Medical Spa Legal Issues 101

Medical spas are proliferating everywhere, especially in California.  Special legal rules apply to physicians, nurses, and laypersons establishing medical spas.

Many people are venturing into the medical spa space, but few have knowledge of some of the traps facing both the doctors and allied health professionals who provide clinical services, as well as the lay entrepreneurs who found these ventures.  

Fee-splitting rules, anti-kickback laws, Stark, scope of practice, corporate practice of medicine - these are some of the legal issues that can blow a deal apart.  It takes careful strategic thinking to properly structure a medical spa and determines who owns what.

 

If you are interested in laws governing medical spas, you can benefit from a Medical Spa legal issues 101.

 

The Complementary and Alternative Medicine Law Blog has many relevant articles, including: 

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, tele-health and online health services.

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.