Healthcare
Our healthcare practice is dedicated to providing comprehensive legal services to healthcare providers, institutions, and organizations across the entire industry spectrum.
Our healthcare practice is dedicated to providing comprehensive legal services to healthcare providers, institutions, and organizations across the entire industry spectrum. We offer guidance on navigating the complexities of healthcare and the operational challenges for providers and businesses in this ever-evolving field.
Our attorney team has deep expertise in business transactions and general business operations, risk assessment and regulatory compliance, and litigation. We represent a wide range of clients, including physicians, nurses, physician assistants, allied health professionals, other licensed healthcare professionals, healthcare facilities, medical staffs, clinics and medical groups, and related healthcare businesses.
Our area of expertise includes, but is not limited to:
- Healthcare technology start-ups, remote patient monitoring, and medical spas
- Professional corporation formation
- Partnership formation
- Management Services Organization formation
- Limited liability company formation for non-medical professional services and corollary healthcare ventures
- Fictious Name Permitting
- Equity structuring
- Business, officer, director and employment agreements
- Shareholder Agreements
- Partnership Agreements
- Operating Agreements
- Billing company and vendor agreements
- Capitation or health plan Provider Agreements
- Hospital professional services agreements
- Business and professional insurance coverage inquiries
- Current Procedural Terminology (“CPT”) code billing and reimbursement procedures, disputes, and appeals
- Commercial health plan and government reimbursement audits and investigations
- Insurance recoupment or clawbacks
- Purchase and Sale of medical, dental and other practices
- Centers for Medicare & Medicaid Services (“CMS”) compliance
- Medicare Fee-for-Service (“FFS”)
- Medicare Advantage Part C and Part D plans
- Credentialing and peer review disputes
- Medical Staff membership applications, renewals, suspensions, demotions, and revocations
- Departmental privileges
- Physician Wellbeing Committee or behavioral health investigations and hearings
- Physician hospital and departmental privileges denial, suspension, or revocation
- Professional licensing board investigations and hearings
- HIPAA and state patient data privacy and security
- Stark and Anti-Kickback statute compliance
- Corporate compliance programs
- Scope of practice issues for nurse practitioners, physician assistants and others
- Risk management issues
- Audit risk assessment
- False Claims Act and whistleblower defense
- Unfair business practices, anti-competitive behavior, fraud
- Breaches of fiduciary duty
- Minority shareholder rights
- Voluntary or involuntary corporate dissolution proceedings
- Business disputes
- Writ proceedings, damages cases, injunctive relief, arbitration, mediation
With a proactive approach and exceptional expertise and experience, our team of attorneys remains a trusted partner for healthcare clients facing challenges or seeking growth in a highly regulated industry. We work collaboratively with clients to develop practical solutions that address both legal obligations and business goals, ensuring that they are well-positioned for long-term success.
FAQ
Most frequent questions and answers
Yes. In some states, including California, medical practices must comply with the Corporate Practice of Medicine (CPOM) doctrine. This generally means:
- Only licensed physicians can own medical practices, with some exceptions
- Med spas offering medical services must have physician ownership or a compliant MSO (Management Services Organization) structure
Improper structuring can lead to fines, license risk, and contract unenforceability.
It depends on state law, but typically:
- Non-medical cosmetic services (basic facials, some skincare) may be performed by estheticians
- Medical procedures (Botox, fillers, lasers, prescription treatments) require physician oversight and proper delegation
California is particularly strict on delegation and written supervision rules.
Generally, NPs and PAs:
- Cannot independently own a medical practice in CPOM states like California
- May operate under physician supervision or MSO arrangements
However, they may own non-medical aesthetic businesses if structured correctly.
An MSO is a separate entity that handles:
- Billing
- Staffing
- Marketing
- Operations
It allows non-physicians to participate in business operations while keeping medical decision-making with licensed physicians.
MSO structures are common for:
- Med spas
- Multi-location clinics
- Healthcare startups
You do not need to be a licensed provider to own an MSO.
Key risks include:
- Unauthorized practice of medicine
- Improper delegation to unlicensed staff
- Lack of informed consent documentation
- Advertising violations (misleading claims or before/after photos)
- Criminal penalties
Regulators actively investigate cosmetic clinics and med spas.
Healthcare advertising must avoid:
- False or misleading claims
- Guaranteed results (“100% safe,” “no risks”)
- Misrepresentation of credentials
Many states also regulate:
- Before-and-after images
- Testimonials
- Discount or Groupon-style promotions for medical services
HIPAA requires protection of Protected Health Information (PHI), including:
- Secure storage of patient records
- Encryption of electronic systems
- Staff training and privacy policies
- Business Associate Agreements (BAAs) with vendors
Even small med spas are fully subject to HIPAA if they handle PHI.
Yes. Proper informed consent is critical for liability protection and regulatory compliance.
Consent forms should include:
- Risks and benefits
- Alternative treatments
- Expected outcomes (without guarantees)
- Post-care instructions
- Patient acknowledgment and signature
With some few exceptions, generally, no, not in a medical practice.
Healthcare businesses must ensure:
- Proper contractor agreements
- No employee-level control over ICs
- Compliance with wage/hour laws
- Proper supervision rules for clinical work
Misclassification can trigger audits and penalties.
Potential consequences include:
- Board of Medicine investigations
- Civil fines and penalties
- Loss of professional license
- Contract invalidation (leases, vendor contracts, MSAs)
- Civil lawsuits from patients or competitors
Proactive compliance is significantly less costly than enforcement action.


