Physician Practices

Medical Spa Series: Using an Esthetician

October 31, 2022 | Little Health Law

Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa. Medical Spas have been growing in popularity across the country. Medical Spas are unique practices in that they involve many medical and non-medical procedures. There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup. This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This post in the Georgia Medical Spa Series focuses on the use of an Esthetician in a medical spa. If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa 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.

Esthetician

The use of an esthetician in a medical spa is more limited than many of our clients think before coming to us. Continue reading ›

Medical Spa Series: Using a Physician Assistant

October 28, 2022 | Little Health Law

90-–-Inject-inside-the-lines-GettyImages-853429570-e1666985896795 Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa. Medical Spas have been growing in popularity across the country. Medical Spas are unique practices as they involve many medical and non-medical procedures. There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup. This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This post in the Georgia Medical Spa Series focuses on the use of a Physician Assistant in a medical spa. This post does not discuss the restrictions governing a Physician Assistant owning a medical spa or employing his/her supervising physicians. If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa 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.

Physician Assistant

A Physician Assistant (“PA”) is an individual “who is licensed to a supervising physician and who is qualified by academic and practical training to provide patients’ services not necessarily within the physical presence but under the personal direction or supervision of the supervising physician.” O.C.G.A. § 43-34-102(7). O.C.G.A. § 43-34-106 requires practices using PAs to post a notice that the practice is using a PA.

Most clients of our healthcare and business law firm need to know what exactly each licensed professional they employ can and cannot do. Below is an overview of some basic activities and how a PA can be involved: Continue reading ›

Georgia Medical Spa Series: Corporate Practice of Medicine Doctrine

October 25, 2022 | Little Health Law

OIP-e1666730751982 Our healthcare and business law firm works with many providers and other allied health professionals who are beginning their journeys of opening a Medical Spa. Medical Spas have been growing in popularity across the country. Medical Spas are unique practices in that they involve many medical and non-medical procedures. There are many factors to consider in opening a medical spa, and this series focuses on key factors to consider when opening a medical spa in Georgia. Although our healthcare law firm has assisted numerous clients in establishing a medical spa from the ground up, each client continues to present unique issues requiring our firm to research and analyze the nuances of each client’s intended setup. This Georgia Medical Spa Series is intended to provide a useful overview of some key laws, rules, and regulations impacting medical spas.

This first post in the Georgia Medical Spa Series focuses on the amorphous Corporate Practice of Medicine Doctrine. If you have questions regarding this blog post or would like to speak with counsel regarding opening your medical spa 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.

What is the Corporate Practice of Medicine Doctrine?

The Corporate Practice of Medicine Doctrine is easy to understand because it makes sense. Essentially, the doctrine is the answer to the question: “Do we want businesses influencing providers in their medical decision making?” The answer is, of course, no. Continue reading ›

Post 2 of 2: The Pretrial Diversion Program in Georgia: Answering Questions Relating to the Offense

September 29, 2022 | Little Health Law

QuackbustersandtheShockTroopsofMedicalMcCarthyism-e1664472813118 This is the second post in a series related to the Pretrial Diversion Program in Georgia. The first post provided an overview of the Pretrial Diversion Programs in Georgia and the potential impact on a successful participant’s criminal record. This post focuses on how successful completion may impact a participant’s responses to questions relating to the offense on employment, licensing, and credentialing applications. If you have questions regarding this blog post or need counsel relating to your professional responsibilities after an arrest or conviction, 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.

For clients who have been arrested and charged with an offense, the concern is how to answer offense-related questions on questionnaires while participating in and after completing a pretrial diversion program. Continue reading ›

Post 1 of 2: The Pretrial Diversion Program in Georgia: An Overview

September 26, 2022 | Little Health Law

ny-medicare-fraud-img-e1664218102664 Our healthcare and business law firm works with many providers and other professionals who have been arrested and charged with misdemeanors. Our clients will, of course, hire criminal defense counsel to handle the criminal proceedings but professionals generally hire our firm navigate the professional consequences of an arrest. Many of our clients are first time offenders who are presented with the option of participating in a pretrial diversion program. Whether to participate in such a program should be discussed with criminal defense counsel. This is the first blog post of two on this subject, and it focuses on providing an overview of the Pretrial Diversion Programs in Georgia and the potential impact on a successful participant’s criminal record. The second post will focus on how successful completion may impact a participant’s professional responsibilities thereafter responding to questions relating to the offense on employment, licensing, and credentialing applications. If you have questions regarding this blog post or need counsel relating to your professional responsibilities after an arrest or conviction, 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.

Eligible Offenders

Pretrial diversion programs are authorized under O.C.G.A. § 15-18-80. Thereunder, “the prosecuting attorneys for each judicial circuit . . . shall be authorized to create and administer a Pretrial Intervention and Diversion Program.” Each county may have different guidelines on who is eligible for a Pretrial Diversion Program and different requirements for successful completion. Continue reading ›

3 Physician Employment Agreement Terms to Review before Resigning

September 22, 2022 | Little Health Law

contract-signature-e1663868054811 Our healthcare and business law firm works with many providers at all stages of employment, including physicians taking their first jobs after training, becoming partners at practices, and selling their practices and retiring. One consistently stressful time for all providers is resigning from a practice. Through our experience, we have learned many tips to assist providers in exiting employment as smoothly as possible. If you have questions regarding this blog post or need counsel navigating an employment exit, 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.

Our first step with clients is always to start the exit process by reviewing their employment contracts. Assuming the agreement is enforceable and binding, your employment agreement governs how you and your employer behave. Most clients want to leave professionally and effectively and so do not want to breach the contract on their way out. The following are terms we generally start with in reviewing employment contracts: Continue reading ›

Tennessee State Telemedicine Prescribing Rules

September 6, 2022 | Little Health Law

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Our healthcare and business law firm previously published a blog post on the federal telemedicine rules. Both Federal and State rules govern the provision of telemedicine. Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules, insurance code, and when applicable, Medicaid rules. This post focuses specifically on Tennessee’s telemedicine prescribing rules. Our firm previously posted an overview of Tennessee’s general telemedicine rules. If you have questions about telemedicine 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.

Tennessee Rules on Prescribing Based on a Telemedicine Visit

A. General Telemedicine Prescribing Rules

3 Tips if You’re Facing an Insurance Audit

August 23, 2022 | Little Health Law

iStock_000033418316_Medium-e1626470315777 Many of our healthcare and business law firm’s clients periodically face audits by insurance companies or governmental organizations, usually through a contractor. Audits can be unnerving times for a practice to go through. This blog post outlines 3 tips for handling an insurance audit. The Centers for Medicaid and Medicare recently published that the flexibilities allowed during COVID-19 will soon end and practices should ensure compliant safety and billing practices. As a result of this change after two and half years, practices may see increased audits. If you have questions regarding this blog post or need counsel navigating an audit, 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.

Take it Seriously at the Initial Record Request (and Not Just When They Ask for Repayment).

Many practices call us after the auditor requests repayment. Almost always, the process starts before then with the auditor initiating an investigation by requesting additional records and information. After the repayment is requested, however, there is an uphill battle to argue on behalf of your practice that no or less repayment is warranted. The best chance that your practice has of both reducing any requested overpayment and persuading the auditor not to expand its investigation to more patients or a larger time period is during the response to the initial request for records and documentation.

Alabama State Telemedicine Rules

June 27, 2022 | Little Health Law

csm_FlatDesign-Telework_c532b56131-e1645230859515 Our healthcare and business law firm previously published a blog post on the federal telemedicine rules. Both Federal and State rules govern the provision of telemedicine. Each state’s rules governing telemedicine are different, but the applicable laws and rules are generally found in the state medical board’s rules, insurance code, and, when applicable, Medicaid rules. This post focuses specifically on the telemedicine rules applicable to the practice of telemedicine in Alabama. This post does not discuss telemedicine prescribing rules. If you have questions about telemedicine 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.

Alabama Rules Prior to July 11, 2022

Telemedicine authority in Alabama is new. In fact, the law discussed herein (Act No. 2022-302) does not go into effect until July 11, 2022. Prior to the enactment of Act No. 2022-302, there was little to no authority regulating telemedicine versus traditional in-person medical practice, and physicians were held to the same standard of care, regardless of treatment modality, regarding such matters as the establishment of a physician-patient relationship and the prescribing of controlled substances and other medications. Prior to the enactment of Act No. 2022-302, physicians treating Alabama citizens via telemedicine had to have the medical license and controlled license of an Alabama physician and were held to the same standards as in-person treatment. See, e.g., Ala. Admin § 540-X-9-.11. Regarding prescribing controlled substances, telemedicine physicians were required to adhere to all federal and state statutes, and federal regulations currently require a previous in-person examination before prescribing controlled substances via telemedicine, except in a declared health emergency. Id.

Concierge Medicine Practices: Medicare Compliance Risks

May 23, 2022 | Little Health Law

iStock_000033418316_Medium-e1626470315777 Increasingly, our healthcare and business law firm’s clients are interested in opening concierge medicine practices. Little Health Law’s last blog post provided an overview of what concierge medicine is with references to compliance risks. This post outlines those very serious compliance risks for practices that treat Medicare patients and are not opted out of Medicare. If you have questions regarding this blog post or starting a concierge 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.

Understanding the compliance risks associated with concierge medicine practices requires understanding a fairly easy and, perhaps, obvious concept: Providers cannot bill patients for services paid for by their insurance; a practice referred to as “double billing.” Applying that concept is easier said than done. Consider the complexity in this: a concierge medicine practice requires a $200/month fee that includes “longer appointments,” which is a clear benefit to patients. Assuming the appointment itself is covered by insurance, is the fact that it’s longer something that insurance does not cover? Maybe, but maybe not. There are ample examples of how complex this question is and, as it relates to Medicare, CMS and the Office of Inspector General (“OIG”) offer minimal guidance.