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?

Michael H Cohen quoted in USA Today on Healthcare Legal Issues

Bay Area / San Francisco and Los Angeles lawyer Michael H Cohen was quoted by CNBC in USA Today on healthcare issues.

Are you handling licensing, corporate practice of medicine, fee-splitting, standard of care, informed consent, HIPAA, liability, advertising, contract, FDA issues in your telemedicine venture?

When you launch any virtual, electronic, online, mobile, or other non-physical telemedicine or telehealth venture, you have to navigate several interlocking, overlapping legal issues, from [...]

Do HCG Weight Loss Products Work? FTC Cracks Down on Homeopathic HCG Drops

Recently a physician called me, raving about HCG for weight loss, letting me know he recommends HCG to all his obese patients, because he lost over 150 pounds on HCG. "The scientific evidence is [...]

Who owns neurofeedback (or any therapy)? Psychologists, psychiatrists, non-licensed NF practitioners, or everyone?

Neurofeedback has been shown effective for treating of a variety of physical and mental disorders, but can or should neurofeedback (or any promising therapy that can be self-administered, or [...]

How does a dual-licensed healthcare provider wear two hats and satisfy both professionals boards?

How do you wear two licensed hats at the same time - if, for example, you're an medical doctor (MD) and a chiropractor (DC), or a chiropractor and an acupuncturist - or, a naturopathic physician [...]

Are your privacy and security practices HIPAA compliant?

Even if HIPAA doesn't technically apply to your wearable tech venture, mobile medical app, or telemedicine project, state laws have mirror privacy and security provisions with which your company [...]

Can Integrative Medicine Be Made Clinically Responsible, Ethically Appropriate, and Legally Defensible?

How can integrative medicine be made "clinically responsible, ethically appropriate, and legally defensible?" I invented the above mantra during my five years on faculty at Harvard Medical School.

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.

Marketing “wearable caffeine” can get you in trouble with FTC, the regulatory watchdog over advertising

The Federal Trade Commission (FTC) has proposed to settle charges with two marketing companies promoting "shapewear garments" with "slimming claims for caffeine-infused products." FTC vigorously [...]

FTC requires mobile apps to include disclosures, adding to FDA mobile medical app regulatory requirements

The Federal Trade Commission (FTC) reports that mobile apps need to provide consumers with more disclosures, and also protect the privacy and security of consumer data--thus adding to the [...]

Wearable technology is tracking You, raising legal issues

As medicine moves from Physical, to Virtual, to Mobile, to Wearable, to Implantable, new privacy legal issues arise, bringing legislative attention.

California Reimbursement for Telehealth

While Medicare reimbursement for telemedicine has garnered a lot of attention, many states also have extensive laws about telehealth reimbursement. For example, California laws provide for [...]

Neurofeedback Laws & Licensing: Unlock Brains’ Potential But Be Legally Safe–Part 5: Marketing Your Neurofeedback Practice—Legal Issues in Case Studies

How do you market an emerging healthcare practice, without running afoul of regulatory walls, from federal and state advertising law to licensing laws, and the law governing unfair business practices?

Neurofeedback Laws & Licensing: Unlock Brains’ Potential But Be Legally Safe–Part 4: Malpractice Liability, Informed Consent, and Other Issues

Neurofeedback, biofeedback, EEG, hypnosis, Reiki, energy healing ... how do practitioners evaluate, and handle, malpractice liability risk? Do they have obligations of informed consent? What [...]

Neurofeedback Laws & Licensing: Unlock Brains’ Potential But Be Legally Safe–Part 3: Proposed New York Legislation

Neurofeedback, biofeedback, EEG, hypnosis, Reiki, energy healing ... how do practitioners evaluate, and handle, malpractice liability risk? Do they have obligations of informed consent? What [...]

Neurofeedback Laws & Licensing: Unlock Brains’ Potential But Be Legally Safe –Part 2: Legal Scope of Practice

Is the practice of neurofeedback legally safe as part of another professional practice such as clinical psychology?

Neurofeedback Laws & Licensing: Unlock Brains’ Potential But Be Legally Safe–Part 1: Unlicensed Practice

Who can legally practice neurofeedback—only licensed professionals—and what laws govern neurofeedback practice?

Neurofeedback Laws & Licensing: Unlock Brains’ Potential But Be Legally Safe

Neurofeedback, EEG, biofeedback entrain your brain, but are they legally safe practice? What do consumers and practitioners need to know? This 5-part series examines neurofeedback laws, including [...]

How to avoid legal pitfalls of physician (MD) collaboration with chiropractors (DC)

How can integrative medicine physicians collaborate with chiropractors, without triggering unnecessary patient liability, medical board discipline, or other legal exposure for fee-splitting, [...]

How to choose a healthcare lawyer or FDA attorney and regulatory consultant

The best way to select a healthcare lawyer or FDA attorney (or FDA regulatory consultant) for legal advice about your health and wellness service, practice, facility, or product, is to follow [...]

Energy healing: honoring the initiation

I had a dream last night about one of the most significant teachers in my life, who has been a pioneer in the field of energy healing. All I remember of the dream is that my teacher was very [...]

Ancient Wisdom & Modern Technology: Legal Issues in Online Health, Mobile Health, E-Health, and Future Medicine

Healthcare and FDA lawyer Michael H. Cohen spoke on "Ancient Wisdom & Modern Technology" on ExitCoach Radio. Today, there are many healthcare and wellness related businesses popping up

Medico-Legal Issues in Cardiology published by Cardiology in Review

Healthcare & FDA attorney Michael H. Cohen is co-author of "Medico-Legal Issues in Cardiology," published by Cardiology in Review 2013;21:222-228. The article aims to educate physicians about the [...]

Principles for a Conscious Law Practice

Returning from a talk I gave on Conscious Business Leadership for Start-ups: Legal Issues From the Perspective of a “Conscious Lawyer,” I went way back and found the mission and guiding [...]

Conscious Business Leadership for Start-ups: Legal Issues from the perspective of a “conscious lawyer”

Michael H. Cohen spoke at SpaceMonkey Creative in Ojai today on Conscious Business Leadership for Startups: Manifest Your Edge & Leverage Your Intuitive Superpowers.

Healing at the Borderland of Medicine and Religion – Review

Thanks to Joshua Grossman, MD for a review of Healing at the Borderland of Medicine and Religion in the Journal of the National Medical Association.

Cohen Healthcare Law Group Yelp attorney review

We appreciate a new review on Yelp for the Cohen Healthcare Law Group.

FDA Requires Cyber Security Plan Submission for Medical Devices

FDA now requires a cyber security plan in your medical device submission. On June 14, 2013, FDA issued Draft Guidance on Content of Premarket Submissions for Management of Cybersecurity in [...]

Michael H Cohen quoted in Los Angeles Bar Journal

Michael H Cohen was quoted in the Los Angeles Bar Journal in the Legal Forum: Malpractice Malaise, an appendix to Attorney, Heal Thyself.

Mobile App Developers Can Be Slammed by FTC or FDA

The Federal Trade Commission (FTC) requires that advertising be truthful and not misleading, and will take enforcement action if mobile app developers make deceptive claims about their apps.

LARTA Commercialization Assistance Program

Michael H. Cohen participated in the LARTA Commercialization Assistance Program in Los Angeles (April 2013), sponsored by the National Institutes of Health, as a mentor to provide guidance to [...]

Affordable Care Act creates scope of practice legislative scramble for healthcare practitioners

Healthcare reform is creating incentives for even more legislative scrambles by different practitioner lobbying groups for favorable legislation that will protect, preserve, and expand their own [...]

HIPAA and state law privacy claims stand while medical malpractice claim falls

A federal court in Indiana rules that patient's HIPAA and state privacy claims could stand, based on the allegation that a physician shared information about the patient's medical condition with [...]

HIPAA Omnibus Rule: Part 8 (Breach Analysis)

The HIPAA Omnibus rule makes a number of additional important changes to breach analysis in case of a breach of unsecured PHI.

HIPAA Omnibus Rule: Part 6 (Business Associate Agreements)

The new HIPAA Omnibus Rule requires that some changes to the rules about business associate agreements must be made.

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