Articles Posted in Moving Your Practice

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martha-dominguez-de-gouveia-nMyM7fxpokE-unsplash-scaled-e1774367448997-300x203This blog post follows our previous blog post about HIPAA compliance concerns with subleasing or sharing space with another practice. Subleasing or renting rooms carries other legal risks, besides HIPAA concerns, that this blog post covers. If you are starting a practice or med spa and plan to sublease or rent space from another practice, or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Providers Who Accept Medicare and Medicaid Also Need to Comply with Federal Fraud and Abuse Requirements to Ensure the Compensation for the Shared Rental Space Reflects the Fair Market Value of the Rental Space.

Federal regulators have flagged rental arrangements where entities share space with physicians for over 25 years. In 2000, the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) issued a Special Fraud Alert highlighting concerns that rental payments may appear to be disguised kickbacks to induce referrals. Federal fraud and abuse laws, such as Continue reading ›

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martha-dominguez-de-gouveia-nMyM7fxpokE-unsplash-scaled-e1774367448997-300x203To save costs while starting a business, practices may sublease or share space with another practice. This may involve subleasing an entire office space or renting a room from another practice. However, subleasing or renting a room carries legal risks and additional compliance considerations. This blog covers several compliance concerns if you are subleasing space from another practice or renting space from another practice. If you are starting a practice or med spa and plan to sublease or rent space from another practice, or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Providers Need to Comply with HIPAA and Ensure Their Patient Information Is Not Shared with the Practice in the Same Space.

HIPAA requires practitioners to safeguard patient information. The HIPAA Security Rule has requirements for sharing spaces with other medical practices, and these requirements include not disclosing patient information to the other practice and ensuring Continue reading ›

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GettyImages-1296010644-e1689271225783-300x193Our healthcare and business law firm works with many providers who wish to create an entity under which they provide professional nursing or physician services.  Before providing professional nursing or physician services through an entity, it is important to consider your state’s laws and rules relating to the corporate practice of medicine (“CPOM”) and state licensing rules relating to who can provide professional services.  If you would like to discuss ways to structure your practice or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

State laws and rules generally limit the practice of medicine and nursing to licensed individuals.  When a physician or registered professional nurse is not practicing as a sole practitioner but through an entity, the provider has to consider that state rules typically prohibit a non-physician from practicing medicine and a non-nurse from practicing professional nursing.  For example, in Georgia, an entity can’t be licensed to practice medicine or nursing, only individuals can, see O.C.G.A. 43-34-21, 43-34-22.  Georgia, however, like many other states, has passed laws allowing specific entities to provide medical and nursing services through licensed individuals.  In Georgia, those specific entity types are Continue reading ›

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Medical-License-Pro-101-What-is-Medical-Licensing-300x200Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. In particular, our clients often ask whether they can set up medical practices or med spas, even if they are not physicians. This blog covers two considerations that physician assistants need to consider before opening a medical practice or med spa. If you need assistance setting up a medical practice or med spa as a physician assistant or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Consideration: Physician Assistants Need to Consider State Corporate Practice of Medicine Laws Before Setting Up a Medical Practice or Med Spa

The corporate practice of medicine doctrine prohibits corporations and other entities from practicing medicine or employing physicians or other licensed healthcare professionals or prohibit non-physicians from having an ownership interest in a medical practice. States vary widely on how they enforce the corporate practice of medicine doctrine. Some states, such Continue reading ›

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https://www.littlehealthlawblog.com/files/2022/10/shutterstock_588164834.1-300x200.jpgOur healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. In particular, our clients often ask whether they can set up medical practices or med spas, even if they are not physicians. This blog covers two considerations that nurse practitioners need to consider before opening a medical practice or med spa. If you need assistance setting up a medical practice or med spa as a nurse practitioner or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

First Consideration: Nurse Practitioners Need to Consider State Corporate Practice of Medicine Laws Before Setting Up a Medical Practice or Med Spa

The corporate practice of medicine doctrine prohibits corporations and other entities from practicing medicine or employing physicians or other licensed healthcare professionals or prohibit non-physicians from having an ownership interest in a medical practice. States vary widely on how they enforce the corporate practice of medicine doctrine. Some states, such as Georgia, allow non-physicians, including nurse practitioners, from owning a medical practice, as long as certain requirements are met, which are discussed below. Other states, such Continue reading ›

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Our healthcare and business law firm works with many providers and medical practices to ensure compliance with state and federal laws, rules, and regulations for given procedures, treatments, and prescriptions.  Providers have differing opinions on the use and efficacy of certain treatments.  One such treatment is Ozone therapy.  This blog post outlines considerations prior to introducing Ozone therapy to your medical and wellness practices’ offerings.  If you need assistance understanding the full realm of considerations governing ozone therapy or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

  1. Consider the Food and Drug Administration’s Regulations

21 C.F.R. 801.415 is a regulation of the Food and Drug Administration (“FDA”), which provides: “Ozone is a toxic gas with no known useful medical application in specific adjunctive, or preventative therapy.”  Further on the regulation provides: “A number of devices currently on the market generate ozone by design or as a byproduct. Continue reading ›

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health-medical-e1680627379406Our healthcare and business law firm works with healthcare providers and businesses like  IV hydration therapy practices.  The IV hydration therapy industry has grown drastically over the past few years.  Some states and medical boards have developed laws and rules governing IV Hydration Therapy practices.  On August 15, 2023, the South Carolina Board of Medical Examiners, Pharmacy, and Nursing published a joint opinion on Retail IV Therapy Businesses.  The language used and sanctions referenced reveal that the South Carolina Boards are critically reviewing IV therapy businesses.  At one place in the 10-page opinion, the Pharmacy Board compared the “patient-drive menu” in many IV therapy practices “to a fast-food restaurant.”  Reading between the lines of the advisory opinion, it is likely each board will begin cracking down on IV therapy practices.  A full version of the Advisory Opinion is available here. We recommend you read the entire opinion if you have or are starting an IV therapy business in South Carolina.  This blog post starts our review of the Advisory Opinion and outlines whether IV therapy is the practice of medicine.   Forthcoming blog posts will dive deeper into different aspects of the opinion.  If you have a question about South Carolina’s rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

  • What lead to this opinion?

After reviewing the opinion, it is clear that each South Carolina board believed this opinion necessary for four main reasons: Continue reading ›

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Amankora-Bhutan-–-Spa-Wellness-Aman-Spa-Paro-Amankora-Holistic-Massage-e1694207101902Our healthcare and business law firm works with healthcare providers and businesses to open cosmetic medical and wellness spas.  The medical spa entity has grown drastically over the past few years.  Some states and medical boards have developed laws and rules governing medical and wellness spas.  As medical and wellness spas continue to grow, we can anticipate more laws and rules governing medical and wellness spas.  On July 19, 2023, the Alabama Board of Medical Examiners (“Medical Board”) published changes to the rules governing the “Use of Lasers and Other Modalities,” which can be found in Chapter 540-X-11 of the Rules of the Medical Board.  The rule is broken down into many different categories.  This post provides an overview of the rule changes that are potentially applicable to medical spa practitioners.  If you have a question about the Alabama Medical Board’s rules or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Rule 540-X-11 “Guidelines for the Use of Lasers and Other Modalities Affecting Living Tissue” has been a rule in Alabama since 2007.  However, on March 16, 2023, the Medical Board passed changes and additions to the Rule, which became effective on July 17, 2023.  The deadline for compliance with the provisions is July 17, 2024. Continue reading ›

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1651676570_Transworld-May-Blog-Header950x460-e1686600049528As a healthcare and business law firm, we have many clients who participate in or wish to participate in pain management clinics.  A previous blog post of ours provided an overview of pain management clinics.  When it comes to selling a pain management clinic, there are certain questions to consider. This post provides a look into 3 questions to ask when selling your pain management and the answer to those questions.  Please note, there are numerous considerations when selling a medical practice that apply to pain management clinics as well, but this post focuses only on pain management considerations.  If you have questions regarding this blog post or would like to speak with counsel regarding selling your practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

In 2013, Georgia legislatures enacted House Bill 178 (“HB 178”) known as the Georgia Pain Management Clinic Act.  The act requires pain management clinics to obtain a license from the Georgia Medical Board and limits who can own pain management clinics.  These requirements add questions when it comes to selling a pain management clinic. Continue reading ›

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Medical-License-e1644515318522For various reasons, licensed medical providers may choose to voluntarily surrender their state licensure.  Sometimes, the provider does not intend to work in the state anymore and no longer wishes to maintain the licensure.  Other times, the licensing agency may intend to discipline the provider and the provider chooses to surrender their license in lieu of receiving discipline.  Surrendering your license, however, may have unintended consequences to include revocation of your Medicare privileges and instituting a Medicare enrollment bar.  This post outlines what actions the Centers for Medicare and Medicaid (CMS) or one of its Medicare Administrative Contractors (MAC) may take in response to a provider surrendering their state licensure.  A forthcoming post will outline potential options a provider may have if their Medicare privileges have been revoked.  If you have questions regarding this blog post or wish to discuss your medical license or Medicare privileges, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

 

There are two main ways a CMS or a MAC can revoke a provider’s Medicare privileges after they voluntarily surrender their state medical licensure: Continue reading ›

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