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Can a Physician Pass Through Marketing Fees to the MSO?

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 medical practices to pay his fee through the management company or MSO, or directly from the professional medical corporation.

Can the MSO Charge a Variable Digital Marketing Fee?

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

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

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?

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?

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

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

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?

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 Corporations across states.

Telemedicine Legal Basics: Licensing and Standard of Care

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 ensure that I am protected against licensing and malpractice risks?

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

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?

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?

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 like that.

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

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?

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%?

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 physician as the majority owner.

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

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 willing to wear those two hats, then you should get paid for those two hats.

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

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?

Can I Own the Medical Spa and an MSO?

Can I Own the Medical Spa and an MSO? You can actually own a clinic and let’s say your clinic is Fantastic Med Spa Inc. Okay, that’s your brand name. You’ve got this beautiful logo, you own that name and identity and branding, and you put it on the outside of the building and you [...]
How Can I Reduce My Risk of a Lawsuit?

How Can I Reduce My Risk of a Lawsuit?

How Can I Reduce My Risk of a Lawsuit? So the very first way to minimize or maybe even completely eliminate the chance of getting sued is make sure that your business is structured the right way. There are 22 states in this country where you can own a medical practice and every state in [...]
Should an MSO be an LLC?

Should an MSO be an LLC?

Should an MSO be an LLC? There’s no particular state requirement. It’s just a regular business, and that’s what a management company is. Even though it’s in the healthcare space, it’s just a regular business, and so there’s no requirement that business be a certain structure. So a LLC is the easiest way to do [...]
If a Physician Owns 51% of My Med Spa. Does That Mean I Get 49% of the Revenue?

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?

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 there’s no need for an MSO.

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

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 principal company. In this case, it would be the medical spa. So how can it benefit the medical spa?

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

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

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?

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?

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?

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 multidisciplinary wellness center.

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

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 Counter (“OTC”) drug. Obviously, you’d rather be cosmetic as it’s less expensive.

Should Medical Doctors Become Health Coaches (and Stop Practicing Medicine)?

Should Medical Doctors Become Health Coaches (and Stop Practicing Medicine)?

In today’s video, we address questions by clinical practitioners, like Medical Doctors, Chiropractors, Acupuncturists, and others, about providing services outside, beyond, different than their licensure.

Is a Good Faith Exam Required before Prescribing via Telemedicine?

Is a Good Faith Exam Required before Prescribing via Telemedicine?

In today’s video, we discuss whether a good faith exam is required before prescribing via telemedicine. We’ll focus not on the individual physician’s practice but rather on a telehealth startup.

Are Friendly PC’s Legit?

Are Friendly PC’s Legit?

In today’s video, we circle back to the relationship between the professional corporation (or PC) and the management services organization (or MSO) that runs the business side of a healthcare startup or other venture. Specifically, the so-called “friendly PC.”

Can a Telehealth App Pay Its Healthcare Providers a Percentage of Revenue or Per-Client, Per-Patient Fee?

Can a Telehealth App Pay Its Healthcare Providers a Percentage of Revenue or Per-Client, Per-Patient Fee?

In today’s video, we canvass whether a telehealth software platform can pay its healthcare providers a percentage of revenue or per-client, per-patient fee. In today’s example, the healthcare startup wants to hire a bunch of psychiatrists and psychologists as independent contractors.

Can Health & Wellness Centers Legally Create a Telehealth Presence?

Can Health & Wellness Centers Legally Create a Telehealth Presence?

In today’s video, we address a physician’s questions about creating a health and wellness center while developing a telehealth presence.

How Do State Anti-Kickback Laws Restrict Physicians?

How Do State Anti-Kickback Laws Restrict Physicians?

In today’s video, we’ll show you how pervasive anti-kickback laws are and when healthcare ventures and clinical practitioners need to worry about them.

How Does a Telehealth Practice or App Establish a Valid Physician-Patient Relationship?

How Does a Telehealth Practice or App Establish a Valid Physician-Patient Relationship?

In today’s video, we’ll return to whether a good faith exam is required of a telemedicine practice or telehealth startup, and we’ll look at the requirement that the clinical practice establish a valid patient relationship.

Are These Drug Claims or Cosmetics Claims?

Are These Drug Claims or Cosmetics Claims?

In today’s video, we focus on anti-aging products to determine whether FDA will likely regulate your product as a drug instead of cosmetic.

Are Anti-Aging Claims Drug Claims or Cosmetics Claims?

Are Anti-Aging Claims Drug Claims or Cosmetics Claims?

In today’s video, we focus on anti-aging products to determine whether FDA will likely regard your product as a drug instead of a cosmetic, which where you wanted to be.

Legal Limits of Health Coaching: A Risk Analysis

Legal Limits of Health Coaching: A Risk Analysis

In today’s video, we address legal limits of health coaching in a risk analysis.

What Does the MSO Do if Physicians “Go Rogue?”

What Does the MSO Do if Physicians “Go Rogue?”

In today’s video, we answer questions about the flow of payments between an MSO and a professional medical corporation.

The “Complementary and Alternative Medicine” Safe Harbor to Unlicensed Practice

The “Complementary and Alternative Medicine” Safe Harbor to Unlicensed Practice

In today’s video, we talk about the safe harbor to unlicensed medical practice and what it requires of the practitioner.

Unlicensed Practice of Medicine, Psychology or Nutrition: Legal Perils

Unlicensed Practice of Medicine, Psychology or Nutrition: Legal Perils

In today’s video, we talk about the perils of unlicensed practice.

Nurse Practitioner Telehealth Functional Medicine vs. Coaching (Laws & Legal)

Nurse Practitioner Telehealth Functional Medicine vs. Coaching (Laws & Legal)

In today’s video, we are going to combine three different threads: a Nurse Practitioner wants to start a functional medicine practice, via telehealth, multi-state, and she wants to call it “coaching.”

Does Corporate Practice of Medicine Prohibit Employing Physicians?

Does Corporate Practice of Medicine Prohibit Employing Physicians?

In today’s video, we’ll give you some examples of strong prohibitions against corporate practice of medicine and how these can bite you.

Can an ND Supervise Nurse IV Injections?

Can an ND Supervise Nurse IV Injections?

Hello again, today’s scenario focuses on a large health and wellness center that integrates IV therapies and deploys a naturopathic doctor (ND) supervising nurses.

Won’t Corporate Practice of Medicine Just Go Away?

Won’t Corporate Practice of Medicine Just Go Away?

In today’s video, we return to the Corporate Practice of Medicine prohibition and talk about whether CPM concerns ever really go away.

Tips for Choosing a Healthcare Lawyer

Tips for Choosing a Healthcare Lawyer

How do you choose a healthcare or FDA lawyer? How do you pick? There are so many firms. A lot of firms try to dazzle you with price. They try to throw a supposed freebie at you, and they pretend that you can just get the advice, the foundation of your multi-million dollar business, your dream for free in a couple of minutes. Well, that’s not true.

How Does an MSO Contract with a Professional Medical Corporation?

How Does an MSO Contract with a Professional Medical Corporation?

In today’s video, we talk about the relationship between the MSO and the professional medical corporation—or in the case of mental health, it might be a psychological or behavioral health corporation—this is a scenario we know well.

Can the MSO Legally Brand the Healthcare Venture?

Can the MSO Legally Brand the Healthcare Venture?

In today’s video, we return to the puzzle of how the MSO brands its enterprise, given that the licensed medical doctor calls the shots for the professional medical corporation in the venture.

Can Non-Licensed Practitioners Avoid Practice of Medicine Issues?

Can Non-Licensed Practitioners Avoid Practice of Medicine Issues?

Right here, on today’s video, we are going to help unlicensed (or non-licensed) practitioners understand how prohibitions against unlicensed practice of medicine might or might not constrain their services or facilitate them.

What Are the New Laws Around AB 890?

What Are the New Laws Around AB 890?

This is a California-specific law. And many states already recognize nurses and provide nurses with the authority to practice autonomously. California was one of those holdout states that didn’t for years until now. And I’ll say that with caveats because I’ll explain kind of what the deal is here in California going forward.

Can Physicians Legally Invest in a Startup-Owned Pharmacy?

Can Physicians Legally Invest in a Startup-Owned Pharmacy?

In today’s video, we address whether a physician can legally invest in a pharmacy that is owned by a startup that provides online telehealth services, including diagnosis and prescription based on a questionnaire to its customers.

Medical Spa Laws Specify Doctor Supervision Level

Medical Spa Laws Specify Doctor Supervision Level

In today’s video, we dive deep into some of the laws governing medical spa and physician supervision of nurses.

Medical Spa Laws Detail Physician vs. Nurse Authority

Medical Spa Laws Detail Physician vs. Nurse Authority

In today’s video, we return to physician supervision of nurses within a medical spa.

MD Partners with Nutritionist or Chiropractor: Legal Trouble?

MD Partners with Nutritionist or Chiropractor: Legal Trouble?

In today’s video, we talk about a proposed partnership between a licensed medical doctor and a nutritionist, chiropractor, etc.

Healthcare Startup Partners with MD, Chiropractor, Nurse: Legal Jeopardy?

Healthcare Startup Partners with MD, Chiropractor, Nurse: Legal Jeopardy?

In today’s video, we’ll talk about a healthcare startup that wants to buy a medical or psychological or chiropractic practice and/or let’s just say partner with an MD, NP or RN, psychologist, or chiropractor.

Anti-Kickback vs. Stark: When do these laws apply?

Anti-Kickback vs. Stark: When do these laws apply?

In today’s video, we give a brief refresher on the difference between Stark and anti-kickback laws.

Telehealth, Tele-Counseling Legal

Telehealth, Tele-Counseling Legal

In today’s video, we describe legal strategies to help your telehealth, tele-counseling practice flourish.

Telehealth Law FAQs

Telehealth Law FAQs

In today’s video, we discuss legal strategy for a telehealth startup.

Medical Spa Raises Legal Questions About Scope

Medical Spa Raises Legal Questions About Scope

In today’s video, we discuss key legal issues faced by a recent medical spa client.

Health Coaching and Unlicensed Medical Practice

Health Coaching and Unlicensed Medical Practice

In today’s video, we discuss legal issues related to health coaching and unlicensed medical practice.

Do Healthcare Startups and Coaches Need Informed Consent?

Do Healthcare Startups and Coaches Need Informed Consent?

In today’s video, we discuss what you need to know if you’re a healthcare company or coach who need a consent form.

Does Physician Prescription by Telemedicine Raise FDA Issues?

Does Physician Prescription by Telemedicine Raise FDA Issues?

In today’s video, we look again at whether physician prescription by telemedicine is legal. But this time we are going to zoom in on FDA and FTC issues.

When Does Health Coaching “Slippery Slope” into Medical Practice?

When Does Health Coaching “Slippery Slope” into Medical Practice?

In today’s video, we talk about the slippery slope between practicing medicine, on one hand, and hanging up your physician or psychology or other license hat and doing health coaching, on the other. Today we’ll look at a business model that involves interpreting what other doctors or clinicians are saying and then translating that advice into plain English, following that by coaching patients on how to navigate their medical or psychological journey.

How Can a Multi-Disciplinary Health & Wellness Platform Handle Legal Risks?

How Can a Multi-Disciplinary Health & Wellness Platform Handle Legal Risks?

In today’s video, we ask: what are some key legal strategies that a multi-disciplinary health and wellness, mobile platform or app can deploy to handle legal risks?

Can a Subscription-Based Healthcare Startup Legally Deploy the RN Profitably?

Can a Subscription-Based Healthcare Startup Legally Deploy the RN Profitably?

In today’s video, we address a subscription-model healthcare startup that has the RN or Registered Nurse do the heavy lifting when it comes to signing up patients, visiting them at home and getting them to do the paperwork, administering medication and injections, a whole lot more, basically turbo-charging the profitability of that healthcare startup.

Can a Telehealth Startup Get Physician Investors Who Also Prescribe Digitally

Can a Telehealth Startup Get Physician Investors Who Also Prescribe Digitally

In today’s video, we look at a telehealth startup that has physicians prescribing remotely or digitally, and also gets solicited to become investors in the startup.

Can a Psychiatrist Prescribe Medication via Telemedicine?

Can a Psychiatrist Prescribe Medication via Telemedicine?

In today’s scenario, a psychiatrist desires to prescribe ketamine to psychiatric patients for mental health, via telemedicine. The psychiatrist wishes to prescribe across states yet is only licensed in California. What legal risks present, and how should a healthcare attorney guide this kind of a physician client?

Are Per-Patient Bonuses Legal?

Are Per-Patient Bonuses Legal?

In today’s video, we talk about the thorny question of whether bonusing staff on a per-patient business is legal or legally risky.

Do Acupuncture Laws Allows Remote Practice by Telehealth?

Do Acupuncture Laws Allows Remote Practice by Telehealth?

In today’s video, we discuss whether acupuncture laws allow remote practice or digital practice by telehealth.

Why am I a healthcare and FDA Lawyer

Why am I a healthcare and FDA Lawyer

At a surface level this is a story of professional development whose roots go deep into my childhood, the fact that I’m I healthcare lawyer.

IV Hydration Nutritional Therapy and Weight Loss Management Laws

IV Hydration Nutritional Therapy and Weight Loss Management Laws

Each and every week we get at least several new IV hydration, nutritional therapy and weigh management types of clients coming to us for legal advice.

Medical Director vs. MSO Model: Which Legal Structure?

Medical Director vs. MSO Model: Which Legal Structure?

Clients with medical spas, IV hydration clinics, and health and wellness centers often come to us wondering how to structure their venture with a physician. Sometimes it’s the healthcare entrepreneur who comes to us, sometimes a nurse in search of a collaborating physician, or a psychologist, social worker, nutritionist, or health coach.

Disclaimers for a Health Coaching Website

Disclaimers for a Health Coaching Website

In today’s video, we talk about disclaimers for a health coaching website. You might think a disclaimer is a disclaimer is a disclaimer, but there are some nuances.

What Entity Should I Use for my Medspa?

What Entity Should I Use for my Medspa?

Many medical spa, IV hydration, and health and wellness center clients call us with this question: can you help us with “entity formation”? Which entity should I use?

Cosmetic or Drug, How Does FDA Regulate?

Cosmetic or Drug, How Does FDA Regulate?

You have a health and wellness product and you’re wondering whether FDA will likely regulate it as a dietary supplement, a cosmetic, or a prescription drug. So many products out there seem to blur the lines and by the way, they’re sold online with outrageous claims.

Can You Get a Medical Doctor or Medical Director for Your Medspa?

Can You Get a Medical Doctor or Medical Director for Your Medspa?

We’re awash–pardon the pun–in medical spas, IV hydration centers, nurses opening healthcare practices, multidisciplinary centers, and health and wellness groups of all types. This stuff is exploding around the country.

Can a Chiropractor Employ a Medical Doctor?

Can a Chiropractor Employ a Medical Doctor?

Can a chiropractor employ a licensed medical doctor? The question reminds me a tee-shirt I once saw which said: “Can I pay my Mastercard with my VISA?”

Can a Telehealth Coaching Model be Legally Compliant?

Can a Telehealth Coaching Model be Legally Compliant?

In today’s video, we revisit a healthcare startup that wants to do telemedicine (but really telehealth) but they want to stay within the coaching model. So, is this possible? Is it okay to have a telemedicine that isn’t really “medicine?”

Do California Nurses Need a Collaborating Physician?

Do California Nurses Need a Collaborating Physician?

Nurses today are asking our law firm what are the upcoming big changes to nursing scope of practice in California from AB 890.

Medical Director? Legal Cautions & General Recommendations

Medical Director? Legal Cautions & General Recommendations

To be or NOT to be a Medical Director. That is the question. Recently we advised a physician who had received a terrific offer to become a medical director. The clinic itself was owned by a nonphysician in California.

Botox, Fillers, IV Hydration, Legal?

Botox, Fillers, IV Hydration, Legal?

So many medical spas and IV hydration clinics are opening, everyone wants to know the steps they need to take to launch. What agreements are necessary, what partners do you bring in, what do you do about a lease, where do you start?

Are Telemedicine Rules Consistent Across States?

Are Telemedicine Rules Consistent Across States?

In today’s video, we look at some of the convoluted, quirky paths that teletherapy laws and regulations can take.

Health Coaching Laws (Legal Strategy)

Health Coaching Laws (Legal Strategy)

In today’s video, we return to the legal twists and turns of health coaching.

What Goes in Health Coaching Disclaimers?

What Goes in Health Coaching Disclaimers?

In today’s video, we talk about how a disclaimer can help with you if you’re doing health coaching, even if you’re a medical doctor doing health coaching, chiropractor, psychologist, nursing professional, or other healthcare provider who wants to style themselves a health coach.

How Anti-kickback and Fee-Splitting Permeates Healthcare Arrangements

How Anti-kickback and Fee-Splitting Permeates Healthcare Arrangements

In today’s video, we’ll talk about how anti-kickback and fee splitting concerns permeate healthcare arrangements, and some ways to spot arrangements that potentially violate these laws, vs. those that are more likely to survive enforcement.

Is Patient Brokering Fee-Splitting or a Kickback?

Is Patient Brokering Fee-Splitting or a Kickback?

In today’s video, we are going to discuss patient brokering, fee-splitting and kickbacks.

Telemedicine: What’s Legal When Physicians Prescribe Online?

Telemedicine: What’s Legal When Physicians Prescribe Online?

In today’s video, we turn back to the question of physician prescription online, but this time, we will focus on comparing some of the telemedicine laws across different states.

Is Physician Prescription by Telemedicine Legal? Part 2

Is Physician Prescription by Telemedicine Legal? Part 2

In today’s video, we take a different tack on the question as to whether physician prescription by telemedicine is legal, illegal, or something in the middle. Let’s focus in on controlled substances. The prescription might involve, say, ketamine, testosterone, estrogen, or any controlled substance.

Is Physician Prescription by Telemedicine Legal? Part 1

Is Physician Prescription by Telemedicine Legal? Part 1

In today’s video, we return to the question as to whether physician prescription by telemedicine is legal or not.

Healthcare Startups: A Legal Services Primer

Healthcare Startups: A Legal Services Primer

Let’s say that you’re a telehealth company and you’ve got some complicated healthcare, regulatory, legal, and compliance questions. You’ve got HIPAA you’re concerned about, but maybe you have a vendor taking care of some of that, but still, you might be using the data in unusual ways. You’ve got some corporate practice of medicine concerns in states that have really sticklers about CPM and fee-splitting.

MSO vs Professional Medical Corp: Legal Permutations

MSO vs Professional Medical Corp: Legal Permutations

What’s the difference between using the MSO model on one hand or the Moscone-Knox Professional Corporation Act on the other? People sometimes get these two confused. So I’m going to give you a very quick overview.

Can an MSO Operate a Medical Practice?

Can an MSO Operate a Medical Practice?

In today’s video, we talk about whether and how an MSO can operate a medical practice. The key here is, what do we mean by the term, “operate?” Are we talking about the business side, the clinical side, something in-between?

Healthcare Lawyer Michael H. Cohen: My Story

Healthcare Lawyer Michael H. Cohen: My Story

What’s your story? Why are you doing what you’re doing? Why are you devoting so much of your time and energy and breath and resources and late nights thinking about your health and wellness venture? Sometimes people ask me, what’s your story, Michael, how did you get into being a healthcare lawyer?

What is a Legal Strategy Session?

What is a Legal Strategy Session?

What is a Legal Strategy Session and why do we do it?

BioIdentical Hormones Consent Forms & Legal Issues

BioIdentical Hormones Consent Forms & Legal Issues

In today’s video, we address legal issues and legal risk mitigation for clinical practices that prescribe bioidentical hormones or have a functional medicine or integrative medicine approach.

FDA Says Context Can Create Implied Disease Claims for Your Dietary Supplements

In today’s video, we talk about even more common labeling mistakes that dietary supplement manufacturers and distributors make when making marketing claims for their products.

Dietary Supplement Labeling Claims: Implied Disease Claims

Dietary Supplement Labeling Claims: Implied Disease Claims

In today’s video, we return to one of my favorite subjects, common labeling mistakes that dietary supplement manufacturers and distributors make when creating marketing claims for their products.

Health Coaching Plus: FDA Medical Device and Legal Issues

Health Coaching Plus: FDA Medical Device and Legal Issues

Here’s today’s scenario. Joe is someone who took biology, chemistry, thought about going to medical school, but didn’t do so. Didn’t get a license although he’s got cousins that are nurses and doctors and psychologists, maybe Joe’s ABD with a psychology PhD.

How Can Telemedicine Companies Use the MSO Model?

How Can Telemedicine Companies Use the MSO Model?

Today, I’d like to talk about some key questions related to telehealth. Does telehealth use the MSO model, and are telemedicine companies and platforms essentially MSOs, and who cares? why does this matter?

Telemedicine: Kickbacks & Fee-Splitting Issues

Telemedicine: Kickbacks & Fee-Splitting Issues

In today’s video, we talk about whether a healthcare startup that connects doctors and patients can charge patients a software access fee.

More Anti-Kickback & Fee-Splitting Legal Basics

More Anti-Kickback & Fee-Splitting Legal Basics

In today’s video, we discuss more basics of federal and state anti-kickback and fee-splitting prohibitions.

Differences Between Health Coaching Disclaimers & Medical Consents

Differences Between Health Coaching Disclaimers & Medical Consents

In today’s video, we talk about how a health coaching disclaimer is different from a medical consent, and when you should use one versus the other.

Anti-Kickback & Fee-Splitting Legal Basics

Anti-Kickback & Fee-Splitting Legal Basics

In today’s video, we discuss the basics of federal and state anti-kickback and fee-splitting prohibitions.

IV Therapy: What Legal Risks in Advertising

IV Therapy: What Legal Risks in Advertising

In today’s video, we talk about legal risks and risk mitigation related to provision (once again) of IV therapies—and we focus on Federal Trade Commission (FTC) enforcement around false advertising charges.

Legal Risk Mitigation for IV Therapy Startups

Legal Risk Mitigation for IV Therapy Startups

In today’s video, we return to legal risks and risk mitigation for a healthcare startup deploying IV therapies.

Do Functional Medicine, Anti-aging, IV Infusion Raise Legal Concerns?

Do Functional Medicine, Anti-aging, IV Infusion Raise Legal Concerns?

In today’s video, we return to legal issues in functional medicine and anti-aging practices, including IV therapies.

Mobile Patient IV Hydration Legal Issues

Mobile Patient IV Hydration Legal Issues

In today’s video, we talk about laws governing mobile patient services such as IV hydration, vitamins, and concierge medical spa services like Botox.

Telemedicine Startup Kickback & Fee-Splitting Laws

Telemedicine Startup Kickback & Fee-Splitting Laws

In today’s video, we discuss how Telemedicine Startup Kickback & Fee-Splitting Laws are going to shape your healthcare venture.

Does the MSO Model Resolve Unlicensed Medical Practice Concerns?

Does the MSO Model Resolve Unlicensed Medical Practice Concerns?

In today’s video, we discuss how the MSO model can support a healthcare startup, let’s say for Women’s Health or Men’s Health or any other kind of specific medical concept.

Can a telemedicine startup, charge patients a software or access fee

Can a telemedicine startup, charge patients a software or access fee?

In today’s video, we shed more light on the substantive legal issues in a per-click or software fee for telemedicine patients.

Is Your Product a Dietary Supplement or an FDA-Regulated Drug? (Part 2)

Is Your Product a Dietary Supplement or an FDA-Regulated Drug? (Part 2)

In today’s video, we’ll talk about some more not so obvious ways that FDA can classify your dietary supplement as a drug.

Is Your Product a Dietary Supplement or an FDA-Regulated Drug?

Is Your Product a Dietary Supplement or an FDA-Regulated Drug? (Part 1)

In today’s video, we’ll talk about some not so obvious ways that FDA can classify your dietary supplement as a drug.

How FDA Lawyers Review Labels for FDA Concerns

How FDA Lawyers Review Labels for FDA Concerns

In today’s video, we discuss what’s involved in an FDA label review. Typically, a client comes to us with a proposed dietary supplement product and asks us something like, “can you please tell me what it would take to review our labels?”

Is Your Product a Medical Device or General Wellness Product?

Is Your Product a Medical Device or General Wellness Product?

In today’s video, we’ll help you further understand some of the important FDA rules around medical devices.

FDA & FTC Legal Update: Dietary Supplements and Cosmetics (Part 2)

FDA & FTC Legal Update: Dietary Supplements and Cosmetics (Part 2)

In today’s video, we help you further understand potential exposure to the legal and regulatory quagmire of FDA and FTC liability.

FDA & FTC Legal Update: Dietary Supplements and Cosmetics

FDA & FTC Legal Update: Dietary Supplements and Cosmetics (Part 1)

In today’s video, I’ll help you understand potential exposure to the legal and regulatory quagmire of FDA and FTC false advertising liability.

Is an Online Course With DIY Lab Tests for Mental Health, "Health Coaching?"

Is an Online Course With DIY Lab Tests for Mental Health, “Health Coaching?”

In today’s video, we talk about some of the legal lines between the practice of medicine and psychology, and health coaching.

How to Label Your Dietary Supplement: Claims Issues

How to Label Your Dietary Supplement: Claims Issues

In today’s video, we help you further understand some of the important FDA rules around labeling your product.

How To Label Your Cosmetics Product: Labeling

How To Label Your Cosmetics Product: Labeling

In today’s video, we help you further understand some of the important FDA rules around labeling your cosmetics product.

Key Legal Challenges for Health Coaching Platforms to Master

Key Legal Challenges for Health Coaching Platforms to Master

In today’s video, we discuss key legal issues facing a multidisciplinary healthcare center that includes a medical doctor, a chiropractor, a health coach, a nurse, psychologist, behavioral health counselor, nutritionist, physical therapist, and other practitioners.

Key Dietary Supplement and Cosmetic Questions

Key Dietary Supplement and Cosmetic Questions

In today’s video, we discuss some key questions that clients bring to us when they have a new dietary supplement or cosmetic.

Friendly PC Model Creates Legal Risk of Regulatory Attack

Friendly PC Model Creates Legal Risk of Regulatory Attack

In today’s video, we discuss the “friendly PC” model and how PCs and PLLCs, or Professional Corporations and Professional Limited Liability Companies, can work with MSOs without getting shredded by regulators.

Telehealth Legal: Stark, Anti-Kickback, Fee-Splitting, Structure

Telehealth Legal: Stark, Anti-Kickback, Fee-Splitting, Structure

In today’s video, we talk about how we helped one telehealth practice navigate a range of legal issues including Stark and anti-kickback, fee-splitting, consents, and business structure questions.

How Good is Free Healthcare Law Advice

How Good is Free Healthcare Law Advice

In today’s video, we talk about the free legal consult that is a hook for many healthcare ventures. Go fish.

Do Health & Wellness Online Authors Risk Lawsuits?

Do Health & Wellness Online Authors Risk Lawsuits?

If you’re someone who is publishing a book or e-book on health and wellness and you’re looking at a lot of media opportunities, and you’re concerned about your potential liability, then this video is for you.

Corporate Practice of Medicine, Psychology, Physical Therapy Risks to Investors

Corporate Practice of Medicine, Psychology, Physical Therapy Risks to Investors

In today’s video, we discuss how investors can profit from businesses that deliver clinical services—and where they get themselves in trouble.

Dietary Supplement Claims: Avoid FDA Enforcement Crosshairs

Dietary Supplement Claims: Avoid FDA Enforcement Crosshairs

Dietary supplement claims are the focus of today’s video: when you want to market a dietary supplement product, what are the basic FDA rules that you need to follow?

Do Health Coaches Risk Unlicensed Practice of Medicine, Psychology or Nutrition?

Do Health Coaches Risk Unlicensed Practice of Medicine, Psychology or Nutrition?

In today’s video, we discuss health coaching and whether health coaches can carve out a professional niche that doesn’t create undue risk of enforcement for unlicensed practice of medicine, psychology, or nutrition.

How Our Healthcare Legal Strategy Session Could Rock You

How Our Healthcare Legal Strategy Session Could Rock You

In today’s video, we talk about the question healthcare startups and mature healthcare companies routinely ask us: How do we know if we’re a good fit?

Healthcare Startups Don’t Miss Critical Regulatory Risks

Healthcare Startups Don’t Miss Critical Regulatory Risks

In today’s video, we talk about the regulatory issues that healthcare startups can face, and why it’s important to understand that these regulatory risks can trip up the healthcare venture.

Physician Employment Agreements – Compensation & Other Legal

Physician Employment Agreements – Compensation & Other Legal

After some preliminary material in the physician employment agreement we’ve talked about elsewhere, there’s an all-important section describing the medical doctor’s compensation.

Integrated Medical Clinic - Key Legal Takeaways

Integrated Medical Clinic – Key Legal Takeaways

In today’s video, we tell you about key legal challenges associated with a multidisciplinary, integrative healthcare practice that has an MD (medical doctor), and a DC (chiropractic doctor), and other practitioners like nurses, psychotherapists, behavioral health counselors, acupuncturists, naturopathic doctors, and other healthcare licensees.

How FTC Compliance Works: Labeling Your Dietary Supplements

How FTC Compliance Works: Labeling Your Dietary Supplements

In today’s video, we talk about more common labeling mistakes that dietary supplement manufacturers and distributors make when creating marketing claims for their products.

Stark & PORA Basics

Stark & PORA Basics

In today’s video, we discuss the basics of federal Stark law, and the anti-kickback and fee-splitting prohibitions.

How the MSO Model Helps Healthcare Startups

How the MSO Model Helps Healthcare Startups

In today’s video, we discuss how corporate practice of medicine fears still shape healthcare startup decisions about how to structure their digital health business, and we talk about the MSO model as a tried and tested option.

Can Medical Doctors Legally Be Coaches?

Can Medical Doctors Legally Be Coaches?

In today’s video, we talk about how a physician can have a dual role, one is treating the patient and the other is providing online education.

Can Physicians Legally Do Health Coaching?

Can Physicians Legally Do Health Coaching?

In today’s video, we talk about how physicians can tackle the legal and regulatory issues that often arise with health coaching.

How MDs and Chiropractors Mitigate Legal Risks of Health Coaching

How MDs and Chiropractors Mitigate Legal Risks of Health Coaching

In today’s video, we talk more about legal risk mitigation for physicians, chiropractors, and other clinicians who want to do health coaching.

How to Create a Telemedicine MSO

How to Create a Telemedicine MSO

So you’d like to create an MSO for a telemedicine company, so what’s the best way to do this?

IV Hydration Therapy - Legal Strategies

IV Hydration Therapy – Legal Strategies

In today’s video, we discuss some of the legal perils involving IV hydration therapy and potential legal strategies and solutions.

How To Make Structure/Function Claims That Comply With DSHEA

How To Make Structure/Function Claims That Comply With DSHEA

In today’s video, we discuss how one client handled the legal uncertainty regarding the claims he could make for his new dietary supplement, which happened to involve the arena of brain health.

IV Hydration Therapy Services Raise Legal Challenges

IV Hydration Therapy Services Raise Legal Challenges

In today’s video, we talk about legal issues raised by IV hydration therapy, in particular in the area of COVID-19 aka coronavirus.

How to Choose a Healthcare and FDA Law Attorney

How to Choose a Healthcare and FDA Law Attorney

In today’s video, we talk about how to choose a healthcare and FDA law attorney. How do you choose your healthcare or FDA law attorney?

Telehealth Laws Across States

Telehealth Laws Across States

In today’s video, we discuss how a behavioral health therapist might do telehealth across states.

Post-COVID Telemedicine Licensing Requirements: Easier?

Post-COVID Telemedicine Licensing Requirements: Easier?

In today’s video, we discuss whether in a post-COVID world, telemedicine licensing laws will be easier.

Three Top Legal Strategies for Medical Spa Compliance

Three Top Legal Strategies for Medical Spa Compliance

In today’s video, we discuss three top legal strategies for medical spa compliance. We have three tips for you today, legal strategies that potentially can pay off in terms of lowering your overall compliance risk.

Did COVID Relax Telemedicine Laws?

Did COVID Relax Telemedicine Laws?

In today’s video, we discuss whether COVID relaxed telemedicine laws.

Medical Tourism Traps for the Unwary Provider

Medical Tourism Traps for the Unwary Provider

In today’s video, we discuss one of the big traps that a healthcare provider in the U.S. can run into when trying to expand its clientele by positioning itself to take advantage of the growing trend of medical tourism and seeing patients from abroad.

Medical Spa Compliance: Can an MD and RN Partner Up?

Medical Spa Compliance: Can an MD and RN Partner Up?

In today’s video, we discuss key mistake medical spas are making in their legal compliance, and how medical spas can thrive instead of floundering in the complicated legal maze.

My Thanks to Clients & Team in a Post-COVID World

My Thanks to Clients & Team in a Post-COVID World

Hello, this is Michael H. Cohen, founding attorney of Cohen Healthcare Law Group. I’d like to take this opportunity to express my appreciation and gratitude to you, to all of our clients who have been with us during the past year.

Integrative Medicine & Functional Medicine Legal Foundations Rock Your Practice

Integrative Medicine & Functional Medicine Legal Foundations Rock Your Practice

In today’s video, we discuss some legal foundations for your integrative and functional medicine telehealth practice.

10 Ways a Dietary Supplement Can Be Regulated Like A Drug

10 Ways a Dietary Supplement Can Be Regulated Like A Drug (Oops!)

In today’s video, we’ll talk about how FDA can classify your dietary supplement as a drug, subjecting you to enforcement that might require you to stop selling your product, and at a minimum will require significant rebranding.

FTC Enforces False Advertising Rules Against Cell Repair Products

FTC Enforces False Advertising Rules Against ‘Cell Repair’ Products

In today’s video, we discuss the dangers of marketing products without proper legal review—in this case, not just FDA enforcement, but even more significantly, FTC (Federal Trade Commission) action. We talk also about ways to manage FTC enforcement risk when you have your FDA and FTC attorneys review your Web, your online and digital marketing copy.

FDA & FTC Regulatory Peril in Consumer Products

FDA & FTC Regulatory Peril in Consumer Products

In today’s video, let’s talk some more about FDA and FTC issues in consumer products that focus on health, wellness, lifestyle or fitness.

How Does FDA Regulate Direct-to-Consumer Tests

How Does FDA Regulate Direct-to-Consumer Tests

In today’s video, we discuss how FDA regulates direct-to-consumer tests, tests that are marketed directly to consumers without the involvement of a health care professional, like the patient’s medical doctor.

Who Wants to Be a Physician Pharmacy Owner?

Who Wants to Be a Physician Pharmacy Owner?

In today’s video, we discuss whether physicians something that many of our physician clients have asked us about, namely, whether they can operate and open their own pharmacies or even have ownership interest in a pharmacy.

Can a Healthcare Product Distributor Get Sued for Repeating a 510(k) Claim That’s False?

Can a Healthcare Product Distributor Get Sued for Repeating a 510(k) Claim That’s False?

In today’s video, we discuss how a distributor of a health and wellness consumer product (it could be you) bought themselves a lawsuit, when they purchased an FDA-registered, Class 1 medical device and promote it on their website.

Health Coaching Lawyer Reveals Secrets to Health Coaching Laws

Health Coaching Lawyer Reveals Secrets to Health Coaching Laws

In today’s video, we talk about some secret that health coaches must know before launching on the market and getting in trouble with the law for health coaching.

Health Coaching Laws Challenge Licensed MD Across States

Health Coaching Laws Challenge Licensed MD Across States

In today’s video, we return to the topic of a medical doctor who does health coaching.

Online Wellness - Handling Legal Compliance Challenges

Online Wellness – Handling Legal Compliance Challenges

In today’s video, we discuss healthcare legal compliance challenges that an online health and wellness company might face.

Health Coaching Legal Pitfalls & How To Limit Health Coaching Lawsuits

Health Coaching Legal Pitfalls & How To Limit Health Coaching Lawsuits

In today’s video, we return to the question of health coaching and whether licensed medical doctors, psychologists, marriage and family therapists, behavioral health specialists and counselors, can call themselves “health coaches” and provide mental and behavioral health services online.

Multistate Coaching Laws

Multistate Coaching Laws & Legal Challenges

In today’s video, we discuss healthcare legal compliance challenges that a healthcare startup might face when it ventures into digital healthcare, and advises its customers on healthcare and lifestyle choices, using health coaches or life coaches.

Functional Medicine Telemedicine: How Do You Set It Up

Functional Medicine Telemedicine: How Do You Set It Up

Dr. Bob Smith came to our law firm, he was a hospital physician with 15 years’ experience. The hospital let go a lot of its staff, and Dr. Bob decided to open a telemedicine practice focusing on functional medicine, emphasizing nutrition, dietary supplement, and lifestyle.

Do Telemedicine Laws Require a Minimum Number of In-Person Visits?

Do Telemedicine Laws Require a Minimum Number of In-Person Visits?

In today’s video, we discuss what are the minimum number of times per year and that a physician must see a patient, in-person, prior to treating the patient via telehealth?

Is it a crime to give people information about alternative therapies?

Is it a crime to give people information about alternative therapies?

Is it a crime to give people information about alternative complementary integrated therapies that could potentially be a benefit to them? Is it against the law? Is it a statutory violation?

Supplement Disease Claims: A Huge FTC Risk

In today’s video, we discuss disease claims for dietary supplements, and the major enforcement risk that would get raised if you made them for your supplement product.

How to Draft a Telemedicine Informed Consent

In today’s video, we discuss whether you need a specific type of consent form to offer patients telemedicine or telehealth services.

FTC Enforcement Actions Hurt, Don’t Lose Your Shirt

Any health and wellness company not strong or tough enough to take the FTC pain, should have its marketing materials reviewed by legal counsel before putting them up on the Web.

Functional Medicine Telehealth: Does Standard of Care Change?

In today’s video, we talk to those of you who want to make functional medicine work in a virtual healthcare, telehealth, telemedicine platform, that means without seeing the patient in person.

3 Legal Tips for Physicians Starting a Business

In today’s video, I’ll give you three legal tips for physicians forming a business.

Healthcare Law Issues in a Digital, Telehealth Functional Medicine Practice

Healthcare Law Issues in a Digital, Telehealth Functional Medicine Practice

In today’s video, we discuss healthcare law issues in a digital, telehealth functional medicine practice or business.

FTC Weight Loss Claims – Legal Gut Check

FTC Weight Loss Claims – Legal Gut Check

In today’s video, we’ll talk about how the FTC handles weight loss claims—and we’re not referring to “love” handles, either. We’ll also give you some legal risk mitigation ideas.

Regenerative Medicine & Stem Cell Practice in Medical Spas – Legal Alert

Regenerative Medicine & Stem Cell Practice in Medical Spas – Legal Alert

In today’s video, we talk about how medical spas and medical practices handle some of the legal issues with regenerative medicine, and stem cell therapies.

Virtual Reality Health Fitness Coaching App: Healthcare Startup Legal Snafu?

Virtual Reality Health Fitness Coaching App: Healthcare Startup Legal Snafu?

Joe, not the plumber, but the app developer, has an app that combines virtual reality health coaching, personal fitness training and nutritional advice. Joe has come to us for legal advice because of our expertise in health and wellness businesses. What does Joe need?

Health Fitness Coaching Apps and Virtual Reality: Practice of Medicine?

Health Fitness Coaching Apps and Virtual Reality: Practice of Medicine?

In this video, we’ll discuss an app that combines virtual reality health coaching, together with personal fitness and nutritional advice and much more. What are the regulatory pitfalls and possible workarounds?

Functional Medicine

Functional Medicine

How can a functional medicine doctor create a concierge medicine model for their patients?
There are two important legal tools here: (1) your informed consent form, and (2) your membership agreement with the patient.

Telemedicine Agreements: How to Spot That Hidden Penalty Clause

Telemedicine Agreements: How to Spot That Hidden Penalty Clause

In the last video, we were talking about Dr. Bob who got a two-million-dollar contract with a hospital to provide telemedicine services. Unfortunately, Dr. Bob didn’t get the last bit of legal advice he needed. He skimped on the small retainer and found the hospital later exacting a million-dollar penalty. How did this all play out, and what can we learn from this unfortunate scenario?

Use an MSO to Comply with Federal Anti-Kickback Safe Harbors

Use an MSO to Comply with Federal Anti-Kickback Safe Harbors

What can an MSO, a Management Services Organization, do to augment your healthcare compliance?

Physician Employment Agreements: Don’t Miss These Key Protections!

Physician Employment Agreements: Don’t Miss These Key Protections!

In this video, we talk to our physician clients about key protections that you’ll want to include in your employment agreement. Now, if you’re a medical practice or medical group, you’ll also want to know what provisions to include on your side of employment agreement.

Medical Director Legal No-Nos for Medical Spas

In today’s video, we discuss whether being “Medical Director” is a Legal Trap for your Medical Spa. By the end of today’s video, you’ll get a sense as to whether it’s a good or bad idea to have a “medical director” in your medical spa, or to be a physician who acts as a medical director for a medspa.

Avoid a Hidden Fee in that Hospital to Physician Telemedicine Contract

Avoid a Hidden Fee in that Hospital to Physician Telemedicine Contract

By the end of today’s video, you’ll learn about a super-sneaky trick that was played on somebody who had a contract partly reviewed, but didn’t get the potion of legal advice all the way, so there was not enough.

How to Inoculate Yourself Against Corporate Practice of Medicine Kryptonite

How to Inoculate Yourself Against Corporate Practice of Medicine Kryptonite

In today’s video, we’ll talk about how to inoculate yourself against Corporate Practice of Medicine kryptonite, using some sound legal risk mitigation tools and tips.

Telemedicine & MSO Contracts—Legal

Telemedicine & MSO Contracts—Legal

In this video, we walk you through how we worked with a recent client, a physician who has a telemedicine practice and a management services organization, also known as an MSO.

How a Healthcare Lawyer Helps you Prevent These Costly Mistakes

How a Healthcare Lawyer Helps you Prevent These Costly Mistakes

Why do you need, or want to hire a healthcare lawyer? Why get someone who understands health and wellness law, FDA law? Not just let your business lawyer handle your healthcare practice issues or your health and wellness venture, whether it’s telehealth, mobile medical app, digital platform, or some kind of idea that mediates healthcare and the consumer through technology?

Healthcare Law as a Spiritual Path

Healthcare Law as a Spiritual Path

These days, everybody’s into public health. It’s obviously a topic of concern. Everybody wants to know about virology and how we can get healthier. So, being a healthcare lawyer is very occurrent right now. Why is it that we practice healthcare law, and what does this mean to you?

Is Your Healthcare Business Really a Practice

Is Your Healthcare Business Really a Practice

In today’s video, we discuss certain healthcare business models incorporating medical devices that might have to deal with FDA rules on those devices.

Dissolving Conscious: Pandemic Dream Poetry

Dissolving Conscious: Pandemic Dream Poetry

2:12 AM here and I had this dream. I went to an islander retreat site, the captain of the bus was telling me about the pandemic conditions. My son was there, but then the dream was about me. I found myself alone at the site. It was deserted out there and a woman’s face was dissolving into the sand. The sea was rushing in, the captain was saying, “This is all about fear.”

Can You Beat Corporate Practice of Medicine Rules?

Can You Beat Corporate Practice of Medicine Rules?

In today’s video, we discuss the subject of corporate practice of medicine. Plenty of clients come to us having heard this very anachronistic term and ask us to help them understand what it means for them. Corporate practice of medicine, right? So it has something to do with the big healthcare companies, maybe the giants in healthcare industry? Not quite – but we’re going to unpack it together, make it very digestible.

Concierge Medicine - Membership Model & Consent

Concierge Medicine – Membership Model & Consent

In this video, we talk about some of the foundational legal documents you will need when you decide to implement a membership model for your medical practice or other healthcare clinical operation.

Healthcare Lawyer vs FDA Lawyer

“Healthcare Lawyer” vs “FDA Lawyer”

In today’s video, we discuss the difference between “Healthcare Lawyer” and “FDA Lawyer” and what the distinction means in terms of your potential needs. Many of our clients upon watching our videos or reading our website take notice when we say “Healthcare and FDA lawyers” and they ask us whether these are the same thing, whether they cover totally different areas, or something in between.

Legal Issues When Leaving a Medical Practice: Navigating Non-Solicitation vs. Abandonment

Legal Issues When Leaving a Medical Practice: Navigating Non-Solicitation vs. Abandonment

In today’s video, we talk more about what to do and what to do and NOT to do, if you’re a physician who is leaving someone else’s medical group, or medical practice, where you’ve been happily employed until you decide to no longer be employed there.

Can a Physician Assistant Run Your Medical Practice?

Can a Physician Assistant Run Your Medical Practice?

Can a Physician Assistant run your medical practice? By the end of today’s video, you’ll know whether this wish corresponds with reality. We’ll walk through some of the legal compliance fine points, and, danger zones.

Healthcare Law, Health & Wellness Industry Mission

Healthcare Law, Health & Wellness Industry Mission

Happy New Year, Happy New Decade! As someone dedicated to health and wellness, to really making a difference in the world, we join you in saluting this new energy of transformation that is coming our way in the healthcare industry.

What Opting Out of Medicare Means for a Practice

What Opting Out of Medicare Means for a Practice

In today’s video, we discuss a few of the ways a medical practice can be affected by choosing to opt out of Medicare.

Medical Practice Departure: Non-Solicitation vs Abandonment vs Non-Compete

Medical Practice Departure: Non-Solicitation vs Abandonment vs Non-Compete

In today’s video, we talk to the physician or chiropractor some more about what to do and NOT to do when you are leaving someone else’s medical group, medical practice, integrative medicine center, functional medicine center, health and wellness group, whatever it’s called, where you’ve been, up until now, gainfully employed.

How Doctors & Nurses Use Standardized Procedures for Medical Spa Compliance

How Doctors & Nurses Use Standardized Procedures for Medical Spa Compliance

Doctors and nurses and standardized procedures, oh my! Well it doesn’t quite have the same resonance as Dorothy’s chant in Wizard of Oz, but doctors and nurses and standardized procedures really do go together well, and, they lurk out there in the wild woods of compliance land, especially for medical spas and similar healthcare ventures. By the end of today’s video, you’ll know some key compliance pointers that help keep medical spas out of enforcement jujitsu.

Multistate Telemedicine Laws & Legal Challenges

Multistate Telemedicine Laws & Legal Challenges

In today’s video, we discuss healthcare legal compliance challenges that an online health and wellness, telemedicine company might face.

Avoid Medical Spa Compliance Blues with These Legal Tips

Avoid Medical Spa Compliance Blues with These Legal Tips

In today’s video, we discuss medical spa compliance and legal tips and strategies to help you get over the medspa compliance blues. By the end of today’s video, you’ll learn top enforcement hot buttons and how to mitigate legal and regulatory risk for your medical spa.

Nonsurgical Medical Cosmetic Procedures – Legal

In today’s video, we talk about laws governing nonsurgical medical cosmetic procedures. Let’s break that down: these are procedures that are nonsurgical, so they don’t involve surgery.

Medical Spa Delegation: Money Magic or Compliance Crinkle?

Medical Spa Delegation: Money Magic or Compliance Crinkle?

Delegating in your medical spa can be a money-maker; it can also create compliance woes and legal exposure. In today’s video, we talk about some of the compliance do’s and don’ts, especially under California law.

BAA BAA HIPAA Sheep, Have You Any Compliance Penalties?

BAA BAA HIPAA Sheep, Have You Any Compliance Penalties?

Business Associate Agreements, or BAAs, are all the rage these days. As in rage against the machine, the giant multi-tentacled gleaming metallic horror that is popularly known as the Health Insurance Portability and Accountability Act, or HIPAA.

Who Legally Owns a Medical Spa?

Who could legally own a medical spa? That’s the question we address in today’s video. By the end of today’s video, you’ll understand how medical doctors and healthcare entrepreneurs use the MSO (or management services organization) model to mitigate the considerable enforcement attention to medical spa operations.

Laws Governing Regenerative Medicine & Stem Cell Practice in Medical Spas

In today’s video, we provide general guidance to medical doctors and medical spas about handling laws and regulations governing regenerative medicine and stem cell practice.

California Anti-Kickback and Fee-Splitting Law for Smarties

California Anti-kickback and Fee-Splitting Law for Smarties is the subject of today’s video.

Fee-Splitting & Anti-Kickback Issues for Healthcare Clinics

In today’s video, we discuss how multidisciplinary clinical healthcare practices can be profitable without running afoul of legal rules prohibiting corporate practice of medicine, and prohibitions against kickbacks and fee-splitting.

FTC Legal Issues Require Nuanced Legal Advice

In today’s video, we return to FTC substantiation rules and talk about the dilemma substantiation causes for dietary supplement and cosmetics companies, as well as how to break through.

Can FTC Substantiation Requirements Take Down Your Healthcare Product?

In today’s video, we describe how FTC substantiation rules can make or break the marketing you can make for your health and wellness product.

Will FDA/FTC Substantiation Rules Blow Your Supplement Company Up?

In today’s video, we discuss how FDA and FTC substantiation rules can ensnare, derail, and detonate dietary supplement and cosmetics companies.

Hiring a Healthcare or FDA Lawyer: How to Get the Most Value

In today’s video, we talk about how to get the most out of your engagement with a healthcare and FDA law firm or lawyer.

Functional Medicine Legal Issues

In today’s video, we discuss how functional medicine practices can navigate some of the legal traps that assail many medical practices and healthcare businesses, especially when they get into somewhat novel or unconventional waters such as functional medicine.

Healthcare Law – Telemedicine Future

Michael H. Cohen was a featured speaker on the panel for legal and compliance threats to Health Care organizations at the Southern California State of Reform Health policy conference.

Dr. Seymour Heart on Telemedicine

Dr. Seymour Heart on Telemedicine

Dr. Seymour Heart shares his thoughts on Health Care reform

Cannabis Labeling Legal Issues

Cannabis labeling legal issues are the subject of today’s video. By the end of this video you’ll have some basic familiarity with the way FDA lawyers approach labeling issues for dietary supplements as well as for cannabis products.

Does the FDA Regulate Your Cosmetics as Drugs?

In today’s video, we discuss how FDA regulates cosmetics claims, and the risk that FDA could regulate your cosmetics as a drug.

10 Ways Your Dietary Supplement or Cosmetic is a Drug

In today’s video, we discuss how FDA can find that your dietary supplement or cosmetic deserves to be regulated as a “drug,” which means you can’t sell your product unless you get premarket, New Drug Approval from FDA.

How FDA's Intended Use Doctrine Shapes Your Nutraceutical Marketing

How FDA’s Intended Use Doctrine Shapes Your Nutraceutical Marketing

In today’s video, we discuss how FDA’s Intended Use Doctrine really shapes the potential market for your dietary supplement claims. We’ll also explain how the Intended Use Doctrine affects your marketing of dietary supplement or cosmetics product.

How the FDA Regulates Supplement Claims

How the FDA Regulates Supplement Claims

In today’s video, we discuss how FDA regulates dietary supplement claims.

Does an App Count as a Medical Device?

Does an App Count as a Medical Device?

In today’s video, we return to the topic of medical devices to address a more specific question: are apps medical devices? If you’ve seen our previous video on medical devices, you’ll recall the definition that medical devices had to be an instrument, apparatus, implement, etc. But a big question from our health and wellness industry clients working in the digital space is how an app fits in to all of this.

Medical Devices 101

In today’s video, we discuss medical devices and the basic information you need to know about them. Many of our clients have asked us how they are supposed to know whether something is considered a medical device or not, and what kind of regulations apply to medical devices.<