decisionhealth Newsletters, Answer Books - 2009 Issue 3 (March)
Employment and Employees / Why you better know who your employees really are / Who is the Employer
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Article Overview
This article explains a healthcare compliance issue involving employment relationships, ownership structure, and the distinction between common ownership and common employment. It is aimed at administrators, compliance staff, and providers who need to understand how staffing and corporate structure can affect regulatory analysis. The discussion stays at a high level and focuses on employer identity, affiliated entities, and the general concept of bona fide employment safe harbors.
Why This Topic Matters
Misidentifying who the actual employer is can affect whether an arrangement is treated as compliant under applicable safe harbor concepts. The topic matters to organizations that use medical directors, employed physicians, or affiliated service entities.
What You Will Learn
- How employer-employee relationships may be evaluated in affiliated healthcare entities.
- Why common ownership does not necessarily mean common employment.
- How corporate structure can influence whether employment safe harbor concepts may be relevant.
- What questions to ask when determining who the employer is in a healthcare arrangement.
Who Should Read This
- Healthcare administrators
- Compliance officers
- Physicians
- Medical directors
- Practice managers
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