CAMLAW: Complementary and Alternative Medicine Law Blog : Complementary, Alternative, & Integrative Medicine Law, Regulation, Ethics & Policy (Alternative and Complementary Medicine, Medical Spa Information, Holistic Health Attorney, and Legal Resources)

Hospital Stay is a blog which informs readers about ... well, what happens during a hospital stay.  Its editors, including CEO of a major hospital, opine that CAM is here for good:

Offered in almost 40 percent of hospitals (up from 26.5 percent in 2005, and 8 percent in 1998), complementary and alternative medicine (CAM) includes yoga, acupuncture, meditation, as well as other options typically considered outside of traditional Western medicine.  In a hospital setting, CAM increasingly appeals to patients for general wellness options, preventative measures, or when conventional choices fall short. Not surprising, preventative care and wellness programs exist at the core of PPACA, even though these particular sections in the 2,700-page law often escape the media’s spotlight.

Western medicine is associated with the most advanced, research-based treatments, surgeries, and drugs used by medical doctors and their colleagues. CAM treatments may date back thousands of years to ancient Greece or China and include in part acupuncture, herbal medicine, chiropractic treatments, hydrotherapy, and art therapy.  Historical precedence, however, may not be the biggest concern for hospital patients, especially since the existence of stress, anxiety, and overall fear — an inescapable dynamic inherent in practically all hospital stays — predates both new and old medicine.

With so many therapies falling under the umbrella of complementary and alternative, there are a myriad of different ways that hospitals and medical centers might integrate CAM into their establishments. While hospitals typically focus on the more established CAM therapies like massage, relaxation training, and nutritional therapy, even these treatments typically vary.

In addition to body-based therapies such as acupuncture, some CAM programs offer treatments in stress management, hypnosis, and resilience training. Studies show this approach helps patients develop positive coping strategies. Other facilities include CAM treatments in wellness areas, including environment, relationships, personal growth, and spirituality, as well as nutrition and exercise.

Some of these treatments are truly “holistic” systems, incorporating acupuncture, herbal medicine, massage, dietary, and lifestyle treatments in some instances, and yoga, diet, massage, and meditation in others. At the same time, complementary treatments are not always holistic, and this term may be little more than a lure for patients seeking “whole-person” care.

Some of the most common conditions treated with complementary and alternative medicine at hospitals include chronic pain, cancer, preparation for surgery and/or recovery, women’s health, and anxiety and depression. However, patients seek CAM treatments for any number of conditions, including chronic fatigue, sinusitis, addiction, gastrointestinal conditions, sports injuries, or as a preventative measure.

As with CAM-treated ailments, CAM treatments are far ranging. They vary in cultural origin, philosophy, and history—some may be thousands of years old, others only decades. They may include anything from homeopathy to pet therapy (an increasingly popular inpatient service, sometimes referred to as Animal Assisted Therapy (AAT)).

The article was posted initially on a PBS website.

From dietary supplements to pet therapy, complementary, alternative and integrative medicine is pervading hospitals and physician practices.

Legal issues surrounding integrative medicine though remain murky.  Whether you are an unlicensed practitioner such as a homeopath, energy healer, hypnotherapist, lay naturopath or naturopath in a state that does not license naturopathic physicians, astrologer, clairvoyant medical intuitive, or a licensed allied health provider such as a registered nurse, clinical psychologist, biological dentist, or a DO or MD practicing integrative therapies such as chelation therapy, hormonal-based therapies, functional medicine, telemedicine, or nutritional and lifestyle advice, the laws relating to standard of care, professional discipline, FDA regulation of drugs, dietary supplements and medical devices, and other areas of law will affect you.

It's important to consult with an attorney familiar with the laws regarding CAM therapies and integrative medical practice in your state.

Licensing, fee-splitting, fraud and abuse, insurance questions (such as properly billing and coding and navigating the complexities of handling Medicare patients), unlicensed medical practice, scope of practice, and other areas require legal guidance.  Many health care entities and practitioners unwittingly run afoul of many areas of law because they fail to consult a health care and business law attorney ahead of time.

Contact one of our experienced attorneys to gain insight into your legal questions regarding alternative medicine practice.  Whether you are an acupuncturist, chiropractor, nurse practitioner, social worker, physician, or simply an entrepreneur who is offering products in the holistic health arena, we can help guide you as to the laws in California, New York, Massachusetts, Washington, D.C. and other states so you can legally protect yourself when you operate your health care or wellness facility.

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If you have legal questions concerning telemedicine and telehealth practices, HIPAA legal issues, health care reform questions, or other health law matters in New York, California, Massachusetts, Washington DC, and other states, contact a lawyer who knows the rules.

Consult an experienced health care law attorney who knows complementary medicine and integrative medicine for legal advice pertaining to any project involving allied health or CAM professionals.

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Michael H. Cohen is a health care law and business law attorney providing business legal advice to green entrepreneurs and companies, and health care law advice to businesses and physicians, acupuncturists, naturopathic doctors, homeopaths and others in the holistic health, wellness, and green industries. He works with telemedicine, medical devices, and cutting-edge technologies and gives clear legal advice to grow your business.

As a founding attorney of a law firm at the cutting edge of health care and business law, he represents enterprises poised for vertical lift, whose leaders are conscious, intuitive, and committed to shaping a better world. Michael also advises medical spas and integrative medicine clinics, physicians, chiropractors, naturopathic physicians, nurses, massage therapists, energy healers, nutritionists and herbalists, dietary supplement and cosmetics companies, and businesses with bio-energy and other technologies and medical devices. The website also offers the Entrepreneur’s Legal Toolkit as a series of legal guides to businesses.

See what clients say about his work, visit the Legal Services page for information on business law and healthcare legal services where alternative billing arrangements (such as a flat rate or project fee) can be discussed for discrete projects such as incorporation for entrepreneurs, review and drafting of business contracts, trademark, and package health law services.

Our healthcare law and business law firm also provides special expertise to attorneys and law firms whose clients are involved in wellness industry projects or who require guidance regarding fee-splitting, Stark, anti-kickback, medical board discipline, medical malpractice liability, HIPAA, Medicare, and other health law and regulatory compliance issues. Our HIPAA lawyers handle medical privacy and confidentiality and our telemedicine attorneys advice doctors and companies dispensing medical advice nationwide.

To speak with a lawyer about health care law issues pertaining to complementary and alternative medicine, or to consult a business lawyer about laws and legal issues for entrepreneurs and new enterprises that are seeking legal advice, contact our law firm today.