Little Health Law Blog

3 Steps to Prepare for a Meeting with Your Medical Board

March 29, 2024 | Little Health Law

Our healthcare and business law firm often assists physicians and other providers in obtaining and maintaining licensure. Sometimes, either because of a complaint or other process, the medical board or other professional licensing board will request to meet with someone they license. Usually, this is because the board has some concern about the licensee. This post outlines three steps for preparing for such a meeting. If you need assistance preparing for a meeting or interview with your licensing board 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.

Step 1: Consult Your Health Law Attorney

There are many reasons for this. Your health law attorney uses his or her experience with licensing boards to strategize your approach. Your attorney can also work with the licensing board to gain further insight into what the board is concerned with. This can be invaluable in helping you prepare.

Step 2: Take Steps to Alleviate the Board’s Concerns

What Does Your State Medical Board Say About Weight Loss Drugs?

March 22, 2024 | Little Health Law

Our 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 ›

Can You Create a Patient-Provider Relationship Through Telemedicine?

March 12, 2024 | Little Health Law

Our healthcare and business law firm works with many physicians and other providers with their medical practices, including integrating telemedicine services into their practice and/or creating a full telemedicine practice. The telemedicine laws and rules have gone through major changes since the COVID-19 Pandemic, and the laws and rules continue to be in a state of flux. The federal rules govern prescribing controlled substances, but the majority of telemedicine rules are governed by state law. Generally, before a provider can prescribe any drug, the provider must have an established patient-provider relationship. An open question in many states we’ve researched is-Can you create a patient-provider relationship through telemedicine? This post dives into this question, with a focus on Georgia rules. If you need assistance integrating telemedicine into 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.

Each state is going to answer this question differently. Let’s dive into the rules in Georgia as an example of how to think through this question. Continue reading ›

Summary of the New CMS Proposed Rule on Medicare Revocations and Enrollment Denials

February 9, 2024 | Little Health Law

Medical-License-Pro-101-What-is-Medical-Licensing-e1644515222485 The 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 ›

3 Key Provisions of the Management Services Agreement (MSA) for CPOM-Conscious MSO Arrangements

January 17, 2024 | Little Health Law

nurses-and-docs-e1681928313827 Our 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 ›

2 Facts About Management Services Organizations (MSOs) and Med Spas

January 5, 2024 | Little Health Law

HealthcareImage_062618-700x525-1-e1682709849274 Our 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 ›

3 Initial Questions to Determine if the Corporate Practice of Medicine (CPOM) Doctrine is Relevant to Your Medical Practice

December 29, 2023 | Little Health Law

nurses-and-docs-e1681928313827 Our 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. A main question we are asked is: What’s the Corporate Practice of Medicine (CPOMs) Doctrine and does it mean I have to have an MSO? This is not always an easy question to answer. The CPOM doctrine essentially encapsulates the following sentiment: We don’t want non-physicians, including corporations, practicing medicine so non-physicians cannot own medical practices. There is quite a bit of nuance to add to that explanation, but that’s the main idea behind the doctrine. This post provides 3 initial questions to consider relating to the CPOM doctrine. If you have medical practice set up or CPOM 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.

Question 1: Am I practicing medicine?

This is not always an easy question to answer, even though common sense would say it should be. Each state’s idea of what constitutes the practice of medicine is drastically different. Continue reading ›

4 Considerations for Medical Practices When an Employee is Unable to Perform Due to an Injury or Illness

December 14, 2023 | Little Health Law

1651676570_Transworld-May-Blog-Header950x460-e1686600049528 Our healthcare and business law firm often represents medical practices, including primary care practices, specialty practices, and med spas, in employment matters. At some point, each medical practice deals with the situation where an employee becomes unable to perform due to an injury or prolonged illness. For instance, an esthetician breaks her hand and can no longer perform essential services of her position. Or a staff member has a serious illness that requires them to stay home for three weeks. Our medical practice clients are always sympathetic and want to take care of their employees, but they also have to balance that interest against the interest of running a business. That leads them to ask us: What should I do? This post provides four considerations for a medical practice if an employee is unable to perform due to an injury or illness. If you have employment 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.

If the injury happened on the job, does your workers compensation policy provide a benefit?

Workers’ compensation requirements differ state to state. Continue reading ›

South Carolina Advisory Opinion on Retail IV Therapy Businesses: A Breakdown of the Opinion and Summary of Critical Information

November 20, 2023 | Little Health Law

health-medical-e1680627379406 Our 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 ›

HITECH Act and Self Pay

November 9, 2023 | Little Health Law

HealthcareImage_062618-700x525-1-e1682709849274 Our 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 ›