Jared Kent Nelson

In addition to general business law topics, hospitals, physicians and other healthcare providers have to contend with numerous federal and state regulations that are specific to the healthcare industry. These include fraud and abuse laws (Stark and Antikickback), health information privacy (HIPAA and HITECH), and other high profile topics of government enforcement.

Most business operations are based on legally enforceable "promises," which are ideally set forth in written agreements ("contracts"). It is important to understand that while many "forms" are available to businesses, the best contract will be custom tailored to accurately reflect the particular business transaction. A contract establishes the "law" applicable to a business relationship and should be given appropriate consideration.

Most businesses encounter a variety of legal relationships in their course of dealing, whether involving employees, independent contractors, vendors, lenders, bankers, suppliers, customers, professionals, regulators, etc. All of these relationships and their corresponding requirements fall within the purview of business law.

The most popular form of business entity is the limited liability company (LLC). This is predominantly due to the flexibility afforded to the business, as to both limited liability and tax treatment. The owners can choose a structure that is more like a corporation or a partnership, and virtually anywhere in between.