Why Companies are Rushing to Make and Sell Products with CBD and THC

Makers and consumers of THC and CBD products need to understand which federal and state laws apply. While there may be health benefits, there are legal risks.

How Cannabis Companies Tackle Legal Twists and Turns of Medical Marijuana Regulation

While the market for cannabis (or medical marijuana) grows due to the liberalization of state, cannabis companies can learn about legal and regulatory pitfalls.

Why EKRA Referrals Can Land You in Prison

The Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”) is a new law that complements the federal X Anti-Kickback Statue and Stark Law in the various prohibitions against self-referral and [...]

Why Voluntary Compliance Plans for Individual and Small Physician Practices Are Essential

Experienced healthcare lawyers understand the seven requirements medical practices should have in place today – to comply with the Office of Inspector General’s compliance guidelines

Behavioral Health Law Is Exploding. Is Your Medical Practice Prepared?

Physicians who treat mental health services and substance abuse need to understand the federal and state laws they must comply with. Medical Doctors who provide telemedicine services need to know [...]

The Many Ways Your New Medical Business Can Get into Trouble if You Don’t Consult with an Experienced Healthcare Lawyer

Healthcare startup lawyers advise new medical business on FTC law, FDA law, marketing regulations, purchasing practices, nanotechnology, contract negotiation, and a range of business issues.

3 Ways Healthcare & Telemedicine Companies Can Trigger Unlicensed and Corporate Practice of Medicine Legal Tripwires

Healthcare startups, including telemedicine and mobile health startups, can unwillingly trigger unlicensed and corporate practice of medicine legal tripwires.

5 Key Stark and Anti-Kickback Legal Rules You’ll Want to Know

While federal Stark and anti-kickback laws, and state law equivalents (often known as “mini-Stark” and “fee-splitting prohibitions”) are very complex, there 5 key legal rules you’ll want to know. [...]

Thinking of Giving Medical Advice without a Valid California Medical License? Think Again

Not understanding how and when California’s medical advice requirements can lead to criminal charges and medical discipline. What defenses may be available

Keys to Navigating Enforcement Risks & Legal Pitfalls When Owning & Operating Your Medical Spa

Many doctors are trying to cash in on the beauty of operating a medical. For some doctors, the attraction is doing work that patients appreciate. Other doctors think the hours are better and that [...]

How can Functional and Integrative Medicine doctors practice without undue fear of legal jeopardy?

Hello. Good morning. Good day. Good afternoon. Buenos Dias. Shalom. Wherever you are. I'm Michael H. Cohen, a healthcare and FDA lawyer. Today's topic is how can functional and integrative [...]

Physicians & Healthcare Startups: Don’t Mess with Alphabet-Soup Lettered Government Agencies

Physicians and healthcare startups beware of FDA, FTC, and medical board liability: what you don’t know.

Advantages of Incorporating Your Medical Practice

Medical Doctors need to consider many factors in choosing the best legal entity for their medical practice. Some of these key factors are...

How to Handle Stark and Anti-Kickback Legal Barriers When Physicians Invest in an MSO

This is a story about how Harry, a healthcare entrepreneur, worked through a proposed arrangement that was raising Stark and Anti-Kickback issues.

Tips for Structuring Healthcare Practice as an Unlicensed Practitioner

Harry met Sally because Harry had migraines, sinusitis, chronic fatigue or tiredness of unknown origin, depression or just an emotional heaviness, or maybe because he needed help with [...]

HIPAA compliance is not the end of liability for compromising patient privacy

You think you’ve got HIPAA compliance handled, in order to try to stay ahead of steep federal penalties, and then learn that is just the beginning of the story. HIPAA compliance itself is thorny. [...]

Do healthcare markups violate fee-splitting laws?

A telemedicine healthcare startup wants to create a profitable healthcare venture by connecting patients with medical doctors, and also getting a markup off of goods and services sold to [...]

Should physicians, chiropractors, and other healthcare practitioners worry when they offer coupons for discounts to patients?

Naturally, like any other business model, augmenting one’s clientele may be a priority for medical and other healthcare practitioners. Is it legal to offer coupons and discounts?

Establishing the Physician-Patient Relationship: Telemedicine Law Often Requires It, but What does this Mean?

Establishing the physician-patient relationship is often a requirement of state telemedicine law, but what does it mean that the physician has in fact “established” the physician-patient relationship?

What doctors, users, growers and others should understand about the passage of Prop 64 and Prop 215

Learn How California’s Adult Marijuana Recreational Use and Medical Use Laws Apply to You from an Experienced California Cannabis Lawyer