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Health Care Trifecta: Non-Compete, Non-Solicitaion, and Confidentiality Agreements in Michigan—What Works and What Doesn't

    Michelle D. Bayer, Michael H. Rhodes, and Warren H. Krueger

    Restrictive covenants, and their enforcement, have a long history in Michigan jurisprudence. Under common law, restrictive covenant agreements were enforced if they qualified as reasonable. In 1905, Michigan's legislature enacted the state's first anti-trust statute . . . which generally prohibited restrictive covenants, subject to limited exceptions. These restrictions remained in place from 1905 until 1985 when the legislature enacted the Michigan Antitrust Reform Act. As recognized by the Court of Appeals, restrictive covenants have long been used in a variety of settings in Michigan outside of the employer-employee relationship. View the White Paper PDF

Closing a Medical Practice in Michigan

    By James F. Anderton V, Loomis, Ewert, Parsley, Davis & Gotting, PC

    This white paper discusses the typical process for Michigan medical practitioners to close their medical practices. It is intended as a general guide for legal counselors, as well as financial planning and tax advisors. View the White Paper PDF


Corporate Practice of Medicine in Michigan
Nancy J. Yucha

    Due to a rapidly changing health care environment, hospital-physician consolidation and joint ventures are quickly becoming commonplace. However, physicians and hospitals must ensure that their new organizational structures comply with Michigan corporate law and do not constitute the corporate practice of medicine. The corporate practice of medicine ("CPOM") prohibits a for-profit entity, either a corporation or a limited liability company, from practicing medicine or employing a physician to provide professional medical services. Read More PDF

CON Basics in Michigan
Melissa D. Cupp and Brian Kaser

    Certificate of Need laws were a significant milestone in Congress's decades-long campaign to federalize health care and reduce public expenditures on it. Michigan's Certificate of Need program imposes state control over the creation and acquisition of many health care services and facilities. Its current authorization is found in Part 222 of the Public Health Code. MCL seq. This article summarizes the history, structure and operation of the Certificate of Need system in Michigan. Read More PDF

The Ins and Outs of Responding to Subpoenas & Warrants for Protected Health Information in Michigan
by Jennifer L. Colagiovanni, Amy K. Fehn, Julie M. Markgraf, and Rebecca Robichaud

    This paper addresses the Michigan Court Rules and Michigan law as they relate to the discovery of protected health information or "PHI," as well as the requirements and limitations on disclosure imposed by the HIPAA Privacy Rule. The paper will further discuss the interplay between HIPAA and Michigan law by discussing the general concept of HIPAA Preemption, Michigan's physician-patient privilege and recent court cases. Read More PDF

Medical Records Retention Manual

Status of Health Insurance Exchanges in Michigan
by Theresamarie Mantese and Gregory Nowakowski

    Part 2 from January 2013: The 2010 Patient Protection and Affordable Care Act sustained a hard-fought court challenge. With that challenge over, the long road to execution of this statute is underway. Now, the task for each State is how to implement its various provisions. One of the goals of the Affordable Care Act is to extend health coverage to more than 30 million uninsured Americans beginning in January 2014. A critical provision in accomplishing this goal is the establishment of health insurance exchanges. Read More PDF

    Part 1 from April 2012: On March 23, 2010, the United States Congress passed substantial health care reform (Health Care Reform). There has been much debate in this country over whether Health Care Reform will improve the delivery of health care in the United States. One significant improvement that Health Care Reform was intended to accomplish was to increase access to health care through an expansion of insurance coverage. Read More PDF

Timeline for Key Provisions of the Patient Protection and Affordable Care Act for 2013-2014

    Mercedes Varasteh Dordeski, Foley & Mansfield, PLLP
    Tariq Hafeez, Fausone Bohn LLP

    View the Timeline PDF

Licensure & Certification: Process & Investigations
Debra A. Geroux and Robert S. Iwrey

    Obtaining license as a health care provider in the State of Michigan is under the jurisdiction of the Department of Licensing and Regulatory Affairs. The vast majority of professions are subject to regulation and licensure by LARA's Bureau of Health Professions, and its many licensing boards. Read More 1MB PDF

Affordable Care Organizations in Michigan
By Arthur deVaux, Michael James, Suzanne Nolan, and Christina Torossian

    A cornerstone of health care reform is the development of a new patient care model, known as an accountable care organization (ACO), that is designed to reduce fragmented or unnecessary care and excessive costs for Medicare fee-for-service beneficiaries. The Patient Protection and Affordable Care Act of 2010 (ACA) authorized the creation of the Medicare Shared Savings Program, which allows providers to share in the cost reductions associated with more effective health care. Read More PDF

Michigan Bar Journal, June 2011

Fraud & Abuse Statutes & Regulations

Medical Records Retention Manual

Mini-Manual on Confidentiality

    Members' first copy is—free
    Each additional copy—$30.00
    Each Non-member copy—$40.00
    10 copies or greater—$20.00


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