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Health Law

: Complementary And Alternative Medicine Law Blog

Round Up The Usual Disclaimers

By Michael H. Cohen, Esq.

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I have modified one of the famous closing lines from Casablanca, "round up the usual suspects," to "round up the usual disclaimers."

Basically, one of the essential skills of any health care law attorney or business lawyer is breaking down a business problem into the relevant legal issues, and then tackling the legal issues one by one in a thorough analysis that is clear and helps the client make a critical business judgment.

Not everything can be answered at once. Sometimes it is useful to say what a legal analysis has not addressed.

Below is a fairly comprehensive list of issues that can be incorporated in a disclaimer. In other words, these issues are disclaimed to the extent not explicitly discussed in the memo.

... Issues relating to direct or vicarious liability for the specific practices and therapies of other practitioners working with or within the entities described in this memo.

... Issues relating to scope of practice, unauthorized medical practice, or aiding and abetting unauthorized medical practice by any practitioner affiliated with the described entities other than as already discussed in this memo.

... Insurance issues including billing, coding, and special issues pertaining to Medicare patients.

... Potential liability relating to negligent credentialing other than as already discussed in this memo.

... Employment law issues including whether clinicians and staff should be hired as independent contractors or employees under relevant state law.

... HIPAA and other State and federal privacy and confidentiality concerns.

... Compliance with FDA and FTC health claims regulations and other potential concerns, such as language that guarantees a result or other common legal pitfalls, associated with website and marketing materials.

... Tax issues.[1]

... Permits, permission or registration required for the facility.

... OSHA and relevant state law rules with respect to safety matters (such as, but not limited to, the disposal of acupuncture needles).

... Securities law issues (federal and state) relating to equity investment in any of the described entities.

... Franchise law or seller-assisted marketing issues (federal and state) relating to duplicating the clinic in other locations.

... Any other matters specifically disclaimed elsewhere in this memo.

Of course, we try to keep our legal memos concise, clear, and to the point. No client wants a bunch of excess verbiage; the whole point is to be effective and cost-effective. Part of being clear involves mentioning what's on the table and what is not.

This may seem like a long list, but it also helps us chunk a project into parts so that we establish a fee structure that works within clients' resources and helps target our work to exactly what they need.

[1] Regarding the proposed entities and compensation arrangements, we recommend review by an accountant for tax consequences, and we make no assertion or claim regarding tax benefits or liabilities.

If you have legal questions concerning telemedicine and telehealth practices in New York, California, Massachusetts, Washington DC, and other states, contact a lawyer who knows the rules.

Consult an experienced health care law attorney who knows complementary medicine and integrative medicine for legal advice pertaining to any project involving allied health or CAM professionals.

***

Michael H. Cohen is a health care law and business law attorney providing business legal advice to green entrepreneurs and companies, and health care law advice to businesses and physicians, acupuncturists, naturopathic doctors, homeopaths and others in the holistic health, wellness, and green industries. He works with telemedicine, medical devices, and cutting-edge technologies and gives clear legal advice to grow your business.

As a founding attorney of the Global Vision Law Group, he represents businesses poised for vertical lift, whose leaders are conscious, intuitive, and committed to shaping a better world. Michael also advises medical spas and integrative medicine clinics, physicians, chiropractors, naturopathic physicians, massage therapists, energy healers, nutritionists and herbalists, dietary supplement and cosmetics companies, and businesses with bio-energy and other technologies and medical devices. The website also offers the Entrepreneur's Legal Toolkit as a series of legal guides to businesses.

See what clients say about his work, visit the Legal Services page for information on business law and healthcare legal services where alternative billing arrangements (such as a flat rate or project fee) can be discussed for discrete projects such as incorporation for entrepreneurs, review and drafting of business contracts, trademark, and package health law services.

Our healthcare law and business law firm also provides special expertise to attorneys and law firms whose clients are involved in wellness industry projects or who require guidance regarding fee-splitting, Stark, anti-kickback, medical board discipline, and other health law and regulatory compliance issues.

To speak with a lawyer about health care law issues pertaining to complementary and alternative medicine, or to consult a business lawyer about laws and legal issues for entrepreneurs and new enterprises that are seeking legal advice, contact the Global Vision Law Group today.