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1651676570_Transworld-May-Blog-Header950x460-e1686600049528-300x190Our healthcare law firm works with many providers and healthcare practices to assist them in complying with federal, state, and local laws. Our clients often ask if they can provide discounts to patients who are in financial need, especially if the patients are on Medicare. Providing discounts to patients can carry substantial legal risks, so it is important to be compliant before providing such discounts. This blog covers two considerations that providers and practices should consider before offering discounts to patients who are on Medicare. If you need assistance setting up a compliant arrangement to offer discounts to patients 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: Federal Fraud and Abuse Laws Can Prohibit Providers from Offering Discounts to Medicare Patients

Although providers may want to provide discounts to patients who are in financial need so patients can get the care they need, federal fraud and abuse laws prohibit certain kinds of discounts that may be seen as a way to induce patient referrals or steering patients to a particular provider. The Anti-Kickback Statute (“AKS”) prohibits providers from giving anything of value, including free or otherwise discounted services or a routine Continue reading ›

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Our healthcare law firm works with many healthcare providers who are applying for a new license with a medical board or who are renewing their current license with a medical board. A question that comes up is whether they need to disclose a criminal matter in their application. This blog covers two considerations that healthcare providers should consider when they potentially need to disclose a criminal matter on a licensing application. If you need assistance disclosing a criminal matter on a licensing application 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: Review the Questions in Your Licensing Application to Determine What Actually Needs to Be Disclosed.

Licensing application questions typically do not require healthcare providers to disclose every kind of offense, such as speeding tickets, but disclose certain kinds of offenses. Some questions require providers to disclose arrests, while other questions require providers to disclose Continue reading ›

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Our healthcare and business law firm advises many medical practices on compliance matters.  One question our clients often ask us is how a medical practice can properly order, administer, and/or dispense medications to its patients.  When a mid-level provider (such as a nurse practitioner or physician assistant) is the practitioner on site who is prescribing and ordering, the rules are different from when a physician is on site prescribing and order.  This post discusses some considerations before a mid-level provider orders, administers, or dispenses drugs to patients in Georgia.  If you would like to discuss compliance considerations for your medical practice, 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.

Although there is an ability for physicians to dispense to patients after notifying the medical board (Ga. R. & Regs. § 480-28), this does not extend to nurse practitioners or physician assistants.  The rules allowing “practitioners” in Georgia to dispense define a practitioner as “a person licensed as a dentist, physician, podiatrist or veterinarian . . .”; the definition does not include mid-level providers.  Additionally, under Continue reading ›

understanding-physician-employment-contracts-e1677703586595-300x197Our healthcare law firm works with many healthcare providers who are applying for a new license with a medical board or who are renewing their current license with a medical board. A question that comes up is whether they need to disclose a criminal matter in their application. This blog covers two considerations that healthcare providers should consider when they potentially need to disclose a criminal matter on a licensing application. If you need assistance disclosing a criminal matter on a licensing application 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: Review the Questions in Your Licensing Application to Determine What Actually Needs to Be Disclosed.

Licensing application questions typically do not require healthcare providers to disclose every kind of offense, such as speeding tickets, but disclose certain kinds of offenses. Some questions require providers to disclose arrests, while other questions require Continue reading ›

What-is-an-Opioid-e1687291586956-300x200Our healthcare and business law firm represents healthcare practitioners, including physicians, advance practice registered nurses, and physician assistants, with licensing and credentialing matters.  One occurrence we see often is a practitioner who signed DEA Form 104 to “voluntarily” surrendered their DEA registration and is now dealing with unexpected consequences of that decision.  Often, the surrender is obtained by a DEA agent during a time of severe duress of the provider-registrant.  We strongly recommend discussing with healthcare counsel before surrendering a license or registration.  Because of the amount of credentialing and licenses medical providers have, surrendering any sort of license or registration typically creates a snowball effect into numerous areas of the provider’s practice.  This post discusses specific credentialing impacts that may apply to a provider after the surrender of a DEA registration.  If you would like to discuss your options before voluntarily surrendering a license or registration or ideas to mitigate negative effects after voluntarily surrendering a license or registration, 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.

Following the surrender of a DEA license, the registrant should immediately do two things: Continue reading ›

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 ›

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 ›

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 who work with compounded medications.  As glucagon-like peptide-1 receptor agonists (“GLP-1s”) continue to be prescribed by providers, including FDA-approved commercial versions and compounded versions, we routinely are asked for guidance by providers around prescribing compounded drugs.  This blog identifies three categories of topics that are relevant to prescribing compounded GLP-1s. If you would like to discuss ways to protect your practice in prescribing GLP-1s 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. FDA Requirements:

In sum, unless a drug is on the shortage list, compounding a drug is appropriate only for when a patient requires a modification to the commercial (FDA-approved) drug (such as, due to an allergy or need for some additional/replacement ingredient).  The FDA has a lot of concerns with GLP-1 drugs and has created a “green list” of importers based on its evaluation of sites, so a practice should work with compounding pharmacy that only import active pharmaceutical ingredients from importers on the green list.

There are many weight loss drugs that are currently in the FDA-approval process.  However, the drugs are Continue reading ›

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Our 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 offer IV therapy as part of their practice. IV therapy is being offered at med spas, and people are opening IV clinics, so it is important to consider the legal risks of offering IV therapy before opening a med spa or IV clinic. Our prior blog post discussed several considerations that med spas and IV clinics should consider before offering IV therapy in South Carolina as non-practitioners (e.g., nurse practitioners or physician assistants). This blog post discusses two considerations that practitioners (e.g., physicians) should consider before opening an IV clinic in South Carolina. If you need assistance setting up an IV clinic in South Carolina 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: Practitioners May Not Need a Non-Dispensing Drug Outlet Permit if the Medical Practice Does Not Compound, and the Practitioner Owns the Practice 100%

As discussed in the prior blog post, whether a practitioner or non-practitioner engages in compounding is an important consideration. In South Carolina, it is not compounding to push medications and vitamins through an IV; however, putting Continue reading ›

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