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Getting Ready for Changes Under the Affordable Care Act

The Affordable Care Act is here to stay, now that the U.S. Supreme Court has upheld the landmark statute.​  Physicians can anticipate significant changes to their medical practices, based, in part, on the dramatic increase in new patients.  New methods of structuring the practice of medicine and professional relationships, such as Accountable Care Organizations (ACO's) and medical homes, are intended to increase patient care and safety, avoid duplication of medical services, and lower costs.

In order to achieve these goals, physicians will have numerous new relationships from which to choose.  Physicians will have to look at how much control they want to exercise over patient care.

However, the ACA also presents  significant potential increases in risk.  Increases in patient numbers will require efficient office procedures to properly track patient care.  The emphasis on Electronic Medical Records will raise issues concerning cost, templates, alerts, overuse of checklists, and limited use  of narrative or free text to document your medical reasoning.

Traditional legal standards, such as "Captain of the Ship" and vicarious liability, will still apply to medical malpractice litigation.

The flexibility of participating in the new Accountable Care Organizations (ACO's), and medical homes, will raise issues as to the nature of the legal relationship, involving partnerships, contracts, vicarious liability and indemnification.  Analyzing your potential new relationships will reduce risk to patient care, as well as financial risk involved with the cost reduction goals of the ACA.

 

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