a response. It is critical that you do not speak to anyone without your attorney present. As soon as you receive the complaint, contact your attorney and they will begin analyzing the situation and working on the defense.
A Lawyer in East Brunswick NJ Can Help
As the owner of a mental healthcare practice, you will need legal guidance every now and again. It is important that you have a trusted, experienced lawyer working with you. A lawyer in East Brunswick NJ like Bowne Barry & Barry is experienced in many different areas when it comes to working with mental healthcare practices. From the initial formation of the LLP to defending professional licenses and everything in between, you can count on them to provide you with sound legal advice and guidance. If you are unsure of how to make a decision when legal matters are involved, call your attorney right away.
Having a lawyer on your side gives you peace of mind. You are protecting yourself and your practice the best that you can. For more information on services in regard to mental healthcare practices, contact Bowne Barry & Barry today. We look forward to setting up an initial consultation with you.
