Laws and regulations governing healthcare professions in California are often changing and evolving, and San Diego Corporate Law can assist with navigating these updates and guiding clients to explore options that meet the needs of each practice while remaining compliant with governing statutes.

California Healthcare Law Details

The following are some common examples of healthcare law services San Diego Corporate Law provides for its clients:

Compliance with Laws and Regulations for Professional Corporations

The most common California business entity restructure San Diego Corporate Law provides is to assist professionals in complying with the laws and regulations for practicing their profession in corporate form. Entities formed for professional practices often contain errors that make the practice of a profession in the entity a violation of the California Corporations Code, the California Business and Professions Code, and/or the regulations established by the board governing the practice of the profession. Two of the most typical errors in establishing a business entity for a professional practice in California are organizing as a limited liability company (LLC) or forming a general stock corporation instead of a California professional corporation. The following professions may not operate as a limited liability company (LLC) or general stock corporation in California, and must instead operate as a California professional corporation if operated in corporate form:

Accounting (see California Business and Professions Code §§ 5150–5158);

Acupuncture (see California Business and Professions Code §§ 4975–4979);

Architecture (see California Business and Professions Code §§ 5610–5610.7);

Chiropractic (see California Business and Professions Code §§ 1050–1058);

Clinical Counselor (see California Business and Professions Code §§ 4998–4998.5);

Clinical Social Work (see California Business and Professions Code §§ 4998–4998.5);

Dentistry (see California Business and Professions Code §§ 1800–1808);

Law (see California Business and Professions Code §§ 6127.5, 6160–6172);

Marriage and Family Therapy (see California Business and Professions Code §§ 4987.5–4988.2);

Medicine (see California Business and Professions Code §§ 2402–2417);

Midwives (see California Business and Professions Code §§ 2505–2523);

Naturopathic Doctors (see California Business and Professions Code §§ 3670–3675);

Nursing (see California Business and Professions Code §§ 2775–2781);

Occupational Therapy (see California Business and Professions Code §§ 2570–2572);

Optometry (see California Business and Professions Code §§ 3160–3167);

Osteopathy (see California Business and Professions Code §§ 2402–2417, 3600);

Pharmacy (see California Business and Professions Code §§ 2402–2417, 3600);

Physical Therapy (see California Business and Professions Code §§ 2690–2696);

Physician Assistants (see California Business and Professions Code §§ 3540–3546);

Podiatry (see California Business and Professions Code §§ 2402–2417);

Psychology (see California Business and Professions Code §§ 2907–2913, 2995–2999);

Registered Dental Hygienist in Alternative Practice (see California Business and Professions Code §§ 1925, 1967-1967.4);

Shorthand Court Reporters (see California Business and Professions Code §§ 8040–8047);

Speech-Language Pathology and Audiology (see California Business and Professions Code §§ 2536–2537.4); and

Veterinarians (see California Business and Professions Code §§ 4910–4917).

In order to comply with the California Corporations Code, the California Business and Professions Code, and/or the regulations established by the board governing the practice of the profession, the business entity must be brought into compliance. Sometimes it is more cost effective to dissolve and wind-up the non-compliant business entity and form a new, fully compliant California professional corporation, but often it is possible to either convert the limited liability company (LLC) into a California professional corporation or amend and restate the articles of incorporation, draft professional bylaws, and make other amendments required for the business entity to be fully compliant for the profession practiced.

HIPAA Compliance

Whether you are starting a new professional practice or reviewing your existing practice’s HIPAA Authorization Forms, San Diego Corporate Law can help with reviewing forms you already have or drafting updated documents to ensure that HIPAA Authorizations meet statutory compliance. The HIPAA Privacy Rule applies to health plans, health care clearinghouses, and any health care provider who transmits health information in electronic form in connection with certain transactions. San Diego Corporate Law provides assistance with HIPAA compliance including determining the difference between consent and authorization, and when each is appropriate, depending on the type of transactions taking place.

Patient Intake Forms

Another common document for professional healthcare practices is a Patient Intake Form. These can be as minimally or maximally detailed as desired, depending on the needs and scope of an individual practice. Whether you are just starting out as a private healthcare practitioner, or are reviewing your existing practice forms for a refresh, San Diego Corporate Law can assist with reviewing your existing documents, adding or updating customizations to an existing document, or drafting a bespoke document unique to an individual practice. Details can range from basic patient information, insurance information if your practice participates on insurance panels, as well as Cancellation Policies, Office Protocols, Privacy Policies, and Financial Responsibility Policies specific to the needs and goals of a particular practitioner or business.

Practice Agreements

Certain licensed healthcare professionals that work closely with licensed physicians and surgeons may be required to have written practice agreements. San Diego Corporate Law provides assistance with satisfying the requirements of the different professions that must have written practice agreements in place, including review of existing agreements, updating and customizing existing agreements, and drafting a bespoke agreement specific to the needs of a particular practice or business. The required content of practice agreements for different licensed healthcare professionals in California differs among professions, from specific content to details of physician supervision to approved tasks, a practice agreement provided or reviewed by San Diego Corporate Law is crafted to meet the needs of the parties involved.