Articles Posted in Healthcare Information

|

Medical-License-Pro-101-What-is-Medical-Licensing-300x200Our healthcare and business law firm works with many providers and medical practices to assist them in structuring medical practices that comply with state and federal laws, rules, and regulations.  Over the last few years, physicians and other healthcare providers desire to create non-traditional medical practices.  Traditional medical practices are those that accept commercial and government payors and bill insurance for medical care provided.  Although many traditional practices offer great medical care, there are systemic issues with these practices, including long wait times, low reimbursement rates, high deductibles causing patients to pay out of pocket, restricted face-time with providers, limited practitioner availability, etc.  Non-traditional medical practices aim to reduce some of these issues.  Two major non-traditional practices are direct primary care (or DPC) practices and concierge practices.  Although these terms are often used interchangeably, they stand for unique models.  This blog post discusses the differences between DPC and concierge practices.  If you need assistance structuring your medical 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.

Before identifying the major differences, it’s important to first understand these two models.

Direct Primary Care Practices: Continue reading ›

|

https://www.littlehealthlawblog.com/files/2022/10/shutterstock_588164834.1-300x200.jpgOur 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.  As new treatments become popular, common questions circulate around who can and cannot order, prescribe, and/or administer such treatment.  One device that is becoming popular is the SoftWave device.  SoftWave uses ultrasound vibration to penetrate into muscles in an attempt to improve healing.  This blog post outlines three considerations prior to introducing SoftWave or similar treatments to your medical and wellness practices’ offerings.  If you need assistance understanding the full realm of considerations governing SoftWave 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. The Food and Drug Administration Approved it for Prescription Use

The FDA has approved the SoftWave device, specifically OrthoGold 100, as a Class 1 medical device that does not need its own premarket approval because it is substantially similar to a device that’s already FDA approved (the Dermablate Effect).  The FDA only approved it for prescription use (not over the counter use).  K182682-connective-tissue.pdf (softwavetrt.com).

Continue reading ›

|

QuackbustersandtheShockTroopsofMedicalMcCarthyism-e1664472813118-300x181Our healthcare and business law firm guides many medical practices and physicians through employment matters.  At this point, most people are aware that the Federal Trade Commission (“FTC”) published its final non-compete rule (“Non-Compete Rule”) on April 23, 2024.  Our firm previously posted 3 Facts about the Non-Compete Rule, which provides information about the FTC Rule including that it limits non-competes both prospectively and retrospectively, applies to all workers with one limited exception, and that current non-compete disputes may still continue even if the Non-Compete Rule becomes effective. On August 20, 2024, a judge blocked the FTC from enforcing the Non-Compete Rule, and this post discusses that decision.  If you need assistance with employment matters 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.

Legal Challenges

The Non-Compete Rule was set to become effective on September 4, 2024 despite many challenges.  Those challenges were Ryan, LLC v. FTC in the U.S. District Court for the Northern District of Texas, ATS Tree Services, LLC v. FTC in the U.S. District Court for the Eastern District of Pennsylvania, and Properties of the Villages, Inc. v. FTC in the U.S. District Court for the Middle District of Florida.

  • Preliminary Court Orders

On July 3, 2024, the Judge in Ryan issued a Continue reading ›

|

HIPAA-Breaches-Healthcare-Students-e1615468812558-300x199Our healthcare and business law firm works with many medical spas to ensure compliance with state and federal laws, rules, and regulations.  Recently in Georgia, the Georgia Board of Nursing published two long-awaited position statements; one on “Cosmetic/Aesthetic Procedures,” and the other on “IV Hydration.”  This blog post discusses the Nursing Board’s position statement on Cosmetic/Aesthetic Procedures.  Even if your practice is not in Georgia, it is helpful to consider the perspective of different states because state licensing boards will often consider other published positions when developing policies and positions.  If you need assistance understanding how either position statement impacts 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@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

Prior to discussing the substance of Nursing Board’s position, here are some important points: Continue reading ›

|

shutterstock_1440454943-scaled-1-300x200Our 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.  A hot topic and sometimes controversial category of drug right now is weight loss drugs (also called weight management drugs).  A provider should generally prescribe a drug or treatment pursuant to a patient-provider relationship when the drug is medically necessary and appropriate, but some states have laws and rules specifically governing prescribing weight loss drugs.  If your state has rules or guidance on prescribing weight loss drugs, it’s important, of course, to follow that guidance.  Unlike our firm’s look into Florida’s weight loss statute, blog post available here, this blog post examines what to consider when a state does not have specific weight loss rules by using Georgia as an example.  If you need assistance understanding your state’s guidance on weight loss treatments 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@hamillittle.com. You may also learn more about our law firm by visiting www.hamillittle.com.

If your state has no specific weight loss statute, such as the statute we previously examined in Florida, where do you turn?  Below is an idea of where to start:

  1. Are There Relevant Statutes or Rules?

Continue reading ›

|

opioid-painkillers-crisis-and-drug-abuse-concept-o-49X49YX-e1676319930781-300x169Our 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.  A hot topic and sometimes controversial category of drug right now is weight loss drugs (also called weight management drugs).  A provider should generally prescribe a drug or treatment pursuant to a patient-provider relationship when the drug is medically necessary and appropriate, but some states have laws and rules specifically governing prescribing weight loss drugs.  If your state has rules or guidance on prescribing weight loss drugs, it’s important, of course, to follow that guidance.  This blog post outlines potential state guidance using Florida’s weight loss statute as an example.  If you need assistance understanding your state’s guidance on weight loss treatments 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.

Some states have not taken any public stance on weight loss drugs.  But if the state in which you practice has published such guidance, then it is important to follow it.  Furthermore, even if your state has not taken any public stance, it may be useful to review guidance from other states to create “best practices.”  Let’s examine the Florida statute governing weight loss treatment. Continue reading ›

|

nurses-and-docs-e1681928313827Our healthcare and business law firm often represents medical practices, including primary care practices, specialty practices, and med spas, in the initial set up phase of their practice.  Whether a Management Services Organization (“MSO”) is necessary or advisable for your practice usually requires a detailed review of your business structure and state laws.  If an MSO is advisable for your practice based on the Corporate Practice of Medicine (“CPOM”) doctrine in your state, this post provides 3 key provisions that should be within your Management Services Agreement (“MSA”).  If you have medical practice set up or MSO questions 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.

As discussed in previous blog posts, including 2 Facts About Management Services Organizations (MSOs) and Med Spas, Management Services Organizations can be useful in CPOM states to provide all non-medical functions of the business while contracting with the Physician Entity to provide all medical functions. The MSA that outlines this agreement is typically a lengthy and involved document, but here are three key provisions that should be contained within the agreement: Continue reading ›

|

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 ›

|

HealthcareImage_062618-700x525-1-e1682709849274Our healthcare and business law firm works with healthcare businesses to assist in compliance matters, including the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (HITECH) Act.  The HITECH Act was designed to strengthen HIPAA in many ways.  A question our healthcare business-owning clients often have is whether patients with insurance can choose to pay cash instead of billing to insurance.  This post focuses on what the HITECH Act states on this subject.  If you have a question about the HITECH Act 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.

  • Summary of Self-Pay Rule

Congress passed the HITECH Act in 2009. It provides in part that health care providers must honor a patient’s request—even an insured patient’s request—to pay out-of-pocket for services, and thus not have their Protected Health Information (“PHI”) shared with third parties like billers or insurers—if the patient requests it. The patient, however, must pay in full 42 U.S.C. 17935(a). Continue reading ›

|

Legal-cases-and-rulings-lower-courts-FHPAF-scaled-e1695156255815Our healthcare and business law firm consistently works with physicians who are dealing with complications resulting from adverse reporting to the National Practitioner Data Bank (“NPDB”) as well as entities in deciding what reports may be appropriate for certain situations.  Whether you are on the side of the provider or reporting entity, it is important to understand the types of NPDB reports that are permitted.  This post outlines the four types of reports. If you have a question about the NPDB 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.

Each reporting organization has the ability to submit four types of reports: an Initial Report, a Correction Report, a Void Report, and a Revision-to-Action Report.

Initial Report

An Initial Report is the first report of a medical malpractice payment, adverse action, or judgment or conviction that is submitted by a reporting entity to the NPDB.  Copies of an initial report are provided to the subject and reporting entity.  Certain reports must also be reported to an appropriate state licensing board.    Continue reading ›

Contact Information
Atlanta
75 14th St NW
Suite 2840-B
Atlanta, GA 30309
Phone: 404-685-1662Fax: 404-795-5855
Augusta
1450 Greene Street
Suite 3600
Augusta, GA 30901
Phone: 706-722-7886Fax: 404-795-5855

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2024, Little Health Law
JUSTIA Law Firm Blog Design