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  • Home
  • Practice Areas
    • Healthcare Law
      • Concierge Medicine Legal Issues
      • Dispute Resolution
      • Employment & Consulting Agreements
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      • Emerging Healthcare Technologies
      • Fraud & Abuse (Anti-Kickback, Fee-Splitting, Stark)
      • General Corporate Law
      • HIPAA
      • Licensing Agreements & IP Protection
      • Leases & Real Estate
      • Liability & Risk Management
      • M&A (Acquisitions & Sales of Healthcare Businesses)
      • Management Services Organizations (MSO) Issues
      • Technology Agreements
      • Telemedicine
    • Life Sciences (FDA Law)
      • Advertising and Marketing Claims
      • Biotechnology Issues
      • Cosmetics Claims
      • Dietary Supplements Claims & Labeling
      • FDA Warning Letters
      • FTC Compliance
      • Medical Device & Mobile Medical App Issues
      • Off-Label Use
      • OTC & Homeopathic Drug Companies
    • Firm Experience
  • Who We Serve
    • ALLIED HEALTH PROVIDERS
    • ANTI-AGING & FUNCTIONAL MEDICINE PRACTICES
    • BEHAVIORAL & MENTAL HEALTHCARE PROVIDERS AND LIFE COACHES
    • BIOTECHNOLOGY & LIFE SCIENCES COMPANIES
    • CANNABIS VENTURES
    • CHIROPRACTORS
    • COMPLEMENTARY & INTEGRATIVE MEDICINE PROVIDERS
    • CONCIERGE & DIRECT PRIMARY CARE MEDICAL PRACTICES
    • COSMETICS COMPANIES
    • DIETARY SUPPLEMENT & NUTRACEUTICAL COMPANIES
    • DIGITAL & MOBILE HEALTH COMPANIES
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    • MEDICAL GROUPS, MEDICAL CENTERS
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Archives

Home /
Collaborative Practice Agreements for Independent Pharmacies
By Staff
In Healthcare Law
Posted April 8, 2024

Collaborative Practice Agreements for Independent Pharmacies

Collaborative practice agreements help pharmacists and physicians provide better healthcare to patients. The agreements need to be reviewed for federal, state, and medical board compliance issues.

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The MSO/Physician Contract: Compliance with Stark Law’s personal service agreement and the fair market value compensation exceptions.
By Staff
In Healthcare Law
Posted March 15, 2024

The MSO/Physician Contract: Compliance with Stark Law’s personal service agreement and the fair market value compensation exceptions.

Managed service organizations are a common strategy for helping medical practices comply with Stark law, the AKS, and the corporate practice of medicine laws – including the relationship between [...]

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Immunotherapy and Healthcare Compliance
By Staff
In Healthcare Law
Posted April 15, 2022

Immunotherapy and Healthcare Compliance

Immunotherapy drugs are showing promise for treating cancer. Manufacturers of these therapies and doctors must understand the FDA, HIPAA, and other compliance requirements.

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Integrative Medicine and Nutrition – Compliance Issues
By Staff
In Functional Medicine, Integrative & Complementary Medicine
Posted February 22, 2022

Integrative Medicine and Nutrition – Compliance Issues

Physicians, dieticians, and nutritionists who use integrative medicine need to understand the unauthorized practice of medicine laws and other compliance requirements.

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The New Stark and AKS Laws
By Staff
In Healthcare Law
Posted February 15, 2022

The New Stark and AKS Laws

Physicians and medical practices should review their MSO and referral arrangements to help comply with the new Stark Law and AKS changes.

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Legal Compliance Issues for Integrative Cardiology
By Staff
In FDA & FTC Law
Posted January 1, 2022

Legal Compliance Issues for Integrative Cardiology

Integrative cardiology practitioners, doctors and non-physicians, need to review their working relationship for violations of state licensing laws, HIPAA, self-referral laws, and other legal [...]

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Exceptions and Alternatives to The Corporate Practice of Medicine
By Staff
In Corporate practice of medicine
Posted December 1, 2021

Exceptions and Alternatives to The Corporate Practice of Medicine

California has a strict corporate practice of medicine law. Physicians should consider a professional medical corporation. Doctors need to be aware of Stark Law and the AKS. An MSO may be advisable.

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Legal Compliance Issues For Diagnostic Testing Centers
By Staff
In Healthcare Law
Posted October 15, 2021

Legal Compliance Issues For Diagnostic Testing Centers

Diagnostic testing centers and the physicians who refer patients to them need to understand Stark Law, the AKS, Medicare requirements, HIPAA, and other compliance laws.

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Health Compliance Issues for Dentists and Orthodontists
By Staff
In Healthcare Law
Posted September 22, 2021

Health Compliance Issues for Dentists and Orthodontists

Dentists need to understand how Stark Law and the AKS affect their referral arrangements. Dentists need to understand corporate practice of medicine, FDA, FTC, and other compliance issues.

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What Medical Practices and Healthcare Businesses Need to Understand about the “Reasonable Medical Necessity” Test
By Staff
In Healthcare Law
Posted September 1, 2021

What Medical Practices and Healthcare Businesses Need to Understand about the “Reasonable Medical Necessity” Test

Physicians and other healthcare providers and companies that submit bills for medical services may be subject to Stark Law, AKS, and False Claims Act charges

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What are the Compliance Issues for Veterinarians?
By Staff
In Healthcare Law
Posted May 8, 2021

What are the Compliance Issues for Veterinarians?

Veterinary practices are subject to most of the regulations human medical practices are subject. The rules that govern veterinary practices do differ though because animals are different than people

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Ambulatory Surgery Center (ASC) Compliance Issues
By Staff
In Stark & Anti-Kickback Law
Posted February 15, 2021

Ambulatory Surgery Center (ASC) Compliance Issues

Ambulatory surgery centers are attractive to doctors and patients due to reduced wait times, better control over infections, and other reasons – provided the ASCs do not violate the AKS or Stark Law.

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Why the False Claims Act Affects Your Medical Practice
By Staff
In Stark & Anti-Kickback Law
Posted January 1, 2021

Why the False Claims Act Affects Your Medical Practice

Violations of the AKS and Stark Law are usually violations of the False Claims Act. Penalties can include treble damages and exclusion from Medicaid and Medicare Payments

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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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When Healthcare Entrepreneurs & Medical Doctors Collaborate, Corporate Practice of Medicine Legal Issues Rule
By Michael H Cohen
In Healthcare Law
Posted August 8, 2020

When Healthcare Entrepreneurs & Medical Doctors Collaborate, Corporate Practice of Medicine Legal Issues Rule

Jill’s healthcare venture requires her to source a medical doctor (MD) who can collaborate with Jill’s startup to provide a series of innovative healthcare therapies to users

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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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The Unknown Dangers Non-Physicians Need to Be Prepared For
By Staff
In Healthcare Law
Posted May 1, 2020

The Unknown Dangers Non-Physicians Need to Be Prepared For

Non-Physicians including chiropractors, dentists, psychologists, nurses, and acupuncturists can get into serious civil and criminal trouble if they don’t know or don’t comply with a range of [...]

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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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A Physician, a Healthcare Startup, and a Healthcare Clinic Walk into a Healthcare Law Firm
By Michael H Cohen
In Healthcare Law
Posted June 22, 2019

A Physician, a Healthcare Startup, and a Healthcare Clinic Walk into a Healthcare Law Firm

A captivating tale of 3 healthcare legal adventurers navigating their way through the legal maze

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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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Signs that shape the landscape of the healthcare industry
By Michael H Cohen
In FDA & FTC Law
Posted June 1, 2019

Signs that shape the landscape of the healthcare industry

Healthcare venture should always look out for unlicensed practice of medicine issues.

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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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How Can A Healthcare Clinical Practice Bonus Its Staff, Employees, & Marketing Personnel Without Trigger Fee-Splitting and Anti-Kickback Issues?
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By Michael H Cohen
In Healthcare Law, Stark & Anti-Kickback Law
Posted May 1, 2016

How Can A Healthcare Clinical Practice Bonus Its Staff, Employees, & Marketing Personnel Without Trigger Fee-Splitting and Anti-Kickback Issues?

Healthcare bonuses raise fee-splitting and anti-kickback issues; is there a workaround?

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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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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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