Complementary, alternative, and
integrative medicine is one of our national specialties
integrative medicine is one of our national specialties
Michael H. Cohen is the premier legal scholar in the U.S. on complementary and alternative medicine and integrative medicine legal issues. Author of six books on legal issues in integrative health care, Michael cares about advancing the law affecting complementary and alternative health, in all its dimensions, and advising healthcare practices, facilities, and companies that are pioneering in the field of complementary, alternative, integrative therapies, whether these involve such arenas as:
- Acupuncture and traditional oriental medicine
- Ayurvedic medicine
- Breathing techniques
- Chiropractic
- Dietary supplements and natural products
- Energy healing and energy medicine
- Guided imagery, hypnosis, and progressive relaxation
- Healing touch, therapeutic touch, Reiki
- Herbal medicine
- Homeopathy
- Integrative cardiology
- Integrative oncology, integrative pediatrics, integrative pain management
- Massage therapy and manual therapy
- Mind-body medicine
- Nutrition and lifestyle approaches to health
- Osteopathic medicine
- Yoga and meditation
Michael’s book, Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives, published by Johns Hopkins University Press, set the bar for legal work in the field of complementary, alternative, and integrative medicine. Michael taught Complementary and Alternative Medicine Health Law & Policy at Harvard School of Public Health. He has given talks on complementary and integrative medicine to medical doctors and other audiences, including at:
- American Academy of Physician Assistants
- Banner Health Systems
- Beth Israel Deaconess Medical Center
- California Society of Addiction Medicine
- Connecticut Hospital Association
- Columbia University, College of Physicians & Surgeons
- Community Memorial Hospital of San Buenaventura
- Harvard Law School
- Harvard Medical School
- Hastings School of Law
- Johns Hopkins University School of Medicine
- Kaiser Hospital
- Lawrence & Memorial Hospital
- Massachusetts General Hospital
- McGill University
- D. Anderson Cancer Center
- North Shore Long Island Jewish Health System
- Oregon Board of Naturopathic Medical Examiners
- Seton Hall Law School
- Society of Air Force Physicians
- Stanford University School of Medicine
- UCLA School of Medicine
- University of Arizona Health Sciences Center
- University of California, Irvine College of Medicine
- Veterans Administration
- Whittier Law School
- World Health Organization, Gulf Cooperation Council, and Saudi National Center for Complementary and Alternative Medicine
And he served as a Consultant to the report by the Institute of Medicine (IOM) on Use of Complementary and Alternative Medicine in the U.S.
Beyond Michael, our team of healthcare legal experts takes seriously the integration of mind, body and spirit as a focal point of our professional work and personal lives.
Licensing and Scope of Practice Issues Applicable to Complementary and Integrative Medicine Practitioners
Every state has legal rules that restrict practice boundaries (scope of practice) for non-medical health care professionals, such as acupuncturists, chiropractors, nurses, and psychologists. Practitioners and health care entities have to ensure they do not run afoul of these scope of practice legal rules. Our complementary and alternative attorneys and integrative medicine lawyers advise a variety of health care providers and business entities concerning compliance with credentialing, licensure, and scope of practice rules.
Some states, such as New York, spell out clearly who can offer health care practices and the legal definitions for and boundaries of these practices. Other states have more amorphous legal definitions. Some states, such as California, have medical freedom laws that allow non-licensed healers to provide services. Such states still have prohibitions, though, on the unlicensed practice of medicine, and it takes careful drafting to create appropriate office policies and forms for practitioners.
Our law firm has represented and given legal advice to a broad array of health care practitioners and healthcare facilities, including:
- Acupuncturists and Doctors of Traditional Oriental Medicine
- Chiropractors
- Energy Healers and Shamans
- Homeopaths and Homeopathic Physicians
- Hospitals with an Integrative Medicine program or department
- Integrative Medicine Centers
- Integrative Oncologisss
- Massage Therapists, Bodyworkers, and Somatic Practitioners
- Naturopathic Physicians
- Nurses
- Physicians (MDs and DOs)
- Practitioners of Ayurvedic Medicine
- Psychiatrists
- Psychologists and other mental health counselors
- Spiritual Healing Practitioners
- Veterinarians using CAM (complementary & alternative medicine)
- Yoga Teachers and Yoga Studios
Our healthcare lawyers will address many legal issues of concern to our complementary and integrative medicine clients, including:
- Unlicensed medical practice
- Professional discipline
- Informed consent
- Scope of practice
- Practice guidelines
- Disclosure and other legal requirements pertaining to non-licensed CAM and other health law professionals; and
- Other health care legal issues.
In addition, our health care and business law attorneys advise on legal issues in specialty areas such as:
- Anti-Aging Medicine
- Functional Medicine
- Imaging Centers
- Independent Diagnostic Testing Facilities (IDTFs)
- Intensive Outpatient Program (IOP)
- Medical Tourism
- Physical Medicine & Rehabilitation (PM&R)
- Rehabilitation Medicine
- Sleep Medicine
- HCG for Weight Loss
Our complementary & integrative medicine lawyers understand these niche practice areas and the importance of focusing legal attention on the relevant issues.
For example, in addition to advising scores of integrative medicine practitioners and centers, we also advise conventional medical facilities, hospitals, medical groups, and treatment centers that wish to incorporate complementary and alternative medical approaches or providers into their healthcare services.
Among others, we advised an IOP, which typically includes a half-day of treatment (for treat mental health conditions or substance abuse disorders), as an initial point of entry into care, as a step up from less intensive outpatient services, or as a step down from acute inpatient, residential care or a partial hospitalization program (PHP). Creating an IOP outside the typical hospital setting can involve legal issues, including:
- Corporate (and unlicensed) practice of medicine
- Corporate (and unlicensed) practice of nutrition or dietetics
- Corporate (and unlicensed) practice of psychology
- Employment Issues
- Fictitious name permit
- HIPAA
- Liability (negligence)
- Management (MSO) Agreement
- Professional Liability Insurance
- Rules governing professional corporations
- Self-referral, anti-kickback, and fee-splitting concerns
- Staffing & Scope of practice limitations on providers
- Standard of care
- Third-party insurance reimbursement
FAQ
Great! Let us know and we’ll do a conflicts check and then send you an engagement letter. Typically we want to know if we are going to represent you as an individual, or your entity (corporation or LLC); we’ll also want to know your website and some basic contact information.
Review our legal services to see some of the areas we like to work in; check our testimonials, client roster, and experience; read some of our blog posts; check out our Linked In community; or just call or email us to explore. Put simply, we represent health and wellness products, technologies, practices and ventures that accelerate health and healing.
We are very comfortable working with clients via phone and email. You can sign, scan and email the engagement letter, and submit the advance by check or online.
The answer depends on the complexity of the project. Each client’s situation is different. We want every client to receive the best possible advice, and so we want to be in a position to devote as much time as is required to do that. Look to our testimonials, client roster, and experience. We work with our clients effectively and efficiently and build long-term relationships based on mutual trust. We bill hourly and do not offer project or flat fees. Lawyering is an art, not a science – we’re intuitive as well as skilled lawyers.
Yes, like most law firms, we require an advance against fees and costs. Our typical advance ranges from $3,500 – $10,000. We offer our expertise and savvy and work hand-in-hand with you toward your goals. Occasionally, we will offer you a one-hour consult as a way to jump-start our work together, and give you an overview of critical issues, with guidance on the critical business cross-roads you’re facing. We do not take equity or deferred compensation.
Our Firm doesn’t quite “quotes” or answer “how much does it cost.” Through long experience, we’ve found that the answer is pretty much meaningless. Some lawyers and law firms give quotes, but if you read the accompanying disclaimer, you’ll see that the disclaimer basically says that you can’t depend on the quote for anything. In our long experience, “how much it costs” depends on a lot of variables, including:
- What the client is asking for
- What the client really needs
- What the client doesn’t know they don’t know
- What we discover as we dive into the legal research and analysis
- How complicated the problem really turns out to be
- How much client will want to do on their own
- Whether we can find some elegantly simple solutions to sub-parts of the puzzle
- What decisions we make together, and separately, as we explore the puzzle and put solutions and strategies together
In many cases, we might think a project is very complex but then as dig in, we can make executive decisions and recommendations that save the client dozens of hours of lawyer time and tens of thousands of dollars. This happens a lot with our clients. In other cases, the client might think the problem is simple but as we start to review it, the puzzle is much larger; sometimes the client throws in extra facts and complications at the last minute, and that will increase the expense and work; sometimes we’ll give the client “homework” so they can DIY a piece, taking it outside the need for lawyer time.
One thing we do is get our clients frequently on the phone. We find that the Legal Strategy Session often cuts through the fog. Where we need to do a chunk of written legal work, we’ll do so and let you know that’s what we think is needed. Where we can be more efficient with a call, we’ll tell you that as well.
Many clients come us after having wasted tens of thousands of dollars with other lawyers. Read our testimonials. We’re here to provide a lot more value than the retainer—our business model and Firm policy is to provide at least 3-5 times the value back to you. That’s our model and we’re sticking to it. We’re not trying to sell you on a “cheap retainer” or promise of discounts. We’re here to solve a big hairy problem and get you where you need to go, as efficiently and productively as we can.
Typically, assessing feasibility involves legal and strategic advice, which we provide in the 45-minute consult, in a way that is appropriate to the time we have together there.
The only way to know is to jump into the process. If you want to know more about us and how we work, browse our testimonials, look at our client rolodex, or review our experience on our website.
Work with us and find out how efficient and engaged we are with your business. We like to work with clients for life. It is a deep and trusting relationship.
Michael’s bio is online here. He has written books on healthcare law and policy, taught healthcarelaw as a faculty member at Harvard Medical School, garnered NIH and other medical research grants, and published over 100 articles in legal and medical journals. Michael speaks all over the world on healthcare topics.
