Representative Matters

• General Counsel for a multi-state medical spa, including advising on corporate governance issues, forming new entities, healthcare regulatory compliance, drafting agreements, advising on transactions, intellectual property, advertising and employment law issues.

• Structured many medical spas, both the professional medical corporation for the physician(s) (or other professional entities, including nursing corporations and physician assistant corporations), along with the contracted management services organizations (“MSO”), including advising about structuring, ownership requirements, entity formation, drafting the management services agreement (“MSA”), medical director agreement, license agreement, sublease, business associate agreement, restricted stock purchase agreement/assignable option, security agreement, and other medical practice and corporate documents, not only in California, but with co-counsel, in other states, including, Nevada, Arizona, New York, Florida, and Texas.

• Negotiated numerous partnership agreements, including a physician partnership agreement, while advising the client about Stark/Anti-kickback laws.

• Negotiated a clinical study agreement for a physician, along with corresponding billing arrangement.

• Advised physician client about the issues with becoming the medical director for a medical spa, while also counsel for medical spas and able to seal the deal with physicians to become medical directors for the medical entities entering into management services agreements with medical spa (management services organizations).

• Assisted physicians and other professionals with contracting with aestheticians/estheticians, health coaches, massage therapists, and other allied health professionals by drafting and negotiating proper agreements.

• Composed memo about risks and legality of a medical device.

• Assisted physician with HIPAA and Power of Attorney issue with medical record issue.

• Assisted numerous medical doctors and osteopathic doctors with whether to apply for, applying for, and obtaining fictitious name permit (FNP) applications from the Medical Board and Osteopathic Board.

• Conducted research for Medical Spa regarding a possible complaint made to medical board.

• Represented client as a witness in Medical Board investigation of another practitioner.

• Advised client with a mobile health technology platform about California healthcare laws and regulations related to California health plans vs. independent physician associations (IPAs) and composed their client agreement, physician agreements, app terms and privacy policy, while revising website language for compliance.

• Drafted and negotiated medical device sale, lease, and usage agreements.

• Prepared sales agreements including the purchase agreement, purchase order and receipt of delivery for client’s health, wellness, and beauty products.

• Assisted clients with hospital and surgical facility incident reports and responses.

• Assisted complementary and alternative medicine (CAM) providers (including, chiropractors, acupuncturists, homeopaths, naturopathic doctors and more) on practice issues, including startup legal services, leases/shared space agreements, intakes and consents, claims on websites, regulatory questions, contractor/employment agreements, and patient issues.

• Counseled primary care healthcare management company on how to deal with a physician who was attempting to weasel out of the management service agreement and assisted with resolving the issue.

• Counseled numerous clients on California laws as they relate to legal payment structures between management companies and physicians/professional corporations.

• Assisted nurse client with research and placement of a medical director and facilitated their negotiation of the terms of the deal, while composing final medical director agreement.

• Instructed client how to setup a medical device leasing service in California.

• Represented client in becoming a medical director of a medical spa and partnering with a registered nurse, and assisted with all documents necessary to form a new professional medical corporation, including shareholders and medical directorship agreement.

• Drafted numerous HIPAA compliant documents for various clients, including business associate agreements, privacy policies, and patient consents, including photo consents for employees and patients, and for those involving complimentary or discounted procedures.

• Advised clients about HIPAA rules related to encrypted communications and compliance with HITECH, including when dealing with chargebacks and patient disputes.

• Composed numerous consulting agreements for healthcare professionals, including drug rehabilitation facilities, medical spas, medical device companies, and imaging centers.

• Drafted and negotiated term sheet as well as resulting management services agreement for the practice of clinical laboratory pathology services, which provided toxicology testing for drug/medication screening.

• Researched whether an oral procedure was within the scope of practice for Doctor of Osteopathy.

• Worked with co-counsel to resolve medical board complaints and investigations of managers, physicians and others appearing on medical spa website regarding corporate practice of medicine issues.

• Advised dentists and potential affiliates about limitations on medical spa ventures.

• Advised clients about good faith exam and charting requirements.

• Assisted drug rehab consultant with services contract and insurance coverage issues.

• Structured and setup agreements between three entities to provide services, space and apportioning fees and payments in a legally compliant fashion between a professional medical corporation, rehabilitation facility and management services organization.

• Advised client about Medicare surgery center rules regarding physician ownership and other clients about surgery center formation and buildouts.

• Advising physicians and other health professionals about supervision and delegation issues as they relate to staff, such as medical assistants, registered nurses, nurse practitioners, certified registered nurse anesthetists (CRNAs), physician assistants, licensed vocational nurses (LVNs), and other allied health professionals, in California and Nevada (with the assistance of co-counsel).

• Reviewed standardized procedures and protocols for clients, along with delegation of services agreement, AKA “practice agreement.”

• Counseled clients about proper titles and roles in medical vs. MSO entities

• Advised clients about medical record ownership and retention, and requirements upon death and acquisitions

• Researched various state laws about compliance issues for physicians, physician assistants, and nurses in terms of remote practice, telehealth/telemedicine, and advised clients about practices and training schools about procedures and protocol.

• Drafted refund agreements, comped service agreements, barter/trade agreements and other creative agreements for patients.

• Collaborated with medical malpractice lawyers, arbitration administrators, and professional liability insurers to revamp the standard, generic one-page physician-patient arbitration agreement into a comprehensive but succinct three-page arbitration agreement for medical practice clients.

• Advised clients on proper patient termination and handled the resulting termination correspondence with hostile patients.

• Drafted supervision agreement between physician and naturopath doctor, and advised about supervising naturopath doctor.

• Advised client about structuring Partial Hospitalization Program (PHP) and Intensive Outpatient Program (IOP) with psychiatrist as the supervisor of the services.

• Counsel to Vitamin-IV infusion clinics through advising about supervision issues, including paramedics and other compliance matters, along drafting requisite patient forms.

• Counseled nurse-injector client on canceling a fictitious name permit with one practice and forming new practice with almost the same name and obtaining new fictitious name permit in record time.

• Advised client about how to handle and respond to a Department of Consumer Affairs (“DCA”) letter.

• Advised client on how to work with providers who are licensed in California, but have a professional entity in another state, when they are licensed in more than one state.

• Advised client on treating a complication caused by a preceding physician in preparing proper informed consents and complication treatment release, along with a financial responsibility agreement.

• Drafted nurse injector agreement for independent contractor practice and employment agreement.

• Counseled physician client about working with aftercare nurses.

• Advised international client about expanding medical practice to the U.S. using a management services organization and contracting with physicians.

• Assisted physician client with all legal work to setup a mentorship/e-course eCommerce platform, including drafting the instructor and member agreements.

• Advised numerous medical clients about standard of care issues in terms of preventing legal issues.

• Drafted many public responses to negative reviews that empathetically acknowledged shortcomings, but stuck to the facts, without revealing HIPAA protected personal information, which resulted in a vast majority of the patients removing the review.

• Advised physicians about having white label products or their own product line of cosmetics, supplements, and other value add-on services to their practice, in terms of entity structure, FDA compliance, and intellectual property protection.

• Assisted clients with drafting informed consents for various procedures, including against medical advice, and an out of area waiver and follow-up care consent.

• Assisted several physician clients with setting concierge medical practices, even though they take Medicare, and drafted concierge practice agreements, and correspondence with patients.

• Represented client in setting up mobile wound healing business.

• Represented physician assistant corporations and nursing corporations in medical spa practice issues.

• Advised clients about medical records requests to the California Medical Board (“MBC”) and corresponded with investigator and other MBC personnel to resolve potential and actual complaints.

• Drafted many supervising and collaborating/collaboration agreements between nurses or physician assistants and physicians.

• Advised practitioners about prescribing and prescription compliance issues.

• Provided dual representation of clients with signed conflict waivers to facilitate transactions to save clients money and provide a balanced and more efficient deal.

• Setup psychology and psychiatry practices with entity, informed consents, policies, practice documents, assessments, and website review.

• Researched automobile window tinting laws for dermatologists and telehealth platforms, and drafted patient documents, including letters to be used in practice for use with police officers.

• Consulted providers on workarounds to non-solicitation clauses when departing from practices and platforms.

• Advised medical professionals about US Customs and Border Control, FDA, and DEA issues with prescribing foreign substances and drugs, as well as issues with exosomes.

• Advised clients about what to do about potential board investigations, including handling patient complaints and threats.

• Advised clients about weight loss drugs, including semaglutide, GLP-1, peptides, and other drugs, and biologic products, including preparing informed consents.

• Reviewed and negotiated Moxie contracts and documents for clients.

• Advised clients about issues with using a professional corporation, such as a nursing corporation and physician assistant corporation, to be the management services organization for a professional medical corporation. Also created Professional and Management Services Agreements for clients.

• Advised clients about providing Botox parties and other medical services outside of traditional medical settings, such as hair salons, fundraisers, and charity events.

• Advised clients about patient discounts, giveaways, referrals, social media ads, and complimentary procedures.

• Advised clients about Good Faith Estimates and providing documentation for practice use.

• Representation of pain management specialist in negotiating permitted use agreement with another provider and providing all practice documents.

• Assisted with structuring multiple entity primary care clinic, including the relationship between the professional medical corporation, management services organization, and physician assistant corporation.

• Represented sports medicine clinic in expansion to California with providing startup documents including space sharing agreements, insurance review, professional services agreements, medical director agreement, NOPP, securing permits, and advice on working with Medicare patients.

• Represented physical therapist in setting up private physical therapy practice, including issues with providing wellness services and working with masseuses, and PTAs.