When physicians try to “partner” with non-physicians, they often confront challenges under the corporate practice of medicine rule.
Michael H. Cohen
The Michael H. Cohen Law Group is a legal practice specializing in healthcare law and FDA regulatory matters. It provides legal strategy and regulatory advice to healthcare entrepreneurs and businesses involved in various sectors such as functional medicine, telemedicine, medical devices, biotechnology, and dietary supplements. The firm addresses issues including fraud and abuse laws, HIPAA compliance, licensing agreements, dispute resolution, and corporate transactions like mergers and acquisitions. Its publications cover legal challenges faced by healthcare providers and companies, regulatory updates, and practical guidance on compliance and risk management in the healthcare and life sciences industries.
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Medicare Options for Physicians: Participation, Non-Participation, or Opt Out
Physicians sometimes unwittingly run afoul of Medicare legal rules by not knowing the difference between non-participation, their default status short of participation, and opting out, which requires doctors to take specific action steps.…
HCG – FDA drug approval / legal issues for weight loss
Texas has told weight loss clinics to stop marketing HCG for weight loss.…
Legal issues in use of HCG for weight loss
Use of HCG for weight loss is controversial in many states and prohibited in others, despite claims by proponents of its effectiveness.…
Management services model for medical spas: legal issues
Medical spas and integrative care centers can often benefit from management services models to structure arrangements in light of Stark, anti-kickback and fee-splitting legal rules.…
Sham medical director agreements violate Stark laws
Medical directors at medical spas should be concerned that, unless the arrangement is carefully structured with an eye to legal rules and anti-kickback risks, regulatory enforcement authorities might perceive their role as sham and fraudulent.…
FDA regulates telemedicine on smart phones
Food and Drug Administration (FDA) has draft guidance on mobile medical applications for telemedicine health applications on smart phones.…
Use of lasers for body sculpting raises legal issues
Medical spas represent a cash cow for many medical doctors and other health professionals, but medispas are raising legal issues.…
Scope of practice issues continue raise turf battles among health care professions
Turf battles are common in health care, as evidence by continuing legal battles over scope of practice.…
Stark laws were violated as a matter of law, federal judge finds
A federal judge ruled that an acute care hospital violated Stark laws by submitting claims to Medicare that were induced by referrals.…