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Started By
Message
Legal question.... UCC Liens against medical records?
Posted on 10/31/20 at 2:04 pm
Posted on 10/31/20 at 2:04 pm
I have a friend trying to purchase a dental practice from another dentist who is filing for bankruptcy. He has overextended himself and is within days of "folding" and there are a number of liens against his "practice". My friend want to purchase the "goodwill" and have access to patient records. My question is this:
Wouldn't it be some sort of HIPPA violation to include patient records in a UCC lien or filing? If so - are there any ways around that?
TIA.
(PS - my friend would also like to have access to his website and phone number for obvious transference purposes - what about that stuff?)
Wouldn't it be some sort of HIPPA violation to include patient records in a UCC lien or filing? If so - are there any ways around that?
TIA.
(PS - my friend would also like to have access to his website and phone number for obvious transference purposes - what about that stuff?)
12
Posted on 10/31/20 at 2:06 pm to tigerhoney
You have good friends who are dentists!
Posted on 10/31/20 at 2:08 pm to tigerhoney
Will advise for new pics.
This post was edited on 10/31/20 at 2:09 pm
Posted on 10/31/20 at 2:50 pm to tigerhoney
Your friend may need an attorney
Posted on 10/31/20 at 5:23 pm to tigerhoney
Who the hell buys a business without having a lawyer involved from the beginning?
Your friend sounds not smart.
...and it’s HIPAA, not HIPPA.
Your friend sounds not smart.
...and it’s HIPAA, not HIPPA.
Posted on 10/31/20 at 5:49 pm to tigerhoney
Purchasing a business in bankruptcy is risky. Has your friend received all the court filings? Your friend needs his/her own attorney but should look at the court filings to know if it's worth hiring an attorney.
Posted on 10/31/20 at 5:55 pm to tigerhoney
you need a super experienced attorney (in both bankruptcy and M/A/acquisitions) who will also need to review the details to give you an answer
Posted on 10/31/20 at 5:56 pm to tigerhoney
quote:
Wouldn't it be some sort of HIPPA violation to include patient records in a UCC lien or filing? If so - are there any ways around that?
HIPPA?
Why would patient records be included in a bankruptcy filing?
This post was edited on 10/31/20 at 5:57 pm
Posted on 10/31/20 at 5:58 pm to Ancient Astronaut
well she said UCC for that one, not bankruptcy
Posted on 10/31/20 at 6:00 pm to SlowFlowPro
That’s what I meant. I’ve been drinking.
This post was edited on 10/31/20 at 6:01 pm
Posted on 10/31/20 at 6:05 pm to Ancient Astronaut
your question is still valid either way, lol
my point was that the liens and bankruptcy create different issues potentially and this is a very complicated mess
my point was that the liens and bankruptcy create different issues potentially and this is a very complicated mess
Posted on 10/31/20 at 6:22 pm to SlowFlowPro
quote:
very complicated mess
It becomes more of a mess if the seller Dentist opens up a new dental practice.
Posted on 10/31/20 at 6:40 pm to titmouse
quote:
Will advise for new pics.
I'm simple, I'll be satisfied with the old ones.
Also, your friend needs an attorney, not just a friend with an internet connection and a historic TD user account.
This post was edited on 10/31/20 at 6:42 pm
Posted on 10/31/20 at 6:46 pm to tigerhoney
quote:
Wouldn't it be some sort of HIPPA violation to include patient records in a UCC lien or filing? If so - are there any ways around that?
The UCC filing only gives a general description of the collateral. It will say all equipment, patient receivables, and patient records and nothing else.
Posted on 10/31/20 at 6:59 pm to tigerhoney
I don't know the answer, but you should definitely seek your legal advice on the OT.
Posted on 10/31/20 at 7:08 pm to tigerhoney
I love legal self help on transactions and tax planning. Bravo to your friend on this one. Bravo.
Posted on 10/31/20 at 7:16 pm to tigerhoney
1. Not buying anything other than the "goodwill" (ie, patient records ie, the patients ie, the doctors recommendation that all patients transfer to the new doctor ie, my friend)
2. Yes - it is "HIPPAA" (thank you acronym natzis)(BTWGFY)
3. Attorneys are on the way.... this all just started happening
2. Yes - it is "HIPPAA" (thank you acronym natzis)(BTWGFY)
3. Attorneys are on the way.... this all just started happening
This post was edited on 10/31/20 at 7:22 pm
Posted on 10/31/20 at 7:29 pm to tigerhoney
It’s nazi not natzi
Posted on 10/31/20 at 7:32 pm to tigerhoney
This is a situation that 100% warrants an experienced attorney. Definitely would not wing this.
Posted on 10/31/20 at 7:35 pm to tigerhoney
Good to see u TH. The only times I’ve seen this the purchasing physicians paid way too much for the business and both times they ended up getting screwed, and not the enjoyable way
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