By Michael S. Byrd, JD, Partner, ByrdAdatto
Is your med spa compliant with health care laws and regulations? Owners and operators of a clinical practice must navigate traditional business and employment laws similar to any other business. On top of this, clinical providers must operate in the heavily regulated and often confusing world of health care laws. The following is a list of the primary health care laws and regulations that affect providers:
- Patient Protection & Affordable Care Act
- Affordable Care Act Implementation
- Out-of-network Referrals
- Medicare-Medicaid Anti-Fraud & Abuse Amendments
- Anti-Kickback Statute
- Management Service Organizations
- Anti-Referral Regulations (Stark II)
- The False Claims Act (FCA)
- Increased Joint Venture Activity and Market Consolidation
- Occupational Safety and Health Administration Regulations (OSHA)
- Joint Commission on Accreditation of Healthcare Organizations (JCAHO)
- Physician Payments Sunshine Act (Sunshine Act)
The essence of almost all health care law is patient protection. Because of this, many traditional business strategies are problematic or even prohibited in health care. We do not advise our clients to memorize each of these laws. At the same time, the “head in the sand” strategy to avoid health care compliance does not usually end well. Communicating business arrangements and strategies with your counsel are key to compliance. Most health care compliance problems stem from a lack of knowledge of the law and lack of communication with counsel regarding the activities of the clinical practice.
Compliance in healthcare requires a commitment. While ByrdAdatto can prepare a plan or structure an arrangement to navigate compliance obstacles, compliance does not end with the documentation. Rather, health care compliance starts with the documentation and continues with the day to day operation of the practice.
For more information on your state’s laws and regulations, attend an AmSpa Medical Spa & Aesthetic Boot Camp and be the next med spa success story.
Michael S. Byrd , JD, is a partner with the law firm of ByrdAdatto. With his background as both a litigator and transactional attorney, Michael brings a comprehensive perspective to business and health care issues. He has been named to Texas Rising Stars and Texas Super Lawyers, published by Thompson Reuters, for multiple years (2009-2016) and recognized as a Best Lawyer in Dallas by D Magazine (2013, 2016).