UW Medical Foundation - Dept. of Medicine
Medical Legal Policies and Procedures
To provide guidance for billing court appearances and other activities associated with medical-legal services, including depositions, legal testimony, and medical chart reviews. A deposition is legal testimony taken out of court and may occur at the attorney’s office or the physician’s office. The attached fee schedule is to provide assistance with determining appropriate fees for services.
“Physician testimony must not be influenced by financial compensation; for example, it is unethical for a physician to accept compensation that is contingent upon the outcome of litigation.” (excerpt from AMA Opinion 9.07 – Medical Testimony)
Policies and Bylaws
DEFINITION OF PROFESSIONAL INCOME
(EXHIBIT G) (from UWMF Bylaws amended 20080415)
The professional income required to be included in Foundation receipts consists of all collected fees derived from the diagnosis and treatment of patients by the Faculty member. Professional income shall also include fees for court appearances, pre-trial legal consultations and all other activities associated with medical-legal services, or other services related to patient care or human health. In addition, professional services include consultation with respect to the operation, supervision and quality control in laboratories.
Professional income does not include honoraria, royalties, lecture fees, military pay, or payment for editing scientific publications. Income received for consultations of a purely scientific or educational nature which do not involve, directly or indirectly, the care of specific patients or consultations involving human health is excluded from professional income; because human health is a broad term, the Foundation Board or a designated subcommittee may grant exceptions as warranted. Work for charitable organizations may also be exempted by agreement of the Foundation and the Dean. All such outside activities must conform to Medical School and UW-Madison rules and regulations governing the conduct of Faculty and academic staff employees.
In accordance with UWMF bylaws, fees received for medical legal testimony and consultation must be turned over to the UW Medical Foundation. Individuals will receive Department compensation plan credit for all fees received. These amounts, net of applicable UWMF taxes, will be passed on to the individuals. The net amount is 83%.
There are two options for the individual's payment:
- The first option is to receive it as a salary payment. In this case all applicable payroll taxes and retirement will be deducted. These salary payments will not be counted as compensation for purposes of year-to-year comparisons in the Department compensation plan.
- The second option is to have the money deposited to an established UW multiple donor fund controlled by the Section Head. If you are the Section Head, the money will have to be deposited to an account controlled by the Department Chair. The dollars can then be used for purposes that are allowable under the UW rules (books, travel, educational supplies, etc.). These payments will not be treated as salary and will not be counted as compensation for purposes of year-to-year comparisons in the Department compensation plan.
- Provide the attorney with the Department of Medicine Fee Schedule.
Please note: The final page of this form requires the signature of the attorney or an authorized signer.
- Have the physician complete the Medical Legal Testimony and Consultation Policy and Selection form. This form outlines the two options for an individual's payment.
- Using the fee schedule as a guideline and the invoice template provided below, prepare an invoice. In an effort to maintain a professional tone please do not hand write invoices.
- Please do not change the "payable to" portion of the invoice. All payments should be mailed to the Department of Medicine administrative offices. In the event that payment is mailed to you please forward to Mickie Dickrell at: 310 N Midvale Suite 304, Madison WI 53705
- Send completed invoice to the attorney's office for payment.
- Send one additional copy to Mickie Dickrell at: 310 N Midvale Suite 304, Madison WI 53705.
- Upon receipt of payment the check will be deposited and the physician's portion added their UWMF paycheck (payroll code MDR).
Medical Legal Invoice (Excel)
If you have any questions or need further information, please contact: