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Malek + Malek is an innovative law firm that exists to change the world for the better.

13/04/2026

No business owner starts a new venture expecting it to end in a dispute. But like any long-term partnership, it’s important to work through potential points of conflict on the front end, before emotions and business pressures are involved.

Conflict can feel uncomfortable, but it’s a normal part of doing business—and, when handled well, can even support growth.

It is far better to have those difficult conversations at the outset than to wait until a disagreement threatens the business itself. By addressing these issues early and including clear provisions for how future disputes or differences of opinion will be resolved, business owners can create a stronger foundation for the partnership and the business.

10/04/2026

The danger of updating a contract template is that you may inadvertently create inconsistent language that leads to costly court battles.

No business leader wants their contracts to be at war with themselves.

Depending on your industry, having an attorney update your contracts annually ensures any language you change remains consistent throughout the document. This avoids conflicts with pre-existing language.

With the advent of AI, we are seeing more business owners leaning on Large Language Models (LLMs), such as Grok or ChatGPT, to create contracts that don’t truly provide protection

For example, a recent case involving a publicly traded company featured an executive who had used completely different venue clauses in stock options and employment agreements. This means legal disputes had to be litigated in multiple geographic areas – a massive disadvantage to the company and a drain on resources.

Even in a sophisticated enterprise, these mistakes still happen and carry very real costs.

For a proactive review of your contracts, contact us.

06/04/2026

⏰Last call to register for our Medcurity webinar this Thursday, April 9.

Participants of this free online event will better understand how policy changes may impact healthcare organizations at the local, state, and national levels. Particularly as the Idaho Legislature comes to an end, it’s important to know what will change and when so you can stay in compliance and make the most of your resources.

Date: Thursday, April 9
Time: 11 a.m. Pacific / 12 p.m. Mountain
Location: Zoom link upon RSVP

Register today!
https://medcurity.com/resources/from-bill-to-practice-webinar/

02/04/2026

Attorney@luke_malek Malek and our colleague hit the road to visit several of the federally qualified health centers that our firm supports in Alaska.

FQHCs are on the front lines of healthcare in rural communities where access to quality providers can be limited. Partnering with these mission-aligned organizations that exist to change the world for the better is an honor and a privilege.

Swipe to see some of the stops along the way!
1. Luke and Mindy bundled up for the Alaska weather
2. Mat-Su Health Services
3. Sunshine Community Health Center
4. Alaska Primary Care Association Offices
5. Anchorage Neighborhood Health Center
6. Girdwood Health Clinic/Turnagain Community Health
7. Peninsula Community Health Services
8. The tallest mountain in North America - Denali

31/03/2026

Using AI in your healthcare practice can make you more efficient but also creates a minefield of potential legal issues if you’re not careful, including the potential to compromise security, confidentiality, and the professionalism of the platform.

Having AI take notes during a visit to allow the provider to focus on the patient is one thing, but leaders must understand the critical legal risks. Before leaning on AI too heavily in your clinic, evaluate:

• Security: Does the system safeguard PHI under HIPAA and state privacy laws?
• Confidentiality: How is patient data stored, accessed, and deleted?
• Vendor reliability: Is the AI embedded in a compliant, reputable EHR platform?
• Scope of use: Are providers relying on AI within clinically and legally appropriate boundaries?

Ensure your legal and compliance foundations are sound so you can feel confident with how AI is used in your clinic or practice.

30/03/2026

When a federally-qualified healthcare center (FQHC) has a change in scope, it’s a big deal.

Many aren’t aware that a change in scope means they can renegotiate their Prospective Payment Systems (PPS) rate with the state.

It can feel like a mysterious process, but it shouldn’t. Our attorneys at Malek + Malek can help you negotiate and create a standard process so you can do it in-house in the future.

27/03/2026

Considering offering a short-term rental this summer? Make sure you’ve thought through the legal implications. What seems like quick cash can quickly become a legal headache. Our attorneys can help you determine if a short-term rental is right for your property, identify risks and work with your CPA to ensure you know what you’re getting into.

Learn more on our blog
https://www.malekattorneys.com/blog/ready-to-list-your-short-term-rental/

25/03/2026

Our upcoming webinar with Medcurity Webinar will feature Attorney Luke Malek and Kyle Rooks covering concepts like:

• The Nuance Filter: Why a bill’s length is a deceptive metric for its impact. Small bills can be major, particularly for healthcare organizations caught off guard.
• The Power of Definitions: A deep dive into how changing legal terms (like “provider” or “covered entity”) can instantly shift your legal obligations.
• Reading in Parallel: How to compare new bills against underlying statutes to see the “hidden” changes.
• Fact vs. Friction: How to separate official legislative language from media or public commentary to find the truth.

You won’t want to miss this.

Sign up today -> https://medcurity.com/resources/from-bill-to-practice-webinar/

24/03/2026

Great legal work is a team effort Tara Malek shared what that looks like behind the scenes on the Women In… podcast.

In this wide-ranging conversation about Tara’s path from federal prosecutor to co-owning a firm built on collaboration, Tara reveals how our team of litigators, transactional attorneys, assistants, and client experience specialists all row in the same direction. Shoutout to Peyton Gerbing for being a phenomenal legal assistant!

A huge thank you to Toni Will for creating a thoughtful space for this conversation.

Listen to the full episode here https://pod.link/1745524618

23/03/2026

When you work with Malek + Malek you have a team at the ready for proactive guidance and legal support.

A Medicaid clawback occurs when a state or federal agency tries to recoup payments it believes were improperly made to a healthcare provider. Often tied to billing, documentation, eligibility, or compliance issues, clawbacks can show up months or even years after services were provided.

For health centers, clawbacks can be financially disruptive and time-consuming, even when there was no intent to bill incorrectly.

Our team routinely works alongside providers to reduce clawback risk before it ever becomes an issue. We help providers align billing practices, documentation, and compliance workflows with complex Medicaid and federal payer requirements so they are less likely to trigger recoupment actions in the first place.

And when clawbacks do arise, that same preventive foundation matters. Clear policies, defensible records, and compliant processes can strengthen a provider’s position and improve outcomes when challenging improper recoupment efforts.

In today’s enforcement environment, proactive legal support is about protecting mission-driven health centers so they can stay focused on patient care, not repayment disputes.

20/03/2026

Is your contract actually enforceable?

Vague language, lacking the required signatures, any violations of state laws, or omissions of essential terms can render your contracts unenforceable in a court of law. Poorly drafted agreements or missing disclosures can make it difficult to prove intent or hold the parties accountable, leading to expensive resolutions in court.

To review and recommend updates to your contracts, visit our website and set up a consultation with one of our experienced business attorneys.

18/03/2026

Important Legal Updates for Idaho Healthcare Providers on Minors’ Consent for Substance Use Disorders Treatment

Did you know that minors age 16 and older in Idaho no longer have the legal ability under state law to provide informed consent for substance use disorder diagnosis, treatment, or rehabilitation on their own?

Absent an emergency or a court order, informed consent must now be obtained from a parent or from an individual who has been granted exclusive authority over the child’s welfare under Idaho law.

This change has important downstream effects. When a parent provides informed consent, that parent also becomes financially responsible for the care and, with limited exceptions, has the right to access the minor’s substance use disorder treatment information.

Our recent blog on this topic contains more info.

https://www.malekattorneys.com/blog/idaho-substance-use-disorder-consent-updates/

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A Different Kind of Law Firm

Smith + Malek is a people-first business law firm dedicated to making tomorrow better for our clients, employees, and the communities in which we live and work. We offer practices in healthcare, natural resources, corporate litigation, transactions, real estate, and tribal and Indian law. Learn more at smithmalek.com.