Many of our healthcare and business law firm’s clients are in the business of renting expensive medical equipment for use by medical practices. Generally, these arrangements raise compliance questions under the Physician Self-Referral Act, referred to as Stark Law, and the Anti-Kickback Statute (“AKS”). Should a regulator find an arrangement violates either law, the consequences are severe. The perhaps unfortunate truth is that rarely can a sincere and analytical attorney tell you with confidence that an arrangement does or does not violate either law. The analysis usually places an arrangement on a scale of low to high risk of noncompliance. To assist in understanding whether an arrangement complies with Stark Law and AKS, the rules provide specific exceptions and safe harbors, respectively. Both Stark Law’s exceptions and AKS’s safe harbors outline ways in which an equipment rental agreement may satisfy the protections. One question that frequently arises with our clients is whether they can structure an equipment rental agreement to have a per-use (often called a “per-click”) payment term, wherein there is no set monthly amount but, rather, the lessee pays the lessor a predetermined amount for each time the equipment is used.
In this blog post, we outline the basic rules for equipment rental agreements under AKS and whether per-click payment terms satisfy AKS’s Equipment Rental safe harbor. Continue reading ›
Many of our healthcare and business law firm’s clients are in the business of renting expensive medical equipment for use by medical practices. Generally, these arrangements raise compliance questions under the Physician Self-Referral Act, referred to as 
Welcome to the third installment of our business and healthcare law firm’s monthly medical board meeting review, focusing on the Georgia Composite Medical Board (“Medical Board” or “GCMB”). As a healthcare law firm with physician clients, it is our duty to stay up to date with the Medical Board’s positions and changes so as to better inform our clients. If you have 
Ketamine is a substance growing in popularity as a treatment for, among other things, depression and pain management. Ketamine clinics are quickly increasing in popularity. 
Welcome to the third and final post in our three-part HIPAA Breach series! In the first post, 
Welcome to the second post in our three-part HIPAA Breach series! In the first post, 
Welcome to the first post in our three-part HIPAA Breach series! Our healthcare and business law firm often works with medical practices to determine whether an act involving patient privacy constitutes a violation of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requiring notification and reporting of any breach. By law, a patient’s health information can only be used and disclosed for specific reasons. When there is a risk that patient information has been accessed, used, or disclosed in a way that is not permitted, there may be a HIPAA violation. More information about the HIPAA rules can be found on our website 
As a healthcare and business law firm, we work with many physicians employed 
Last week, our blog post discussed the