In many states, courts dislike non-competes because they restrain trade. Non-compete agreements should center around reasonableness, meaning what the reason is for restraint and whether you have a real interest in making sure the person doesn’t compete. Non-competes should not limit the practice of medicine; instead, they are used to prohibit ownership in a competing ASC. When drafting a non-compete agreement, the language should be clear and concise as to your goals in restraint. Even with a good agreement, ASCs aren’t guaranteed a winning court battle and should have a back-up plan. There are some exceptions, such as if the person has trade secrets, that can strengthen an ASC’s case.
Violations of the False Claims Act are also becoming more prevalent. In the past, most prosecuted violators were “bad actors” who purposefully submitted false claims, but a more recent trend shows even unintentional violators taken to court. ASC coders are responsible for knowing the Medicare rules and regulations when they submit claims, meaning staff education will reduce the likelihood of unintentional fraud. Anyone can effectively bring a False Claims Act violation to court, including former physicians, nurses and patients. Some bring claims because they are genuinely concerned about the wrongdoing, but it seems as though a majority of claims are brought in retaliation or as a way to make money.
Related Articles on ASC Litigation:
6 Key Legal Issues Facing ASCs
9 Key Considerations Regarding Internal Healthcare Investigations
11 Things to Know About the False Claims Act
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