Articles Posted in Physician Practices

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).

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 ›

GettyImages-1296010644-e1689271225783-300x193Our healthcare and business law firm works with many providers as they undergo investigations, discipline, and/or hearings before the provider’s licensing board.  Over the years, our firm has been able to determine which situations licensing boards find particularly worrisome.  Boundary violations are often one of those situations that boards are particularly concerned with.  This blog post outlines three steps for avoiding boundary violations.  If you need assistance with a licensing board matter 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.

Boundary violations discussed in this blog post include inappropriate relationships between provider and patient, which could involve romantic relationships or providing care to and writing prescriptions for immediate family members.  Here three steps to avoid boundary violations.

First, know your licensing board’s rules!

These rules will explain boundaries that you, as a provider, must always maintain.  For instance, Continue reading ›

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Our healthcare and business law firm works with medical practices to ensure compliance with state and federal laws, rules, and regulations.  The Corporate Transparency Act (“CTA”) aims to combat illicit activity including tax fraud and money laundering.  The reporting rule under the CTA requires certain entities to file beneficiary ownership information (“BOI”) reports.  This blog post provides an overview of the reporting requirements.  If you need assistance understanding how the reporting rule applies to your business 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.

The Report

The report must contain information about the entity and two categories of individuals: beneficial owners and company applicants.  A beneficial owner is any individual who, directly or indirectly, exercises substantial control over a reporting company and anyone who owns or controls at least 25 percent of the ownership interests of a reporting company.  Ownership includes equity, stock, voting rights, capital or profit interests, and convertible interests.  As to company applicants, there are two categories.  Continue reading ›

understanding-physician-employment-contracts-e1677703586595-300x197Our healthcare and business law firm works with many providers and medical practices to ensure compliance with state and federal laws, rules, and regulations.  Mid-level providers, such as physician assistants (“PAs”) and nurse practitioners, are widely used, and they help expand the provision of medical care and services. States differ on the amount of oversight that is required for PAs to practice.  This blog post outlines possible requirements that may be present in your state for PAs to practice under physician supervision, using Georgia as an example.  If you need assistance understanding your state’s guidance on mid-level supervision and delegation requirements 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.

In Georgia, the rules governing PAs and their supervising physician include the following:

First, the Supervisory Relationship Must be Established:

Under Georgia Rule 360-5-.03, in order to supervise a PA, a supervising physician must submit an application to the Board that must be approved by the Board before delegating tasks. On the flip side, upon termination of the supervisory relationship, the PA and physician must give notice and date of termination. Continue reading ›

nurse-practitioner-vs-primary-care-doctor-002-e1675797661360-300x141Our healthcare and business law firm assists many physicians and other healthcare professionals who are dealing with professionalism concerns.  Concerns can be identified by employers, licensing boards, professionalism societies, or even all three at once.  Over the years, our firm has helped providers deal with various professionalism concerns identified by their employers and/or licensing boards.  This post identifies some of the most common concerns we have seen.  The goal of this post is to provide useful information that healthcare professionals can use to make more informed professionalism decisions.  If you need assistance dealing with a professionalism concern 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.

Social Media Use

Inappropriate social media use is a big problem for all professionals.  Given, however, the sensitive and confidential information surrounding all aspects of a healthcare professional’s job, all information shared online should be heavily vetted. 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 ›

Medical-License-Pro-101-What-is-Medical-Licensing-e1644515222485The Centers for Medicare & Medicaid Services (CMS) has proposed a new rule that expands and enhances their authority to (A) deny enrollment, or (B) revoke Medicare billing privileges for healthcare providers and suppliers. The proposed rule would change Medicare enrollment, revocations, and overpayment settlements.

Some key points of the proposed rule include: 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 ›

HealthcareImage_062618-700x525-1-e1682709849274Our healthcare and business law firm often represents medical practices, including primary care practices, specialty practices, med spas, and IV hydration clinics, in the initial set up phase of the business.  Related to questions about the Corporate Practice of Medicine (“CPOM”), a common question we are asked is: “Do I need an MSO”?  This is not always an easy question to answer.  There are many reasons why an MSO may be a useful tool for your practice.  For instance, it may reduce the risk of violating your state’s CPOM doctrine, it may increase regulatory compliance, or it may assist you in exit planning.  This post specifically focuses on how MSOs may be useful in the context of the CPOM doctrine.  If you have medical practice set up or CPOM/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.

Two facts about MSOs and Med Spas:

Fact 1:     Most med spas and IV hydration clinics offer services defined as the practice of medicine and, thus if there’s a CPOM doctrine in your state, it’s likely triggered.

If you own a med spa or IV hydration clinic, I can almost guarantee you are offering services that are considered the practice of medicine. Continue reading ›

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