Healthcare Law

Medical doctors and health care companies who participate in kickbacks for referrals can face severe enforcement penalties.

Physicians who fail to consult with legal counsel before signing an employment contract often lose more than just money, benefits, and the freedom to leave on their terms. They may be putting [...]

There are four types of ambulatory safe harbors in the federal Anti-Kickback Statute. We explain the key differences between the ambulatory safe harbors to the federal anti-kickback statute (AKS)

California Department of Public Health (CDPH) does not authorize CBD-infused foods. The Farm Bill does make hemp an agricultural product. The FDA may approve CBD-based drugs through scientific [...]

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

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

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 [...]

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.

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

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. [...]

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

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

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

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

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 [...]

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 [...]

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

Physicians regularly work with businesses who want the doctors to use their products. To encourage physicians to choose their practice over competitor practices, vendors often offer incentives. [...]

Anti-aging and longevity medicine is everywhere these days. From California to Florida and everywhere in between, the health, wellness and beauty industry beckons people toward the promise of [...]

If you have a medical management company (MSO), you might be wondering, can your MSO brand itself with the same name as the medical clinic, and even license the name to the physician that owns [...]

The Corporate Practice of Medicine (CPM) doctrine continues to befuddle, beleaguer, and bewilder healthcare companies seeking to venture with physicians and non-physician entrepreneurs.

Physicians, chiropractors, and other healthcare licensees often want to function as “health coaches” and avoid thorny laws. Can they?

Many aspects of healthcare are now becoming integrated. Medical practices that used to specialize are now trying to broaden their services by contracting with other medical providers who provide [...]

You’re a licensed medical doctor, happy in your aesthetic medicine or plastic surgery practice, and you’re working part-time with a medical spa in a way that is increasing your income without [...]

A California investigation and disciplinary action against a California naturopathic doctors suggests how physicians can incur legal jeopardy when operating a medical spa, holistic healthcare [...]

The Stark Law governs what types of referrals doctors can make if they bill for Medicare and Medicaid. The presumption is that that referrals made by a doctor to a designated health service are [...]

Is HIPAA compliance a mystery to you? What do you have to do for HIPAA, and when?

BECAUSE TELEHEALTH AND TELEMEDICINE OFTEN INVOLVE PRACTICE ACROSS STATE LINES, HEALTHCARE PRACTITIONERS MUST UNDERSTAND THE STATE LAWS WHICH ALLOW PRACTICE IN SITUATIONS WHERE THE HEALTHCARE [...]

Healthcare providers who move beyond a brick-and-mortar physical practice often find themselves in a legal gray zone, wondering whether they are compliant, or even what rules might apply. This [...]

Are you a non-physician who wants to "partner" with physicians? Learn how the Medical Services Organization (MSO) model can help buffer you against regulatory risk. Understand the basics of [...]

Many physicians, chiropractors, and other healthcare practitioners are wanting to start a cash-based, concierge or functional medicine practice yet not run afoul of legal and regulatory issues

Are you planning to break away from your current employment to form your own medical or healthcare practice? Be sure to understand some of the insurance legal basics.

A FEW YEARS AGO, TELEMEDICINE AND TELEHEALTH BURST ON THE SCENE, IMMEDIATELY CHALLENGING ESTABLISHED LEGAL FRAMEWORKS BUILT AROUND BRICK-AND-MORTAR PRACTICES. The novelty forced healthcare [...]

Informed consent is critical in all areas of medicine; it takes on added importance with integrative medicine, functional medicine, anti-aging and aesthetic medicine, and non-mainstream [...]