Spa Legal Issues : CAMLAW: Complementary and Alternative Medicine Law Blog

Medical spa laws toughened in California with greater penalties and enforcement

California has increased enforcement and penalties for unlicensed medical practice by medical spa owners and operators.

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Legal enforcement pressures increase for medical spas

Medical spas are facing greater regulatory enforcement and legal attention as authorities step up sweeps.

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Coordinated government efforts target health care fraud and abuse

Coordinated government enforcement targets fee-splitting, Stark and kickback fraud and abuse in health care.

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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.

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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.

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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.

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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.

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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.

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Can a Medical Spa Hire a Physician As Its Medical Director

With the ever-increasing popularity of medical spas, legal questions surrounding ownership become ever more important to address.

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Medical Spa Legal Issues

So you want to own a medi-spa. Because state law determines what parts of the business you can own, you have to put the puzzle of legal rules together in a compliant way that keeps you protected.

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Medical spas face fee splitting issues

California Medical Board cautions medical boards against "renting a license" by hiring doctors to run weight loss clinics and day spas owned and operated by laypersons.

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Major California Attorney General Opinions Involving Business & Professions Code Section 650

Is it kickback? A fee-split? (One client kept referring to this as "flea-spitting." Sorry, it's fee splitting.)

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California Self-Referral and Related Laws

Like many states, California law contains prohibitions against physicians referring patients to health care entities in which the doctors have a financial interest.

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Group Exception to Kickback Prohibition Under State Law

Health care entities and providers should know that New York has a "group" exception to its statutory anti-kickback provisions.

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Sample Disclosure Form for Self-Referrals

New York provides a sample disclosure form for self-referrals under its administrative rules.

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Health Care Referrals for Designated Health Services Raise State Law Issues

States as well as the federal government can prohibit health care referrals for designated health services in exchange for financial compensation or other forms of remuneration, or where the referring person has an ownership interest.

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Fee Splitting and Kickbacks continue to challenge physicians

Fee-splitting and kickback issues pose challenge for medical clinics and wellness centers that include non-physician providers such as nurses, psychologists, chiropractors, acupuncturists and massage therapists.

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Corporate practice of medicine, fee-splitting, and other legal issues in the aesthetic medical practice and medspa

If you're opening a medical spa or an aesthetic medical practice, watch out for lurking legal issues.

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Drafting legal contracts for medical spa and integrative medicine clinics to address kickback and fee-splitting issues

Many business owners think that handling Stark, kickback and fee-splitting issues in the medspa or integrative care clinic is simply a matter of drafting standard contracts for independent contractors or employees.

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

Multidisciplinary clinical practices present complex and overlapping legal issues including fee-splitting and kickback questions.

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Managing Fee Splitting Issues in the Integrative Care Center or Medical Spa - 2

Medical spas and integrative clinical care centers often raise legal issues relating to fee-splitting, kickbacks, Stark, and other conflict of interest areas.

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

In addition to the labor law issues, integrative clinical care centers and medical spas (and other health care entities) must understand the corporate practice of medicine rules.

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

Medical spas and integrative medicine centers often have to determine how to classify clinicians and staff as employees vs. as independent contractors.

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

This question involves two areas of law: labor law, and the corporate practice of medicine.

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

Our law office has developed several business structures to address self-referral (Stark), fee-splitting and anti-kickback concerns in the integrative care center.

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Must you be a physician to perform laser techniques?

Medical spa owners frequently call for legal advice on the question of whether they need a physician to perform cosmetic laser techniques?

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Laws regulating who can perform cosmetic laser procedures

Who can legally perform cosmetic procedures including laser surgery?

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Telemedicine and Anti-Kickback Law

Telemedicine and raise anti-kickback legal issues.

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

This article updates our discussion of how clients might be able to structure multidisciplinary clinical practices involving complementary medicine, holistic health, and medical spa therapies in compliance with applicable laws governing fee-splitting and kickbacks.

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Structuring the Holistic Health Care Clinic, Wellness Center, Medical Spa, or Integrative Care Center: Legal Issues

We advise clients setting up holistic health care centers, wellness clinics, integrative medicine centers, and medical spas regarding the legal issues involved in structuring a group health practice or wellness initiative.

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

Legal issues involving self-referral, kickbacks and fee-splitting need to be addressed in structuring a medical spa or integrative medicine care center - or even a multidisciplinary clinical health care center or group practice that involves multidisciplinary teams of allied health providers, such as psychologists and nurses.

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

One of the most important legal concerns when setting up a medical spa or integrative medicine - or even a multidisciplinary health care center or group practice that involves multidisciplinary teams of allied health providers, such as psychologists and nurses, involves self-referral, anti-kickback and fee-splitting.

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Integrative medicine expert offers course on the business of spas

Marc Micozzi, MD, PhD, my co-author on "The Practice of Integrative Medicine: A Legal and Operational Guide," is offering a course on spa business issues.

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Legal issues involving medical directors of spas

The California medical board has made an interesting statement about a physician serving as medical director of a spa.

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Anti-kickback and fee-splitting issues for integrative medicine clinics and medical spas

Anti-kickback and fee-splitting issues can pose challenges to integrative medicine clinics and medical spas. Continue Reading...

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California medical spa law for doctors and patients

The California medical board actually has some readable information on its website about medical spa laws and regulations. Continue Reading...

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Medical Spa Regulation

Who can perform various medical spa procedures? Is physician supervision necessary, or physician delegation to an unlicensed assistant or to a nurse possible? Continue Reading...

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Medical and Physician Spa Practices: A practical guide in avoiding costly and regulatory mistakes

Law Offices of Michael H. Cohen presents "Medical and Physician Spa Practices: A practical guide in avoiding costly and regulatory mistakes" in a webcast for lawyers sponsored by West Legal Education Center. Continue Reading...

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Key Legal Issues for Medical Spas and Aesthetic Medical Practices

The medical spa industry is exploding with potential business opportunities. Yet, many physicians and business owners open an aesthetic medical practice or join a medical spa with little awareness of the potential legal and regulatory pitfalls that await the unprepared clinician or entrepreneur. Continue Reading...

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International Association for Physicians in Aesthetic Medicine

The International Association for Physicians in Aesthetic Medicine is a voluntary association of physicians which sets standards for the aesthetic medical profession. Continue Reading...

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Medical Spa Legal Issues

Medical spas are exploding in popularity, and owners/entrepreneurs need to carefully address legal issues.

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FDA regulation of steam baths and hot tubs

For those interested in how the FDA regulates steam baths and hot tubs that are intended to be used for medical purposes, these links may be helpful.

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Medical device vs. cosmetics: a question of FDA regulation

The federal Food Drug & Cosmetic Act distinguishes medical devices from cosmetics, though I've come across a letter debating the FDA's warning that a certain cosmetic could constitute a "medical device."

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Legal & Liability Issues of a Medical Spa

I've come across a book enitled "Legal & Liability Issues of a Medical Spa," though it's a bit pricey.

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States considering taxing plastic surgery and cosmetic medicine

States are considering taxing plastic surgery and cosmetic (retail) medicine.

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Wellness spas featured

In 'Wellness Spas: Separating the Quality From the Quackery,' the Washington Post featured key health care law and policy issues surrounding the increasing popularity of spa care.

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Florida Law on Physician Presence Challenges Spa Owners

A new Florida law for cosmetic laser and light technology is challenging for spa owners, reports TampaBays.com.

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Legal Blow to Spa Clinic's Bid

A spa clinic's bid to open in Burlingame, California was rejected by a local planning commission on the ground that nurses must legally be present during Botox injections, converting the spa into a "medical office."

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Spa Treatments Criticized as Insufficiently Unregulated

Spa treatments such as Botox and Restalyne have been criticized by NYT reporter Alex Kuczynski's in her new book, Beauty Junkies.

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Medical Spa Legal Issues: Laser Therapy

Physician supervision requirements can make delivery of medical spa therapies expensive.

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Massage Establishment Laws Nip Massage Therapy

One massage therapy institution has found itself under attack from massage establishment laws in a local town.

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Spa-Goers Cautioned in Tapei

Not all medical spas provide outstanding care and treatment.

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Medical Spas

I'm starting to keep a running list of new medical spas ... the fields keeps booming. The blog covers medical spa legal issues elsewhere.

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Retail Health Clinics Moving in on Doctors' Territory

Retail clinics in the backs of pharmacies and other stores are moving in on the diganostic territory traditionally held by MD's.

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Jet Blue Into Alt Med

Jet Blue now offers a "health and wellness" sky service.

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Medical Spa Resources

Medical Spa Financing offers financing services for medical spas.

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Medical Spa Liability Insurance and Other Spa Insurance Coverage

Medical spas may require additional thinking about liability insurance and other coverage, since they add medical complexity to the regular spa approach.

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Spa Business Models, Liability Risk Management, and Legal Issues in Complementary, Alternative, and Integrative Therapies

Spas and integrative medicine clinics increasingly offer the same complementary therapies (from massage therapy to acupuncture) and share the same healing goals. They also may share the same legal concerns, as well as risk management issues and opportunities.

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