The medical industry, with its plethora of specialties and sub-specialties, offers various opportunities for professionals to expand and diversify. One such opportunity arises when considering the purchase of a medical book of business – essentially, acquiring a pre-established patient list or client base. But as with any significant transaction, there are multiple factors to weigh before proceeding.
Here, we delve into the essential considerations for anyone contemplating buying a medical book of business.
1. Valuation and Price Assessment:
- Ensure that the price of the book of business is justified. This might involve evaluating the profitability of the patient list, the frequency of patient visits, and the average revenue per patient.
- Seek expert advice on how the book of business has been valued and consider getting an independent valuation.
2. Data and Confidentiality:
- Understand the privacy laws and regulations surrounding the transfer of patient data. You’ll need to ensure that patient confidentiality is maintained and that any transfer of records complies with laws such as the Health Insurance Portability and Accountability Act (HIPAA) or its regional equivalent.
- Secure a confidentiality agreement during the negotiation phase to protect sensitive information.
3. Transition and Integration:
- Consider how the acquired patient base will be integrated into your current practice. This involves logistical aspects like scheduling, follow-ups, and ensuring that the new patients receive the same quality of care.
- Strategize an effective communication plan to inform the new patients about the transition and reassure them about continued care quality.
4. Liabilities and Claims:
- Investigate any potential or ongoing malpractice claims linked to the book of business. Ensure that any potential liabilities are clearly outlined and addressed in the purchase agreement.
- It may be wise to incorporate a warranty or representation concerning undisclosed liabilities.
5. Non-compete and Non-solicitation Clauses:
- If the seller is a retiring medical professional or a medical entity winding down, consider having a non-compete clause in place to prevent them from setting up a competing business within a specified radius or timeframe.
- Similarly, a non-solicitation clause can prevent the seller from reaching out to and potentially reclaiming patients after the sale.
6. Review Agreements and Contracts:
- Thoroughly review any existing contracts or agreements linked with the book of business. This can include partnerships, equipment leases, and property leases, ensuring there are no unfavorable terms.
7. Due Diligence:
- As with any business transaction, conduct a comprehensive due diligence process. This might involve examining financial records, patient feedback, and any regulatory compliance issues.
Navigating the Purchase:
Acquiring a medical book of business can be a transformative step, potentially fueling growth and expansion. However, due to the intricate nature of the medical field, coupled with legal complexities, expert guidance is indispensable.
At Falcon Law PC, our seasoned team is adept at navigating the legal landscapes surrounding such acquisitions in the medical realm. For meticulous legal advice and guidance tailored to your unique situation, get in touch with us at 1-877-892-7778 or email info@falconlawyers.ca.
