Living dossier · 8 linked objects · state as of
Corporate practice of medicine
California prohibits lay control of clinical judgement. No regulation enumerates the levers through which control is actually exercised, so the prohibition is unenforceable in the structural cases and simultaneously over-readable against ordinary administrative services.
What the law provides
The corporate-practice doctrine and the professional-corporation provisions prohibit lay interference with professional judgement. The Attorney General reviews certain health-facility transactions. Management-services agreements are now the standard structure and are not themselves unlawful.
The gap
Eight levers determine independence in practice — productivity targets, panel size, referral steering, template design, coding pressure, staffing ratios, schedule control, termination without cause — and none is named in any instrument.
The KPSGILL position
Implement the statute by regulation: enumerate the eight levers, expressly permit ordinary administrative services, require disclosure of the management agreement to each licensee practising under it, and make the target-setter traceable. Preferred sequencing omits a private right in the first instrument — enumerate, disclose, trace, then measure enforcement before adding a cause of action.
The open question
If capital exits underserved markets when the acquisition model becomes more expensive, does enumeration protect physician independence at the cost of access? The proposal names this as a monitoring obligation rather than answering it.
Litigation
No KPSGILL litigation object yet. Enforcement under the doctrine is rare, which is the point the proposal turns on.
Everything KPSGILL has published on this
Derived from the topic entity in the entity registry. A page tagged to this topic appears here without this dossier being edited.
- The Corporate Practice of Medicine Doctrine in California
- Who Controls Clinical Judgment
- Hospital Employment and Staff Independence: Two Relationships, One Employer, and the Question Nobody Asks
- Capitation and Clinical Independence
- Private Equity and the Medical Practice
- Fee Splitting and Referral Payment Restrictions
- Restrictive Covenants in California Physician Employment
- Compensation Models and Incentives: Where Payment Design Becomes Lay Control
How progress would be measured
- Complaints alleging enumerated levers, and disposition
- Management agreements disclosed to practising licensees
- Documented clinical overrides and any adverse action following one
Entity topic.corporate-practice-of-medicine · all dossiers · event timeline · methodology