Good Faith Exams

So, one of our clients was asking about the good faith exam. Now, does this need to be an actual conversation between the MD and the patient? Or can the patient simply complete the medical [...]

Can an MSO Get Paid More Than Fair Market Value?

In this video, we're going to talk about the MSO and whether it is possible to transfer all the money from the professional medical corporation or practice actually to the MSO. It's like MSO fee.

Can an NP Practice Aesthetic Medicine Autonomously?

In today's video, we're going to look at some rather esoteric rules of physician supervision of nurses and figure out how an aesthetic medical practice by the nurse can navigate, if it can, some [...]

Starting up a Second Medical Corporation

Sally, a licensed MD, is looking to open a second medical practice across the hall from her main practice so that she can focus on niche medical procedures, such as aesthetic medicine procedures.

Can a Paramedic Own and Operate an IV Hydration Business?

Today's question is: Can a paramedic own and operate an IV hydration clinic?

Can a Physician Pass Through Marketing Fees to the MSO?

In today's video, George is a marketing professional who does SEO and digital marketing in house for physicians and health and wellness businesses. George is wondering whether it's okay for [...]

Can the MSO Charge a Variable Digital Marketing Fee?

In this video, we answer an MSO question, so can the MSO have a digital marketing fee as its expense, and can the fee be variable?

Handling Patient Records When Leaving a Practice

Today’s question is: when I leave a medical practice, do I have to retain the patient records?

Handling Patient Records When Leaving a Practice

Today’s question is: when I leave a medical practice, do I have to retain the patient records?

Complying with HIPAA De-Identification Standards

In this short video, we're going to talk about how one of our clients is planning to do a clinical study, and they want to share the participant data with a third party for analysis.

Can a Medical Practice be an MSO?

One of the most frequently asked questions at our medical spa in IV hydration clinic practice is this: Can a medical practice be an MSO?

Should NPs, PAs and MDs be 1099 or Employees?

In today's video, we'll discuss whether nurse practitioners and physician assistants can be 1099 contractors in a medical practice in California.

Interview with Elissa R. Brewster, JD, MHA

In today's video, we're interviewing Elissa R. Brewster, JD, MHA, one of our of Counsels working on Management Services Organizations (MSO), Medical Spas, Compliance, Transactional Work and many more.

Interview with Drew R. Barnholtz

In today's video, we're interviewing Drew R. Barnholtz, our Managing Attorney working on Transactional Law, M&A (Mergers & Acquisitions), Medical Devices, and many more.

How does a Medical Spa or IV Hydration Clinic Brand with Medical Doctors?

In today's video, we're going to talk about the Professional Medical Corporation, and in our scenario, ACME came to us, and they want to brand the name of their MSO to Professional Medical [...]

Telemedicine Legal Basics: Licensing and Standard of Care

Often our physician, physician assistant, and nurse practitioner clients ask us telemedicine questions involving practices across multiple states. Can I practice virtually across state lines and [...]

Can the MSO Management Fee be More Than 90% of the Revenue of the Medical Practice?

The anti-kickback laws require these fees to be fair market value and not take into consideration the referral of any patients that might come from the MSO to the medical practice.

What Can a Nursing Corporation in California be Used For?

The Medical Board has issued a number of different opinions that the medical spa must be a medical corporation, not a nursing corporation.

Should the MSO be an S-Corp and the Medical Practice be a C-Corp or Vice Versa?

We always recommend getting a CPA involved to help determine what tax election you should make and so that would be the answer to that one. It really depends on revenue projections and things [...]

If the Doctor is a 51% Owner and the Nurse is 49% Owner, Will the Doctor Have More Liability?

The ownership of the corporation isn't as important as just the fact that the corporation as an entity could be under fire if something goes wrong.

Can a Dentist be a Medical Director?

The medical director, and again, just because a doctor has to own 51% of the medical practice doesn’t mean that doctor has to act as the medical director.

Can an NP Form a Nursing Corporation and Own up to 100%?

There's been a confusion over the years over why nursing corporation even exists because we do have this rule for medical practices that they need to be owned in the 51-49 breakdown with the [...]

If an NP Owns 49% of the PC with an MD, Can the NP also Own 100% of the MSO?

You want to make sure that your MD is okay with that, but as a professional corporation, as a medical practice, you’re going to have to hire somebody to run the office anyway. So if you’re [...]

How Long Do NPs Have to Practice Under a Physician Before Gaining Independence?

What you're going to have to do as an NP in California is you'll have to be a 103 category nurse for three years before you become the 104 category where you can practice in your own practice.

Can I Own the Medical Spa and an MSO?

How Can I Reduce My Risk of a Lawsuit?

Should an MSO be an LLC?

If a Physician Owns 51% of My Med Spa, Does That Mean I Get 49% of the Revenue?

If i'm giving 51% ownership to the physician, does that mean that the physician takes 51% of the revenues and vice versa? Does it mean that I take 49% of the revenues?

Do I Have to Split My Earnings If I’m a Part-Owner of a Medical Spa?

This question depends what state you're in as to what you're allowed to do, what you're not allowed to do. So, in a situation where a nurse can be a part-owner of the medical practice, generally [...]

What is an MSO, and How Does It Benefit My Medical Spa?

You may have heard of the MSO term before, it's just shorthand for Management Services Organization. And really at the end of the day, what it is just a management company that helps manage a [...]

Why Use the MSO Model for a Large Health and Wellness or Integrative Care Center?

In today’s video we talk about the MSO model (once again) for a large health and wellness or integrative care center.

When Do Healthcare Products Require a 510(K) To Enter the Market as an FDA- Regulated Medical Device

In today’s video, we talk about when healthcare products require a 510(k) to enter the market as an FDA-regulated medical device.

Can Dietary Supplement Claims Focus on Diseases?

In today’s video, we talk about whether there is a way to promote your dietary supplement to target a certain disease.

Can an NP order Botox through an MD Medical Director?

In today’s video, we ask whether an NP (Nurse Practitioner) can order Botox through a Medical Director. Of course, it depends – let’s get deep into it.

Can a Physician Assistant (PA) Set Up a California Medical Spa?

In today’s video, we turn to the question of whether a physician assistant (PA) can set up a California medical spa, or an integrative medicine, functional medicine, or any other [...]

When Will FDA Likely Regulate Your Product as an OTC Drug and Not a Cosmetic?

In today’s video, we talk about when your product is likely to cross the line and be regulated by the federal Food & Drug Administration (“FDA”) as a cosmetic and not a prescription or Over the [...]