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Spinal Surgery, Cement Systems - Orthoworld

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PRACTICE MANAGEMENT SOLUTIONS<br />

Let’s Get Together: Reasons why<br />

Orthopaedic Practice Mergers<br />

Can Make Dollars and Sense<br />

Author: Doug Free<br />

The adage about strength in numbers can be applied to the concept<br />

of physician practice mergers. In today’s economic and political<br />

climate, it is becoming increasing difficult and costly for many<br />

orthopaedic surgeons to continue going it alone. While many<br />

surgeons fear the perceived costs of practice mergers, such as some<br />

loss of individual autonomy, more and more are finding that the<br />

benefits far outweigh any supposed disadvantages.<br />

The following is an overview of benefits that can flow from the<br />

merger of two or more solo physician practices into an integrated<br />

group. This article is intended for general information purposes and<br />

should not be considered as legal advice. Individuals who need legal<br />

advice should contact an attorney.<br />

Ancillary Services<br />

Most orthopaedic surgeons may find that developing ancillary<br />

sources of practice revenue is a key component of a financially health<br />

practice. The costs and logistics of offering ancillary services such as<br />

MRI or physical therapy, however, are often beyond the reach of a<br />

solo practitioner. This points up one of the major advantages of<br />

practice integration.<br />

Under the Stark regulations, physicians are able to own and selfrefer<br />

to facilities such as MRI or PT, provided that the services are<br />

rendered in the same building in which the physician otherwise<br />

regularly practices. While it is possible for a solo physician to<br />

accomplish this by developing an ancillary income source within his<br />

building, the costs of doing this independently are often too much for<br />

a solo practitioner, and issues also arise as to whether a solo practitioner<br />

has a sufficient patient flow to support the venture from an<br />

economic standpoint.<br />

By becoming part of a group, a host of advantages becomes<br />

available. Interestingly, under what is known as the “Centralized<br />

Facility Exception” to the Stark regulations, a group is able to own<br />

and operate an MRI or PC facility, for example, in a location other<br />

than the group’s primary office. There are specific rules governing<br />

how this is structured, but this clearly becomes an advantage for<br />

physicians practicing within a group structure.<br />

Managed Care Negotiations<br />

Physicians in solo practice are severely limited with respect to<br />

their options for negotiating with managed care providers and<br />

insurance providers. Under applicable antitrust laws, it is illegal for<br />

non-integrated physicians to jointly negotiate in any way.<br />

On the other hand, a fully-integrated medical group has the ability<br />

to negotiate with managed care organizations. In addition, given the<br />

increased “footprint” that comes with being part of a group, it is<br />

likely that an insurance company or managed care organization will<br />

be considerably more receptive to the needs and requests of a group<br />

as compared to the needs and requests of a solo practitioner.<br />

Capital<br />

It is easy to see why a group of orthopaedic physicians can come<br />

up with more capital (and, therefore, take advantage of more<br />

economic opportunity) than a solo practice physician. This, in turn,<br />

makes it feasible to consider important additions such as EMR or<br />

digital x-ray. Furthermore, due to important economies of scale associated<br />

with practice integration, a properly merged group will typically<br />

discover that many economic redundancies associated with solo<br />

practice have been reduced or eliminated as a result of the merger.<br />

Recruitment Advantages<br />

An additional benefit to practice integration exists with respect to<br />

the ability to attract qualified new potential members of the group.<br />

Increasingly, physicians just out of residency are looking for the<br />

strength, security and prestige of a group, as opposed to looking at<br />

solo practice opportunities.<br />

So, how do we do this?<br />

The first step to investigating whether practice integration might<br />

be for you involves identifying a group of physicians with whom<br />

you share a mutual respect in terms of professional abilities and<br />

training. Once this potential group has been identified, it is often<br />

immensely helpful to set up a meeting for purposes of discussing<br />

whether a feasibility study should be undertaken. If there is<br />

sufficient interest then the feasibility study, which is completely<br />

nonbinding, will flush out a host of important issues aimed at<br />

discovering whether or not practice integration indeed makes sense.<br />

Conclusion<br />

In summary, more and more orthopaedic surgeons find that<br />

being part of a group can offer significant advantages that are simply<br />

not possible through solo practice. With proper planning and<br />

structuring, it is indeed possible to merge two or more solo practices<br />

into a successful Integrated Medical Group that will endure and<br />

prosper for many years to come.<br />

Douglas S. Free is a partner with the firm of Kessenick, Gamma & Free,<br />

LLP, which focuses its practice on the business and health law needs of<br />

physicians and medical groups. Mr. Free can be reached at 415-362-6414.<br />

16 ORTHOPAEDIC PRODUCT NEWS • September/October 2009

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