CAMLAW: Complementary and Alternative Medicine Law Blog

Obamacare Health Care Law Will Create More Start-Ups

Federal health care reform will create more business opportunities for entrepreneurs.

The Washington Posts reports that new health care laws will give rise to more start-up ventures, freeing people from their current jobs and allowing them to take on new enterprises:

The Department of Health and Human Services this month released guidelines on how to set up exchanges, and more than half the states already are taking steps to build them. Once they’re up and running, you’ll be able to quit your job at Large Company X and start that plumbing or carpentry business, that mom-and-pop restaurant or barbershop, without putting your family’s health or finances at risk. You can open that dance studio, play in that band, live off savings while you write or paint or launch the tech venture that could make you the next Bill Gates or Mark Zuckerberg.

There’s nothing more American than starting a business. Yet contrary to our self-image, most developed countries have larger small-business sectors than the United States does. The Affordable Care Act could help close the gap — and spur the economy — by removing an obstacle to business creation and self-employment.

“Most start-ups don’t succeed, but the few that do are the growth engines for the whole economy,” said John Harthorne, chief executive of MassChallenge, which runs an annual international start-up competition and offers other help to start-ups. “Imagine that Facebook didn’t get started for want of health insurance. If just one company happens to be a billion-dollar success story, that has a major effect on the economy.”

More business legal advice will be needed to help these entrepreneurs both in the health care sector and elsewhere. 

According to the post, the experiment in Massachusetts with universal health care has increased entrepreneurial flow.

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Michael H. Cohen

www.michaelhcohen.com

 


Michael H. Cohen is a thought leader in health care law, pioneering legal strategies and solutions for business law clients in traditional and emerging healthcare. wellness, and lifestyle markets.  Mr. Cohen represents a broad range of healthcare providers and entities, including: medical and osteopathic doctors; physician groups and clinical facilities; integrative medicine centers; psychologists, licensed clinical social workers, registered and advanced practice nurses, physician assistants, dentists and other allied health professionals; complementary and alternative medicine practitioners such as chiropractors, acupuncturists, massage therapists, somatic bodyworkers, energy healers, hypnotherapists and medical intuitives, naturopathic physicians and practitioners of homeopathy; life coaches; dietary supplement manufacturers and distributors; cosmetics manufacturers; HCG and weight loss centers; medical device manufacturers; telemedicine and telehealth business; healthcare educational institutions, health insurance organizations, and medical spas;  and many other enterprises.

As a corporate and regulatory attorney who has also handled litigation matters, Mr. Cohen represents conscious business leaders in a transformational era. Clients seek Mr. Cohen’s specialized expertise on business structure and entity formation (corporations, partnerships, LLCs); credentialing, licensing, and scope of practice concerns; professional disciplinary matters before state medical, psychology, chiropractic, and other boards); employment contracts and independent contractor agreements; dispute resolution; e-commerce; intellectual property issues; informed consent and malpractice liability issues; HIPAA and confidentiality and privacy issues; Stark, self-referral, anti-kickback, patient brokering, and fee-splitting questions; dietary supplement labeling; medical device approval and other FDA matters; insurance reimbursement and Medicare issues; website disclaimers and review of marketing materials; advice on concierge medicine and retail boutique medicine; telemedicine, telepsychiatry and telehealth; and other legal and regulatory advice in the business law and health law arenas.  Mr. Cohen is also highly sought after for special legal counsel by other attorneys and law firms in the areas of complementary/integrative medicine, aesthetic and cosmetic medicine, medical board discipline, medical spa liability, and medical malpractice liability malpractice  (negligence) involving CAM practices or telemedicine.

Mr. Cohen graduated from Columbia University (BA), Boalt Hall School of Law at the University of California, Berkeley (JD); the Haas School of Management at the University of California, Berkeley (MBA); and the Iowa Writers' Workshop at the University of Iowa (MFA).  In law school, he served as an editor of the California Law Review.  He also attended the Medical Institute for Law Faculty at the Cleveland Clinic. Following law school, he served as judicial clerk for the Honorable Thomas P. Griesa, United States District Judge in the federal Southern District of New York. Mr. Cohen was an associate in the Corporate Department at the Wall Street law firm Davis Polk & Wardwell, focusing on banking, securities law, and mergers & acquisitions. He was on the faculty of several law schools, teaching civil procedure, conflicts of laws, constitutional law, criminal law, health law, and insurance law.  He served as Director of Legal Programs at the Center for Alternative Medicine Research and Education (Beth Israel Deaconess Medical Center), and then the Harvard Medical School Division for Research and Education in Complementary and Integrative Medical Therapies and Harvard Medical School Osher Institute. He was also Assistant Professor of Medicine at Harvard Medical School, with a joint appointment as Assistant Adjunct Professor in the Department of Health Policy and Management at the Harvard School of Public Health. While at Harvard, Mr. Cohen was Principal Investigator on two grants, Legal and Social Barriers to Alternative Therapies (National Library of Medicine at the National Institutes of Health) and Pediatric Use of Complementary Therapies by Parents: Ethical and Policy Choices (Greenwall Foundation), and Co-Investigator on several other funded projects, including Models of Integrative Care in an Academic Health Center. Among his activities, Mr. Cohen pioneered the course, “Complementary and Alternative Medicine: Health Law and Policy” at the Harvard School of Public Health. He also was awarded a Fortieth Anniversary Senior Fellowship at the Center for the Study of World Religions, Harvard Divinity School.

Mr. Cohen has published over 100 articles, and books, including: Creative Writing for Lawyers (Citadel Press, 1990); Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives (Johns Hopkins University Press, 1998); Beyond Complementary Medicine: Legal and Ethical Perspectives on Health Care and Human Evolution (University of Michigan Press, 2000); Future Medicine: Ethical Dilemmas, Regulatory Challenges, and Therapeutic Pathways to Health and Healing in Human Transformation (University of Michigan Press, 2003); Legal Issues in Integrative Medicine (NAF Press, 2005); and Healing at the Borderland of Medicine and Religion (University of North Carolina Press, 2005).

Following a successful academic career, Mr. Cohen returned to the practice of law. In addition to his professional activities, Mr. Cohen received certification as a Registered Yoga Teacher. Whether advising start-ups or established companies, he brings his entrepreneurial spirit and caring insight to cutting-edge legal and regulatory challenges.

Mr. Cohen is admitted to practice in California, Massachusetts New York, and Washington, D.C.  To speak with an experienced business and health care law attorney about your legal concerns, contact our attorneys today.

 

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