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1. What is health law?
2. I'm an experienced business lawyer. What do I need to consult with a health lawyer for?
In the United States today, the provision of healthcare services is subject to intensive and complex regulation — more so perhaps than any other endeavor. Healthcare providers of all kinds — from large institutions to individual practitioners, must struggle with laws and regulations governing every aspect of their operations. Moreover, what many may view as ordinary business arrangements can, if not properly structured, lead to dire consequences, including:
- Exclusion from the Medicare and Medicaid programs
- Loss of license
- Catastrophic civil monetary penalties
- Loss of ability to contract with major third-party payors
- Loss of reimbursement
- Criminal penalties
3. Will I be able to stay involved with the matter if I refer a client to Ms. Stiller?
Absolutely. It is the referring attorney who defines the extent of his or her own involvement in the matters that have been entrusted to the Law Offices of Jennifer A. Stiller. Some attorneys prefer to have all client communications flow through them, some like for Ms. Stiller to deal directly with the client but to keep them informed by correspondence copies, while others prefer for Ms. Stiller to handle the client's health law issues without involving them further unless an issue touches upon non-health law aspects of the representation. Any of these scenarios is fine. Ms. Stiller's main concerns are always that the client is given first-class health law representation, and that the referring attorney is comfortable with the level of his/her continued involvement.
4. Can I mark up Ms. Stiller's fees and make a profit on her work?
Yes. Formal Opinion 00-420 of the American Bar Association’s Standing Committee on Ethics and Professional Responsibility stated that when the costs associated with legal services provided by a contract lawyer are billed to the client as fees for legal services, the amount that may be charged for such services is governed by the requirement of Model Rule 1.5(a) that a lawyer's fee shall be reasonable. A surcharge to the costs may be added by the billing lawyer if the total charge represents a reasonable fee for services provided to the client.
5. What if a non-health law issue develops during the course of Ms. Stiller's representation of my client?
Because Ms. Stiller limits her practice exclusively to health law, any non-health law issues that she may identify during the course of the representation will immediately be brought to your attention. Ms. Stiller feels that it is important for the client to know that she is on the case as a health law specialist, and that all other legal questions are outside the scope of her practice and should be addressed to you. In that way, the client is always clear about who is his/her attorney and who is his/her consulting health law attorney.
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