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.

Our law firm has detailed some of these issues in posts including:

Managing Fee Splitting Issues in the Integrative Care Center or Medical Spa

Creating Legally Successful, Multidisciplinary Health Care Practices: Fee-Splitting, Kickbacks, Stark Analysis, Corporate Practice of Medicine, Unlicensed Practice, Employment, and Other Issues

Legal Issues in a Medical Spa or Integrative Care Center: Anti-kickback and Fee-Splitting Concerns - The Laws

Legal Issues in a Medical Spa or Integrative Care Center: Anti-kickback and Fee-Splitting Concerns - Structuring the Practice

Should a physician who contracts with an integrative care center or medical spa be classified as an employee or independent contractor - Corporate Practice of Medicine Concern

Employee v. Independent Contractor in the Medical Spa or Integrative Care Center

Should a physician who contracts with an integrative care center or medical spa be classified as an employee or independent contractor?

Federal Self-Referral (Stark) and Anti-Kickback Analysis for Integrative Care Centers

The Mall Model: A Legal Structure to Handle Anti-Kickback Concerns of Integrative Care Centers

The legal advice our attorneys render to clients is constantly changing depending on the changing map of laws, regulations, and regulatory enforcement priorities.  Although the management services model is very common, and the above articles lay out some of the permutations in detail, there are some caveats.  Our Stark and anti-kickback / fee-splitting lawyers have included some legal concerns of note in these articles:

Sham medical director agreements violate Stark laws

Use of lasers for body scuplting raises legal issues

Stark laws were violated as a matter of law, federal judge finds

Fair market value rules must be respected to mitigate kickback issues

Before entering into any compensation arrangement that could implicate Stark, anti-kickback or fee-splitting laws, be sure to consult experienced health care legal counsel.

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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.  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); health care licensing matters; 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 and FDA matters; insurance reimbursement and Medicare issues; website disclaimers; concierge medicine legal advice; telemedicine; and other business law and health care regulatory compliance arenas.  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.  Contact our attorneys at our Beverly Hills, California law firm today.