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  • Home
  • Practice Areas
    • Healthcare Law
      • Concierge Medicine Legal Issues
      • Dispute Resolution
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      • HIPAA
      • Licensing Agreements & IP Protection
      • Leases & Real Estate
      • Liability & Risk Management
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      • Management Services Organizations (MSO) Issues
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      • Cosmetics Claims
      • Dietary Supplements Claims & Labeling
      • FDA Warning Letters
      • FTC Compliance
      • Medical Device & Mobile Medical App Issues
      • Off-Label Use
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    • Firm Experience
  • Who We Serve
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New Proposed Rules from the CMS and the OIG-HHS on Stark Law and from the Anti-Kickback Statute
By Staff
In Healthcare Law, Stark & Anti-Kickback Law
Posted October 22, 2020

New Proposed Rules from the CMS and the OIG-HHS on Stark Law and from the Anti-Kickback Statute

The CMS and HHA are proposing new rules, such as the Patients over Paperwork Initiative, where the focus of Stark and AKS will be on value-based arrangements

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DOJ Penalizes Doctors, Hospitals, & Medical Practices Millions to Settle Allegations of Anti-Kickback Statute Violations
By Staff
In Healthcare Law, Stark & Anti-Kickback Law
Posted September 22, 2020

DOJ Penalizes Doctors, Hospitals, & Medical Practices Millions to Settle Allegations of Anti-Kickback Statute Violations

The DOJ reported several new cases in which health care companies and doctors agreed to pay millions to settle claims of healthcare fraud due to AKS and Stark violations.

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Anti-Kickback Statute and Stark Law Settlements Worth Millions
By Staff
In Healthcare Law, Stark & Anti-Kickback Law
Posted August 22, 2020

Anti-Kickback Statute and Stark Law Settlements Worth Millions

The DOJ reported several new cases in which health care companies and doctors agreed to pay millions to settle claims of healthcare fraud due to AKS and Stark violations.

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Physician Recruitment Agreements Obligate the Hospital, Medical Practice and the Physician – Make Sure You Know What Your Obligations Are
By Staff
In Healthcare Law
Posted May 8, 2020

Physician Recruitment Agreements Obligate the Hospital, Medical Practice and the Physician – Make Sure You Know What Your Obligations Are

Physician recruitment agreements involve the rights and duties of three parties. Experienced healthcare lawyers craft the proper exceptions to the Anti-Kickback Statute and Stark Law

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Recent Stark Law and Anti-Kickback Statute Cases
By Staff
In Healthcare Law
Posted February 22, 2020

Recent Stark Law and Anti-Kickback Statute Cases

Medical providers must abide by Stark Law and the AKS. Referrals must be based on what is best for the patient. If profit is the driver, the providers will often pay a substantial settlement or [...]

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Compliance Issues for Medical Fitness Centers, Gyms, and Wellness Centers – Part 2
By Staff
In Healthcare Law
Posted February 15, 2020

Compliance Issues for Medical Fitness Centers, Gyms, and Wellness Centers – Part 2

As gyms and medical fitness centers expands the services and products they offer and depend more on physician referrals and doctor employment, compliance review becomes a must.

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Examples of Medical False Claims Act Violations That Will be Prosecuted
By Staff
In Healthcare Law
Posted January 1, 2020

Examples of Medical False Claims Act Violations That Will be Prosecuted

Doctors, hospitals, med spas, pharmacies and other healthcare providers may violate the False Claims Act if they violate Stark Law or the Anti-Kickback Statute in addition to inflating bills, [...]

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Will Corporate Practice of Medicine Kill Your Healthcare Venture?
By Staff
In Healthcare Law
Posted August 22, 2019

Will Corporate Practice of Medicine Kill Your Healthcare Venture?

Whether your healthcare venture involves digital health, mobile health, or a physical health and wellness center, strong vs. weak corporate practice of medicine prohibitions can be deadly.

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Work through the thorny knots of Healthcare law
By Michael H Cohen
In General
Posted June 8, 2019

Work through the thorny knots of Healthcare law

We are experts in Stark and kickback law, fee splitting issues, FDA enforcement, FTC enforcement, legal issues surrounding advertising and marketing, medical board issues, medical technology, [...]

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Is Your Medical Practice or Healthcare Company at Risk of Anti-Kickback Penalties?
By Staff
In Healthcare Law
Posted April 22, 2019

Is Your Medical Practice or Healthcare Company at Risk of Anti-Kickback Penalties?

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

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Do You Know the Key Differences Between the 4 Ambulatory Safe-Harbors to the Federal Anti-Kickback Statute (AKS)?
By Staff
In Healthcare Law
Posted March 22, 2019

Do You Know the Key Differences Between the 4 Ambulatory Safe-Harbors to the Federal Anti-Kickback Statute (AKS)?

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)

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5 Key Stark and Anti-Kickback Legal Rules You’ll Want to Know
By Michael H Cohen
In Healthcare Law
Posted December 1, 2018

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. [...]

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What Medical Practices Should Know about the Stark Law
By Michael H Cohen
In Stark & Anti-Kickback Law
Posted October 8, 2018

What Medical Practices Should Know about the Stark Law

The Stark Law is named after California U.S. Congressman, Peter Stark. It seeks to regulate how physicians refer Medicare and Medicaid patients. The law is part of the Omnibus Budget [...]

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How to Handle Stark and Anti-Kickback Legal Barriers When Physicians Invest in an MSO
By Michael H Cohen
In Healthcare Law
Posted September 22, 2018

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.

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Should physicians, chiropractors, and other healthcare practitioners worry when they offer coupons for discounts to patients?
By Michael H Cohen
In Healthcare Law
Posted August 8, 2018

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?

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MSO Gets Light Enforcement Touch by California Appellate Court Reviewing Management Services Agreement Legal Issues
By Michael H Cohen
In Management Services Organizations (MSO) Agreements
Posted May 15, 2018

MSO Gets Light Enforcement Touch by California Appellate Court Reviewing Management Services Agreement Legal Issues

MSOs (medical services organizations), or physician management and marketing companies, routinely come to us for legal advice about how to create and run an MSO profitably, in a compliant way, [...]

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Does Healthcare Law Favor or Smash Integrated Healthcare Practices Between Medical Doctors and Chiropractors?
By Michael H Cohen
In Healthcare Law
Posted March 15, 2018

Does Healthcare Law Favor or Smash Integrated Healthcare Practices Between Medical Doctors and Chiropractors?

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 [...]

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Is Buying a Medical Spa a Smart Move for a Medical Doctor?
By Michael H Cohen
In Healthcare Law
Posted March 8, 2018

Is Buying a Medical Spa a Smart Move for a Medical Doctor?

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 [...]

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Rock Your Practice with an MSO—MSO Compliance vs. using Independent Contactor Practitioners
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By Michael H Cohen
In Management Services Organizations (MSO) Agreements, Stark & Anti-Kickback Law
Posted September 8, 2017

Rock Your Practice with an MSO—MSO Compliance vs. using Independent Contactor Practitioners

Growing Pains in Your Healthcare Practice or Healthcare Venture? We’ve had many clinical practices and healthcare ventures come to us asking how to mitigate risk of anti-kickback and [...]

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Physicians Fee-splitting & Nurse Fee-Splitting More Common Than You Realize
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By Michael H Cohen
In Stark & Anti-Kickback Law
Posted April 22, 2017

Physicians Fee-splitting & Nurse Fee-Splitting More Common Than You Realize

An RN who is working on getting her NP recently called our law firm, asking whether he was engaging in illegal “fee-splitting” in her compensation arrangement with a physician. Physician [...]

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Do retrospective physician bonuses violate anti-kickback laws?
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By Michael H Cohen
In Healthcare Law, Stark & Anti-Kickback Law
Posted December 1, 2016

Do retrospective physician bonuses violate anti-kickback laws?

Do retrospective physician bonuses violate anti-kickback laws? Well they are problematic.

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Are online call centers illegally practicing medicine or engaging in kickbacks and fee-splitting?
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By Michael H Cohen
In Healthcare Law
Posted November 22, 2016

Are online call centers illegally practicing medicine or engaging in kickbacks and fee-splitting?

Are online call centers illegally practicing medicine or engaging in kickbacks and fee-splitting?

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Corporate practice challenges medical management (MSO) organizations in New York AG action
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By Michael H Cohen
In Corporate practice of medicine, Healthcare Law, Management Services Organizations (MSO) Agreements
Posted February 22, 2016

Corporate practice challenges medical management (MSO) organizations in New York AG action

Corporate practice challenges medical management (MSO) organizations, especially in New York AG, as shown by recent enforcement action.

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Physician-Lab Agreements to Provide Exclusive Lab Services and Waive Patient Fees Could Be Kickback, OIG Advises
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By Michael H Cohen
In Healthcare Law
Posted April 9, 2015

Physician-Lab Agreements to Provide Exclusive Lab Services and Waive Patient Fees Could Be Kickback, OIG Advises

The federal Office of the Inspector General (OIG) reviewed a laboratory's proposal to enter into agreements with physician practices to provide all laboratory services for the practices' [...]

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Packaging medical services – is it a legal concierge arrangement, or an illegal kickback?
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By Michael H Cohen
In Business Law, Concierge & Retainer Medicine, Healthcare Law, Stark & Anti-Kickback Law
Posted January 8, 2015

Packaging medical services – is it a legal concierge arrangement, or an illegal kickback?

If you're a medical doctor, dentist, acupuncturist, chiropractor, or other licensed healthcare provider, and you offer your patients "9 sessions, get 1 free," have you violated kickback laws?

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Is it fee-splitting for medical doctors to share revenues with non-medical business owners?
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By Michael H Cohen
In Healthcare Law, Integrative & Complementary Medicine, Medical Spa Law, Stark & Anti-Kickback Law
Posted January 8, 2015

Is it fee-splitting for medical doctors to share revenues with non-medical business owners?

"I provide medical (or acupuncture, chiropractic, osteopathic, massage) services on an hourly basis and get paid a percentage of revenues in return.” Is that fee-splitting?

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5 Legal Issues for Integrative Health Practitioners in the new year
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By Michael H Cohen
In Healthcare Law, Integrative & Complementary Medicine, Telemedicine & E-Health
Posted November 28, 2014

5 Legal Issues for Integrative Health Practitioners in the new year

With 2015 right around the corner, here are 5 legal and regulatory issues that integrative health practitioners need to know.

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Do online coupons for discounts to physician and other clinician services violates Stark, anti-kickback and fee-splitting laws?
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By Michael H Cohen
In Healthcare Law, Medical Spa Law, Stark & Anti-Kickback Law
Posted October 26, 2014

Do online coupons for discounts to physician and other clinician services violates Stark, anti-kickback and fee-splitting laws?

Many online ventures want to know whether Stark, anti-kickback, and fee-splitting laws are violated by business arrangements that offer online coupons or Web-based coupons to customers. Let's [...]

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Quick Summary of Federal “Stark” Self-Referral & Anti-Kickback Law and California Self-Referral and Fee-Splitting Prohibitions
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By Michael H Cohen
In Healthcare Law, Stark & Anti-Kickback Law
Posted July 23, 2014

Quick Summary of Federal “Stark” Self-Referral & Anti-Kickback Law and California Self-Referral and Fee-Splitting Prohibitions

Here is a quick summary of federal self-referral ("Stark law") and anti-kickback law, and California self-referral and anti-kickback / fee-splitting rules. Each state has its own laws, of course.

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What anti-kickback and fee-splitting legal issues arise when physicians or other healthcare providers lease space?
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By Michael H Cohen
In Healthcare Law, Stark & Anti-Kickback Law
Posted July 2, 2014

What anti-kickback and fee-splitting legal issues arise when physicians or other healthcare providers lease space?

Many physicians, chiropractors, acupuncturists, and other healthcare practitioners want to know whether they are fee-splitting when they rent a room hourly from a medical practice or other [...]

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Fee-splitting 101 for medical doctors, chiropractors, acupuncturists, and others
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By Michael H Cohen
In Healthcare Law, Stark & Anti-Kickback Law
Posted December 28, 2013

Fee-splitting 101 for medical doctors, chiropractors, acupuncturists, and others

Is it fee-splitting to hire another medical doctor, chiropractor, acupuncturist, or other health care practitioner in your office and give them a "cut" of patient revenues? Fee-splitting, [...]

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California Chiropractic Board Adopts New Regulations for the Use of Laser in Chiropractic
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By Michael H Cohen
In Healthcare Law
Posted September 18, 2012

California Chiropractic Board Adopts New Regulations for the Use of Laser in Chiropractic

The Board of Chiropractic Examiners in California has adopted new regulations for the use of lasers in chiropractic

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Longevity and Anti-Aging Medicine Legal & Regulatory Issues
By Michael H Cohen
In FDA & FTC Law, Healthcare Law
Posted July 12, 2012

Longevity and Anti-Aging Medicine Legal & Regulatory Issues

Entrepreneurs who fail to properly take into account legal and regulatory issues before opening a longevity and anti-aging medical clinic or health education (or telehealth / telemedicine) [...]

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