Lawyer for massage therapists and physiotherapists

You have just obtained your degree as a physiotherapist and are considering opening your first practice? You have received a notice of overpayment from the CPAM and are seeking to challenge a reimbursement decision or defend yourself in the context of a dispute? Contact our lawyers for physiotherapists for a complete service. Whether for opening your practice, managing professional relationships, or defending yourself in case of a dispute, we offer you the best solutions and a turnkey service.

Since 1994, we have been supporting all health professionals in various fields. Thanks to our experience and expertise in health law, we can meet all your needs. We can handle all administrative procedures for opening your practice, drafting your contracts or agreements, and defending your interests before the competent courts. Whether it is for a challenge to your professional liability or for disciplinary proceedings, you can count on us.

Attorney for massage therapists and physiotherapists: setting up and opening a practice

The installation and opening of a physiotherapy practice require numerous steps:

• registration with the bar association;
• choice of a place of practice;
• registration of activity with the health insurance;
• choice of a legal status;
• application for registration of the company, etc.

However, with the support of our specialized lawyers for physiotherapists, you will benefit from comprehensive assistance. First, registration with the Order of Physiotherapists involves gathering several supporting documents to submit to the departmental council.

To help you, we handle the preparation and follow-up of your file until its completion. Registering the activity with the Health Insurance is also an essential step. This formality involves submitting a complete file and attending an information meeting designed to present the tools and obligations related to the profession. We ensure that your file is complete and compliant, facilitating your registration and the obtaining of your essential administrative documents.

You will then be able to obtain your RPPS number as well as a health professional card (CPS).

As for the legal status, whether practicing alone or with other professionals, this decision influences not only the structure of your company, but also your taxation, responsibilities and development possibilities. Options range from the sole proprietorship to corporate forms such as SELARL, SELAS, SCP or SCM. Each solution has advantages and disadvantages that it is crucial to evaluate according to your professional objectives.
For a suitable choice, we provide you with a team of corporate law lawyers and health to advise and guide you. In addition to the choice, they handle the drafting of bylaws, internal regulations and shareholders' agreements if necessary. With our expertise, you will also benefit from support for the registration procedures of your company.

In addition to these formalities, we help you take advantage of available financial aid. If you plan to set up in an area classified as underserved by the ARS, several schemes can significantly reduce your initial costs. Whether it is the incentive contract for physiotherapists or the practice creation aid contract, which provides up to 49,000 euros in aid, we advise and assist you with applications to maximize your chances.

Lawyer for physiotherapists: assistance in case of activity inspection

Our lawyers for physiotherapists also assist you throughout the life of your practice or activity. Indeed, physiotherapists are often faced with activity checks conducted by the CPAM and the medical advisors of the Medical Service to verify the conformity of the acts performed and billed.

This sometimes leads to litigation following the finding or presumption of irregularities, notably:

• the absence of a physiotherapy diagnostic assessment (BDK);
• overbilling of procedures;
• non-compliance with medical prescriptions;
• irregularities in the duration of treatment, etc.

These situations can lead to financial claims, or even disciplinary sanctions or criminal penalties. It is to avoid these types of disputes that our firm Macfarlanes LLP offers personalized support from the notification of activity control. We help our clients prepare for their interview with the Medical Service, by preparing the necessary documents.

In the event of a notification of irregularity, we can analyze the alleged facts to build a solid case in order to respond to the observations made. Thanks to our expertise, we ensure that the professional's rights are respected and that the procedures are carried out transparently. This step is very important to limit the risk of subsequent litigation and protect the reputation and integrity of the practitioner.

If the pre-litigation phase does not resolve the dispute, we also provide full representation during the litigation phase. Whether in the event of notification of overpayments, financial penalties, or proceedings before disciplinary sections or social insurance chambers, we develop a strategy tailored to each situation.

We meticulously analyze the arguments put forward by the CPAM or the Medical Service and defend the interests of the physiotherapist with rigor and professionalism. This also involves drafting written observations, preparing defense arguments, and, if necessary, negotiating for a sentence adjustment. This work is essential to limit the financial and legal impact of the proceedings, while allowing the professional to focus on their activity and relationship with their patients.

Lawyer for massage therapists and physiotherapists: professional liability and contractual litigation

Massage therapists and physiotherapists are health professionals often faced with situations that engage their professional liability and contractual disputes. Moreover, some of them are sometimes accused of serious acts, such as violence. These accusations can lead to legal proceedings involving claims for financial compensation or disciplinary procedures, which require rigorous defense to preserve the integrity and reputation of the professional.

At Macfarlanes LLP, our lawyers for physiotherapists are available to defend you in all these situations. In the event of a complaint for medical fault or error, we assist our clients during expert assessments in collaboration with specialists. This phase is essential to objectively evaluate the alleged facts and attempt to reach an amicable solution.

In the event of litigation, we prepare an adapted defense strategy, whether before civil courts, administrative, criminal or professional disciplinary bodies. We ensure that our clients have all the necessary elements for an effective defense. In cases of slanderous denunciations, our lawyers in business criminal law support our clients by providing clear legal advice to guide their defense.

We also intervene to assert their rights when the accusation proves unfounded and proceedings against the perpetrators of the false denunciation are necessary. Regarding cases of contractual disputes, our firm is also specialized in managing litigation between physiotherapists and their professional partners or patients. These disputes, often related to contractual clauses, unfulfilled obligations, or financial disagreements, require in-depth analysis and an appropriate resolution.

We prioritize amicable solutions when possible, in order to preserve professional relationships and limit the costs and delays inherent in legal proceedings. However, if conciliation is impossible, we ensure rigorous defense before the competent courts. Our support is based on attentive listening and a personalized approach, adapted to each situation.

Lawyer for physiotherapists: transfer of agreement

The transfer of agreement status is a process by which a healthcare professional, such as a physiotherapist, transfers their status as a contracted practitioner to their colleague. This allows the buyer to practice in an area where agreement status is limited, often referred to as an oversupplied area, i.e., a region where the number of healthcare professionals exceeds the threshold set by the Health Insurance.
The latter then inherits the ability to work under the contracted regime, meaning they can benefit from rates reimbursed by Social Security and access an already established patient base. Sometimes, this transfer also includes the transfer of the patient base and equipment, which is an advantage for quickly starting a stable activity. This mechanism, although useful, is governed by strict rules.

The procedures involve legal, administrative, and tax aspects that must be respected for the transfer to be validated by the Health Insurance and for both parties to be protected. Indeed, our team of lawyers for physiotherapists intervenes to support physiotherapists throughout the convention transfer procedure.

We ensure the drafting and negotiation of contracts, ensuring that the rights and obligations of each party are respected. We also assist our clients in the valuation of the patient base, taking into account objective criteria and guaranteeing a fair transaction.

Furthermore, we handle all administrative formalities with the competent authorities to ensure the entire process complies with regulatory requirements and that the transfer is validated. Contact us now to schedule an appointment.