Gosfield and Shay on Health Law

The Legal Podcast Network

Gosfield & Shay on Health Law is a podcast dedicated to unpacking the complexities of health care compliance, physician group structuring, and federal regulatory policy. Presented by Alice Gosfield & Daniel Shay, one of the nation’s leading health care attorneys, the show helps physicians, practice managers, and hospitals navigate the legal landscape with clarity, strategy, and confidence.

Episodes

  1. Physician Employment Agreements: Perspectives and Pitfalls from Both Sides

    1d ago

    Physician Employment Agreements: Perspectives and Pitfalls from Both Sides

    Episode Summary:  In this episode of Gosfield and Shay on Health Law, healthcare attorney Daniel Shay discusses the intricacies of physician employment agreements. Daniel delves into the evolution of compensation structures over the past decade, highlighting the shift from fixed salaries to productivity-driven models. The conversation covers the impact of industry consolidation, the role of private equity, and the pressures on employers to maximize productivity. Daniel also examines the challenges physicians face with non-compete clauses, termination provisions, and tail coverage obligations. By understanding these elements, physicians can better navigate their contracts and protect their interests. This episode provides valuable insights for healthcare professionals looking to negotiate favorable terms and avoid common pitfalls in their employment agreements. Key Timestamps: 00:01 – Introduction 00:10 – Evolution of Physician Employment Agreements 00:56 – Changes in Compensation Structures 02:14 – Productivity-Based Compensation Models 05:30 – Divergence of Expectations in Compensation 07:06 – Transparency in Compensation Calculations 09:02 – Non-Compete Clauses and Their Impact 12:25 – Termination Provisions and Their Implications 15:48 – Tail Coverage Obligations 18:12 – Employer Objectives in Employment Contracts 20:42 – Patterns in Contract Disputes About the Show:  Gosfield and Shay on Health Law is a podcast dedicated to exploring the complex intersection of healthcare and legal issues. Hosted by experienced healthcare attorneys, the show provides in-depth discussions on regulatory compliance, employment agreements, and the business realities of medical practice. Listeners gain practical insights into navigating the legal landscape of healthcare, with a focus on making complex rules accessible and actionable. Whether you're a physician, healthcare administrator, or legal professional, Gosfield and Shay on Health Law offers valuable guidance to help you stay informed and make informed decisions.

    25 min
  2. Why Medicare Enrollment Is Like Home Ownership (Because It Requires Constant Maintenance)

    May 8

    Why Medicare Enrollment Is Like Home Ownership (Because It Requires Constant Maintenance)

    Episode Summary:  In this episode of Gosfield and Shay on Health Law, healthcare attorney Daniel Shay delves into the intricacies of Medicare enrollment, likening it to the ongoing responsibilities of homeownership. He highlights the necessity for constant updates and vigilance to maintain compliance, emphasizing the importance of responding to revalidation requests and updating application information within specified timelines. Daniel Shay discusses the consequences of failing to comply, such as deactivation and revocation of billing privileges, and provides real-world examples of how outdated information can lead to serious issues. He offers practical advice for healthcare practices to manage their enrollment processes effectively, ensuring they stay ahead of potential problems. Listeners will gain valuable insights into maintaining compliance and safeguarding their practice's financial health. Key Timestamps: 00:01 – Introduction 00:10 – Understanding Medicare Enrollment 00:47 – Ongoing Obligations for Providers 01:21 – Importance of Updating Information 02:01 – Types of Changes Requiring Updates 02:54 – Common Compliance Failures 03:41 – Deactivation vs. Revocation 05:41 – Impact on Billing and Cash Flow 06:32 – Revalidation Process Explained 07:52 – Consequences of Outdated Information 10:27 – Best Practices for Enrollment Management About the Show:  Gosfield and Shay on Health Law is a podcast dedicated to providing healthcare professionals with clear and practical insights into the complex world of health law. Hosted by experienced attorneys, the show covers topics such as regulatory compliance, Medicare, and emerging legal issues in healthcare. With a focus on making intricate legal concepts accessible, the series aims to empower medical practices to navigate legal challenges confidently and effectively.

    13 min
  3. Non Face-to-Face Services in Medicare: Risks and Rewards

    Apr 10

    Non Face-to-Face Services in Medicare: Risks and Rewards

    Episode Summary: In this episode of *Gosfield and Shay on Health Law* attorney Alice Gosfield delves into the complexities and potential pitfalls of billing for non-face-to-face services under Medicare. She discusses the shift in Medicare payment policies, specific documentation requirements, red flags for federal auditors, and the challenges posed by remote physiologic monitoring. Alice also explores rules for split shared visits and the implications for physician compensation models, offering valuable insights for healthcare providers navigating Medicare reimbursement. Key Timestamps: 00:00 – Introduction 03:22 – Shift in Medicare payment policies 07:15 – Documentation requirements for non-face-to-face services 11:45 – Red flags for federal auditors 15:10 – Challenges of remote physiologic monitoring 19:30 – Rules for split shared visits 23:50 – Physician compensation models 27:40 – Special enforcement risks for billing codes About the Show: *Gosfield and Shay on Health Law* provides in-depth analysis and expert insights into the legal landscape of healthcare, focusing on compliance, fraud avoidance, and navigating complex regulatory frameworks in the industry. Hosted by healthcare attorney Alice Gosfield, the show aims to educate and empower healthcare professionals with the knowledge needed to thrive in an evolving healthcare environment.

    11 min
  4. Voluntary Repayments: How Voluntary Are They and How to Do Them

    Mar 13

    Voluntary Repayments: How Voluntary Are They and How to Do Them

    Episode Summary: In this episode of *Gosfield and Shay on Health Law*, healthcare attorney Alice Gosfield delves into the nuances of voluntary repayments in healthcare compliance. She highlights the importance of proactive auditing, the evolving definition of overpayments, common mistakes in calculating repayments, and the significance of proper documentation when returning money. Gosfield also emphasizes the implications of overpayments escalating to false claims and the hefty penalties providers face. Key Timestamps: 00:00 – Introduction 01:30 – Ongoing Internal Auditing for Compliance 04:15 – Definition Changes in Overpayment Rules 06:50 – Calculating Total Repayment Account 08:30 – Safest Way to Return Money 10:45 – Obligations of Healthcare Entities and Vendors 13:20 – Overpayments and False Claims 15:40 – Quality-Based Value Payments and Reporting About the Show: *Gosfield and Shay on Health Law* provides expert insights into Medicare reimbursement, fraud avoidance, and compliance strategies in the healthcare industry. Join for in-depth discussions with industry professionals and legal experts to navigate the complexities of health law.

    11 min
  5. AI in Healthcare (Part 1): Legal Risk, Compliance Oversight, and Provider Liability

    12/16/2025

    AI in Healthcare (Part 1): Legal Risk, Compliance Oversight, and Provider Liability

    Episode Summary: In this episode of Gosfield and Shay on Health Law, healthcare attorney Daniel Shay explores the legal risks and responsibilities physicians and healthcare practices face when using artificial intelligence (AI). From clinical documentation to billing and coding, Daniel explains how AI tools can both improve efficiency and create potential liabilities, including medical malpractice and False Claims Act violations. She shares best practices for staying compliant, reviewing software contracts, and maintaining oversight to protect both patients and practices. Key Timestamps Summary: 00:00 – Overview of AI adoption in healthcare practices. 01:00 – How AI is used in electronic health records, charting, billing, and post-discharge instructions. 02:30 – Medical malpractice and False Claims Act concerns. 04:30 – Why physicians cannot rely solely on software vendors for legal responsibility. 05:00 – How incorrect AI-generated data can impact patient care and billing compliance. 06:30 – Ensuring clinician oversight and experienced coders validate AI output. 08:00 – Key considerations for disclaimers, waivers, and indemnification clauses. 10:00 – Why doctors need to remain actively involved in AI usage and monitoring. 12:00 – HIPAA, fraud and abuse compliance, and emerging AI regulations in healthcare. 13:30 – Practical steps for practices integrating AI tools and staying legally compliant. About the Show: Gosfield and Shay on Health Law offers guidance on healthcare law, compliance, and emerging legal challenges in medical practices. Attorney Daniel Shay shares insights on regulations, HIPAA, billing fraud, and innovations such as AI, helping healthcare providers navigate complex legal landscapes with confidence.

    15 min
  6. HIPAA Compliance for Physician Practices: Common Mistakes and How to Avoid Them

    11/07/2025

    HIPAA Compliance for Physician Practices: Common Mistakes and How to Avoid Them

    Episode Summary: In this episode of Gosfield and Shea on Health Law, healthcare attorney Daniel Shay explains what HIPAA really requires, how it’s enforced, and the biggest compliance mistakes medical practices make. Daniel breaks down the difference between reasonable caution and overreaction, shares real-world examples of costly IT missteps, and offers practical advice for small practices that can’t afford full-time compliance officers. From patient record access to security risk assessments, this episode is a must-listen for physicians and administrators who want to protect their practices while staying compliant. Key Timestamps: 00:00 – Daniel Shay shares how he began practicing health law and what led him to focus on compliance. 02:00 – Explaining HIPAA, PHI, and the most common misunderstandings among physicians. 04:00 – How the Office for Civil Rights (OCR) handles complaints and what triggers investigations. 06:00 – Why failing to conduct regular risk assessments or update policies leads to violations. 08:00 – How misconfigured systems can expose practices to hacks—and what to do if it happens. 10:00 – Why withholding records for unpaid bills violates HIPAA and leads to enforcement actions. 12:00 – Daniel’s practical tips for maintaining compliance without overspending. 14:00 – Why prevention and awareness are key to avoiding HIPAA penalties. About the Show: Gosfield and Shay on Health Law explores key legal issues in healthcare, from compliance and billing regulations to patient privacy and practice management. Each episode features attorneys from Alice Gosfield & Associates, offering straightforward legal insights that help medical professionals stay compliant and protect their practices.

    15 min
  7. Navigating Co-Management Agreements and Clinical Integration Structures

    10/10/2025

    Navigating Co-Management Agreements and Clinical Integration Structures

    Episode Summary: In this episode, Alice Gosfield breaks down co-management agreements and clinical integration for healthcare organizations. She explains what works, what doesn’t, and the essential strategies physicians and hospitals need to create high-performing, legally compliant collaboration models. From aligning financial incentives to building a shared culture, Alice shares actionable insights for anyone developing integrated healthcare programs.   What You Will Learn in This Episode: The definition of co-management agreements and their role in healthcare collaboration Key steps to create compliant co-management agreements Legal and operational elements necessary for effective clinical integration Alice’s four Fs framework: form, function, finance, and feeling The importance of physician-to-physician collaboration Tools like the Clinical Integration Self-Assessment for evaluating group readiness How standardized protocols, performance metrics, and care pathways reduce fraud and abuse risks The role of bundled payments in supporting integrated care models Key Timestamps: 00:00 – Introduction to co-management agreements 02:15 – Creating compliant co-management agreements 04:30 – Understanding clinical integration and its legal origins 05:00 – Alice’s four Fs framework for evaluating integration 06:20 – Physician collaboration and leadership in integrated models 08:15 – Clinical Integration Self-Assessment tool explained 10:00 – Reducing fraud and abuse risks through standardization 12:05 – The role of bundled payments in clinical integration 14:00 – Closing thoughts and next steps for healthcare organizations About the Show: Gosfield & Shay on Health Law is a podcast dedicated to unpacking the complexities of health care compliance, physician group structuring, and federal regulatory policy. Hosted by Alice Gosfield, one of the nation’s leading health care attorneys, the show helps physicians, practice managers, and hospitals navigate the legal landscape with clarity, strategy, and confidence.

    15 min
  8. Stark Law Myths Debunked: What Physician Groups Still Get Wrong

    09/12/2025

    Stark Law Myths Debunked: What Physician Groups Still Get Wrong

    Episode Summary: In this debut episode of Gosfield & Shay on Health Law, nationally recognized health care attorney Alice Gosfield clarifies one of the most confusing areas in physician compliance: Stark Law. Drawing on decades of experience advising physicians, hospitals, and group practices, Alice debunks persistent myths around fair market value, commercial reasonableness, designated health services, and group practice definitions. She explains why billing under a single tax ID doesn’t automatically mean Stark compliance, how incident-to-billing and anti-markup rules really work, and what pitfalls physician groups often overlook. Listeners will come away with sharper insights and practical clarity on how to structure arrangements without triggering Stark violations. Key Timestamps: 00:01 – Show introduction and welcome 02:00 – Alice Gosfield’s background and path into health law 05:10 – What the Stark statute regulates and which providers it applies to 08:30 – The difference between fair market value and commercial reasonableness 12:05 – What counts as designated health services under Stark 15:20 – Why billing under a single tax ID does not guarantee Stark compliance 18:45 – Independent contractors and how they may be paid 22:10 – Can hospitals pay physicians for quality performance? 25:30 – How group practice requirements are structured and common compliance mistakes 29:15 – Understanding “incident-to” billing and the anti-markup rule 34:05 – Compensation models, productivity bonuses, and profit-sharing under Stark 38:30 – Final takeaways and closing thoughts About the Show: Gosfield & Shay on Health Law is a podcast dedicated to unpacking the complexities of health care compliance, physician group structuring, and federal regulatory policy. Hosted by Alice Gosfield, one of the nation’s leading health care attorneys, the show helps physicians, practice managers, and hospitals navigate the legal landscape with clarity, strategy, and confidence.

    18 min
  • 8 Episodes

About

Gosfield & Shay on Health Law is a podcast dedicated to unpacking the complexities of health care compliance, physician group structuring, and federal regulatory policy. Presented by Alice Gosfield & Daniel Shay, one of the nation’s leading health care attorneys, the show helps physicians, practice managers, and hospitals navigate the legal landscape with clarity, strategy, and confidence.

Information

More From The Legal Podcast Network