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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 complimentary 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.

Oceanic Wishes Health & Wellness Clients

Oceanic Wishes Health & Wellness Clients

In today’s video, I’m going to talk about the gap between the law and what you want to accomplish as a healthcare startup or a health and wellness practice or a healthcare company.

Dr. Seymour Heart on Keto Diets

Dr. Seymour Heart on Keto Diets

In today’s video, we interview world-renowned cardiologist, Dr. Seymour Heart, on what he recommends to his patients for diet and nutrition

Stark vs Anti-Kickback vs Fee-Splitting

In today’s video, I’m going to speak extemporaneously about Stark Law and Anti-Kickback Law. Why? Because Stark and anti-kickback and fee splitting, also known generally as fraud and abuse, these issues come up again and again and again with every single healthcare venture.

Stark vs Anti-Kickback: The Key Differences

Stark vs Anti-Kickback: The Key Differences

In today’s video, we return to the topic of Stark Law to discuss the differences between Stark and the Anti-Kickback Statute, because many of our clients have asked us about how these two features of the regulatory landscape relate to one another.

Stark Law Exceptions that Might Apply to You

Stark Law Exceptions that Might Apply to You

In today’s video, we discuss some exceptions to Stark Law, which deals with improper referrals by physicians and healthcare practitioners.

Stark Penalties Stink: What to Watch Out For

Stark Penalties Stink: What to Watch Out For

In today’s video, we return to the topic of Stark Law to discuss what some of the penalties for violating Stark Law are.

CBD: How to Avoid FDA Enforcement

CBD: How to Avoid FDA Enforcement

In today’s video, we discuss FDA enforcement against CBD product manufacturers and how to escape the jaws of the FDA.

Cannabis Legal Highs & Lows: FDA on CBD

Cannabis Legal Highs & Lows: FDA on CBD

In today’s video, we discuss CBD oil claims that are very common on the shelves, yet which the FDA has specifically warned will lead to FDA enforcement action.

CBD Oil Claims: The FDA Law Basics

CBD Oil Claims: The FDA Law Basics

In today’s video, we talk about marketing CBD oil products, and what FDA allows vs. what FDA prohibits.

Cannabis Laws 101

Cannabis Laws 101

In today’s video, we discuss laws governing the cannabis industry. Many healthcare companies are rushing into the cannabis and CBD oil space, and they’re looking for legal counsel on what they can lawfully market (or not).

Q&A with Dr. Seymour Heart

Q&A with Dr. Seymour Heart

An interview with world renowned cardiologist, Dr. Seymour Heart.

Key Points You Need to Remember About Fee-Splitting

Key Points You Need to Remember About Fee-Splitting

In today’s video, we discuss fee-splitting, anti-kickback, Stark and anti-markup rules, and how these are all related.

The First Steps to Understanding Stark Law

The First Steps to Understanding Stark Law

In today’s video, we will be introducing you to Stark Law.

What You Need to Know About Fee-Splitting

What You Need to Know About Fee-Splitting

In today’s video, we discuss when fee-splitting occurs, specifically medical fee-splitting and including doctor fee-splitting in California.

Can a Professional Medical Corporation Stop Corporate Practice of Medicine?

Can a Professional Medical Corporation Stop Corporate Practice of Medicine?

In today’s video, we discuss whether having a professional medical corporation can get you out of corporate practice of medicine enforcement.

What Practitioners Can Fit in My Professional Medical Corporation?

What Practitioners Can Fit in My Professional Medical Corporation?

In today’s video, we talk about what healthcare practitioners you can mix and match in your professional corporation.

Why Do I Need a Professional Medical Corporation?

Why Do I Need a Professional Medical Corporation?

In today’s video, we discuss whether you need a professional medical corporation if you’re a licensed medical doctor.

Ways to Avoid False Advertising Pitfalls in Healthcare

Ways to Avoid False Advertising Pitfalls in Healthcare

Our law firm is getting so many questions related to these kinds of issues that we’re going continue on our series of false advertising including the California Business and Professions Code section 651 as well as federal law and we’re going to delve into more of the legal requirements from these different Codes.

FTC Regulations You Must Know for Healthcare Advertising

FTC Regulations You Must Know for Healthcare Advertising

Lots of physicians and healthcare companies have had us reviewed their marketing materials, and inevitably, we’ve quickly spotted gaping holes where they’ve left themselves vulnerable to liability or regulatory exposure.

Federal Advertising Laws that Can Ruin Healthcare Businesses

Federal Advertising Laws that Can Ruin Healthcare Businesses

The FTC requires all advertising to be truthful and backed up, meaning that all claims in the advertising must be substantiated. How do they assess this? They have a variety of ways. Just like we discussed with the California regulations before, the FTC will consider whether information omitted from an ad will mislead or deceive consumers.

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