Botox, Fillers, IV Hydration… oh my! Sound like the Wizards of Oz, doesn’t it?

So many medical spas and IV hydration clinics are opening, everyone wants to know the steps they need to take to launch. What agreements are necessary, what partners do you bring in, what do you do about a lease, where do you start?

Hi, I’m Michael H Cohen founding attorney of Cohen Healthcare Law Group.  We provide legal strategy and regulatory advice to businesses like you that accelerate health and wellness.

The first question is who is seeking the legal advice: are you the physician or another healthcare provider like a nurse practitioner, a psychologist or health coach? Or maybe you are an entrepreneur on the business side?

If you’re a clinician, then you could establish a professional corporation to house the clinical side … but you still have to figure out legally, whether the medical doctor has to be involved in either supervision or collaboration, depends on the state.

If you’re a health coach and you’re not licensed as a clinician, you’re in the same legal position as the businessperson.  Healthcare entrepreneurs can create an MSO to house the management and marketing part of the operation.

The next question is whether you’re going to want any of the clinicians as a shareholder, director, officer or employee of the clinical entity (if you’re a clinician) or the MSO (if you’re the non-clinician businessperson).  There are four different roles and each has different legal pros and cons.  We can go over these in a Legal Strategy Session with you.

Remember that you’ll need a legal agreement, a contract, for each role; so for example, let’s say you’re the Nurse Practitioner, you’re hiring a Registered Nurse, you’re going to want an employment agreement that captures your interests within the document.

If you’re the MSO owner, you’ll want an MSO agreement between you and the professional medical corporation that doesn’t run afoul of the anti-kickback and corporate practice of medicine prohibitions, yet still gives you a good amount of business leverage. That’s important.

Thanks for watching, when you have questions please contact us, we look forward to seeing you soon.