Healthcare & FDA Law Blog

AKS Safe Harbors

When it comes to healthcare law, few regulations are as critical and as complex as the Anti-Kickback Statute (AKS). This federal law prohibits the exchange of anything of value to induce or reward referrals of business to federal healthcare programs. In other words, if a healthcare provider offers or accepts any kind of kickback for […]

Are Kickbacks Illegal?

Kickbacks are improper payments or compensation made in exchange for preferential treatment, services, or referrals. They are illegal in many industries, especially in regulated sectors like healthcare, government contracting, real estate, and corporate procurement. These arrangements are often disguised as consulting fees, referral bonuses, or profit-sharing. In the U.S., laws such as the federal Anti-Kickback [...]

Does Stark Law Apply to Medicaid Patients?

The Stark Law, also known as the Physician Self-Referral Law, is a federal statute that prohibits physicians from referring patients for certain designated health services (DHS) payable by Medicare to an entity with which the physician or an immediate family member has a financial relationship, unless an exception applies. The law is designed to prevent […]

Doctor Not Paying Rent for Surgery

A doctor not paying rent for a surgery space, equipment, or medical suite leads to consequences that extend beyond a typical lease default. In addition to potential eviction or legal action, the situation can raise serious regulatory and compliance risks. This happens if the lease wasn’t properly structured under laws like the Anti-Kickback Statute (AKS), […]

Examples of Pharmacy HIPAA Violations

Pharmacies should consult with experienced healthcare lawyers to understand what conduct may qualify as a HIPAA violation, the penalties for violations, and to get answers to HIPAA compliance questions.

How to Transfer Medical Records Between Doctors Safely

Physicians and medical practices who merge their practices, sell, or acquire a medical practice need to notify their clients about the transaction so they can make informed decisions about their doctors and their medical records.

What Is An MSO/MSA And How Does an MSO/MSA Benefit My Med Spa?

A MSO helps separate the medical side of a med spa from the business side of the med spa. A properly drafted MSA helps clarify the roles of the MSO and federal and state compliance issues.

Marketing Stem Cell Therapies as a Chiropractor: FDA & Legal Pitfalls to Avoid

Chiropractors marketing stem cell therapies face FDA and FTC enforcement risks due to unapproved treatments and misleading advertising claims. Learn how to avoid regulatory penalties, structure legal partnerships, and ensure compliance with state and federal laws.

Clinical Trial Compliance Key FDA Regulations for Research Organizations

Clinical trial companies must comply with FDA regulations, informed consent laws, and IRB requirements to ensure ethical and legal compliance. Learn how to navigate 21 CFR Part 50 & 56, manage patient safety protocols, and avoid regulatory penalties when conducting research.

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