MDNews - Minnesota

SCHAEFER HALLEEN'S LEGAL SERVICES FOR MEDICAL PROFESSIONALS INCLUDE: + Experienced representation for discrimination or retaliation in the workplace, including the Minnesota Whistleblower Act and peer review processes + Evaluating breach of contract claims + Extensive knowledge of federal and state laws affecting medical professionals + Maximizing exit strategy benefits + Reviewing and negotiating employment contracts, including non-competition and non-solicitation clauses + Understanding the ramifications of licensure requirements to the physician — especially when physicians want to leave and take their established client base to another practice. "Non-competition or non-solicitation restrictions may hinder a physician's ability to leave, and those roadblocks are heavily disfavored," Schaefer adds. "The AMA has also said these types of restrictions should not apply to physicians, who should be free to carry their expertise and client base to another employer." Schaefer Halleen LLC, provides expert legal counsel to negotiate such intricate language and protect the rights of its clients. "A w e l l- d r a f t e d c o nt r a c t t h a t defines expectations, obligations and separation with clarity provides the most protection for the medical professional," Schaefer says. Precedent in Peer Review Employment changes due to the ACA and HIPAA are also shifting the develop- ment of the medical peer review process, during which a professional review body decides upon a physician's membership or clinical privilege based on clinical competence or professional conduct, according to the AMA. Minnesota state law provides privacy protection throughout the peer review process. This protection is intended to limit access to only individuals involved in the process, Schaefer notes. "This confidentiality is appropriately designed to allow the process be both candid and thorough, in order to protect the physician and those involved in the review process," he says. "If there is discrimination, retaliation or HIPAA violations, however, this privacy can be pierced, as these rights are fully protected under federal law." Federal laws trump state statutes, and Schaefer stresses how knowledgeable counsel is absolutely critical for physicians whose rights under these laws may be violated by any peer review process. "If a physician is in a protected class or has made a protected complaint that may have triggered the peer review process, the confidentiality has to yield in dis- covery to be able to evaluate how others were treated in that process," Schaefer says. "It is not enough to say in defense of a claim that you cannot have access because it is protected by peer review. In this circumstance, there is a need for counsel who understands this law and can apply it so the physician's rights are protected." Applying Federal and State Laws Specific federal and state laws protect physicians, but many providers are unaware of their legal aegis. For example, physicians may be obligated to report situations when healthcare providers violate professionally recognized health- care or ethical standards that have been established by federal or state law. The Minnesota Whistleblower Act affords protection for individuals who report such violations from reprisal in the workplace. "If any such report triggers adverse action against the physician, this cre- ates retaliation liability, and this statute provides robust remedies," Schaefer says. "When you have the employment relationship as an overlay to any work- place retaliation, physicians have rights under a whole host of federal and state statutes to be free from discrimination or retaliation." Affecting Positive Change D u r i n g a 27-ye a r le g a l c a re er, Schaefer has used his employee-rights background to fight for the fair and just treatment of his clients. This philosophy forms the foundation of Schaefer Halleen LLC. "We tra nsform a scena rio where physicians might feel as if they are at the mercy of a hospital administration into an experience where physicians' rights are respected," he says. For addit ional inf or mat ion about Schaefer Halleen LLC, or legal issues pertaining to medical and mental health professionals, call 612-294-2600 or visit schaeferhalleen.com. ■ "During the past 27 years, I have had the privilege of representing physicians and medical professionals in contract formation and negotiations, as well as workplace issues and, if necessary, litigation. I have come to know the field and the laws and how those laws apply to health professionals." —Larry Schaefer, President of Schaefer Halleen LLC M D N E W S . CO M ■ MD NEWS Minnesota | 1 5

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