Corporate Practice of Medicine
Opinions on Healthcare Business Transactions, Opinions on Medical Business Ventures, Opinions on Dental Business Ventures, Advisory Legal Opinions on Dental Business, Advisory Legal Opinions on Medical Business, Corporate Practice of Medicine, Corporate Practice of Dentistry, Due Diligence on Dental Business, Due Diligence on Healthcare Business, Healthcare Clinic Ownership, Legal Advice on Dental Transactions, Legal Advice on Healthcare Transactions, Opinion Letters on Dental Business Arrangements
The practice of healthcare and operation of healthcare facilities is the most regulated area of business in our country. There are numerous state and federal laws and regulations which govern any medical or dental business or facility in addition to the numerous laws and regulations that control any business. Only certified health care attorneys are properly trained and qualified to assist you in navigating the complex waters of such a regulatory morass.
The federal Stark Act, Antikickback Laws, Health Insurance Portability and Accountability Act (HIPAA), Affordable Care Act (ACA), Antitrust Laws, Social Security Act, Medicare Act, and the thousands of pages of federal regulations implementing them are just the tip of the iceberg. Any state, Florida for example, will also have different corporate practice of medicine or dentistry laws, health care clinic licensure acts, physician self-referral prohibitions, fee splitting prohibitions, patient brokering act, Medicaid laws and regulations, health facility licensing laws, personal injury protection (PIP) and health insurance laws, pain clinic laws, board of medicine rules (regulations) board of dentistry rules, and numerous administrative decisions and declaratory statements (legal opinions by various administrative agencies) which will also apply, among other regulatory requirements. Don't you think it might be a good idea to examine all of these before you conclude the transaction?
Venture capital companies, banks, lenders and other fincancing entities, as well as the purchasers, of any such enterprise involving the provision of any health care services would be negligent to move forward without an appropriate legal opinion letter and conducting proper due diligence.
In order to be able to bill and collect from various different payers, including Medicare, Medicaid, Tricare and private health insurers, one must be sure that their business is properly license and legally structured.
Although many states have prohibitions on the corporate practice of medicine (that is, the ownership of medical practices by nonphysicians), Florida has no such prohibition. However, there are strict licensure requirements for a medical practice owned by a nonphysician and we can help you apply for and receive such a license.
On the other hand, Florida does have a very strict prohibition on the ownership or control of a dental practice by any nondentist (which is defined by law as someone not licensed as a dentist in the state of Florida).
State and federal regulators may investigate a healthcare business or professional for many years before finally making a claim for repayment of improperly paid monies or for civil monetary penalties and fines.
We represent parties involved in the sale or purchase of dental and medical practices, in the review and negotiation of contracts, and in the financing of such transactions. We provide legal advice and analysis on the application of the many different state and federal laws and regulations which may apply to your proposed business arrangement.
Our opinion letters analyze a proposed business venture and discuss each of the federal and state laws and regulations which apply to it. Our experience in contracts, joint ventures, corporations and business litigation come into play to enable us to cover the myriad of legal issues which may impact it. We have litigated most of these issue sin administrative hearings, state court cases and federal court cases.
The health care attorneys of The Health Law Firm include board certified health lawyers, lawyers with LL.M. degrees in health law, and several attorneys who are licensed health care professionals. We have provided legal analysis and opinions on a countless number of business transactions involving medical dental and health care practices.