Get the Insights and Advice You Need from an Experienced Medical Spa Attorney

As medical spas have gained popularity recently, state and federal authorities have enhanced their efforts to ensure compliance in this unique healthcare industry segment. Medical spas and their owners face substantial compliance obligations, and failure to meet them can create exposure to significant liability. This means that compliance must be a priority, and all owners must work closely with an experienced medical spa attorney who can confidently guide them forward.

Our attorneys have extensive experience advising physician and non-physician owners regarding medical spa compliance. We work with medical spas nationwide, assisting with all aspects of compliance management and defense. Whether you have a specific question or are interested in engaging our firm as outside general counsel to provide advice on an ongoing basis, we can custom tailor a solution to your particular needs.

Compliance Concerns for Medical Spas

Medical spas have extensive compliance obligations. These obligations relate not only to the healthcare aspects of their operations but also to the marketing aspects of their operations. Several authorities have expressed concerns over the marketing of medical spa services, focusing on ensuring that patients understand the benefits and risks of the treatments they receive.

We rely on decades of relevant experience to help medical spas develop and implement effective compliance programs. Comprehensiveness is critical when it comes to compliance. Even a compliance failure can lead to enforcement action at the state or federal level; ignorance of the law is generally not a defense.

Our compliance services for medical spas include providing initial and ongoing assistance with matters such as:

Physician Ownership, Contracts, and Corporate Practice of Medicine

Corporate practice of medicine laws present compliance issues for medical spas with non-physician owners. Several states have corporate practice of medicine laws, each with its own unique set of prohibitions and requirements. Our attorneys assist medical spas nationwide with structuring physician ownership interests, employment agreements, and other contracts to avoid unlawful corporate practice.

Anti-Kickback Statute and Stark Law Compliance

The federal Anti-Kickback Statute and Stark Law (also known as the physician self-referral law) prohibit the payment of patient referral fees in various scenarios. However, while both of these laws are broad in their general applicability, they are each subject to multiple safe harbors and exceptions that allow the payment of compensation and other forms of remuneration in various circumstances. We help medical spas structure relevant financial relationships within these safe harbors and exceptions.

Unlicensed Practice of Medicine

When medical spas employ cosmetologists, estheticians, and other non-medical professionals, they must ensure that these professionals do not engage in the unlicensed practice of medicine. There is a fine line in many cases, particularly when clients schedule appointments for both medical and non-medical services. We help medical spas implement the necessary safeguards and provide appropriate training to their personnel to avoid unlicensed practice.

Prescription Drug Compliance

Medical spas must implement the policies and procedures necessary to comply with the Controlled Substances Act (CSA), Drug Supply Chain Security Act (DSCSA), and all other laws and regulations that apply to administering, dispensing, and prescribing controlled substance medications. We assist our medical spa clients with all aspects of prescription drug compliance, including (but not limited to) registration and renewal with the U.S. Drug Enforcement Administration (DEA).

Compliance Related to Specific Medical Spa Services

Along with meeting the compliance obligations that generally apply to medical service providers, medical spas must also meet additional obligations that apply specifically to various types of services. These services include (but are not limited to):

• BOTOX and dermal filler treatments (i.e., Juvéderm and Restylane)
• Laser hair removal and tattoo removal
• Permanent makeup application
• Platelet-rich plasma (PRP) treatments
• Photogenic rejuvenation and skin resurfacing (including broadband light (BBL), intense pulsed light (IPL) and laser treatments)

With our extensive experience representing medical spas, each attorney at our firm is well-versed in the laws and regulations that apply to these (and other services). We can use our experience to help you proactively manage compliance in all areas of your medical spa’s operations.

Medical Billing Compliance

Medical billing compliance is also a key consideration for medical spas. All payors, both public and private, require strict compliance with their billing rules, policies, and procedures. As noncompliance can lead to payment reversals, prepayment reviews, and other penalties, proactive compliance management is critical here as well.

HIPAA Compliance

Effectively managing compliance with the Health Insurance Portability and Accountability Act (HIPAA) is also critical for medical spas. Not only can HIPAA violations lead to scrutiny of medical spas’ recordkeeping practices, but in many cases, they will also lead to scrutiny of other areas of medical spas’ operations. We work with all types of healthcare providers to help them comply with HIPAA, providing services that include developing compliance policies and procedures, HIPAA compliance training, and internal auditing and enforcement.

Medical Spa Advertising Compliance

Medical spas must be extremely careful when advertising their services to the public. This is true whether they develop their own marketing materials or social media posts in-house, work with an agency, or rely on marketing collateral supplied by the companies whose products they offer. A proactive approach is also critical here, as marketing violations generally cannot be “undone.”

General Corporate Compliance and Risk Management

In addition to providing compliance services specific to medical spas’ structure and operations, we offer general corporate compliance and risk management services. For example, we routinely assist our medical spa clients with matters such as:

• Business entity selection and formation
• Financial structuring and outside financing arrangements
• Medical spa insurance policy review and negotiation
• Medical spa sales, mergers and acquisitions
• State and federal tax compliance

With our exclusive focus on representing clients in the healthcare industry, we are uniquely attuned to the challenges, risks, and opportunities medical spas and their owners face daily. By working closely with our clients and learning the intricacies of their businesses, we can provide proactive advice focused on avoiding miscues that have the potential to expose our clients to liability.

Defense Counsel for Medical Spas and Their Owners

Sometimes, even medical spas and their owners’ best efforts to maintain compliance won’t be enough. Medical spas have been under the microscope in recent years, with state and federal authorities taking a particular interest in ensuring comprehensive compliance. Along with helping clients proactively manage compliance, each medical spa attorney at our firm also has extensive experience serving as defense counsel for matters including:

• Anti-Kickback Statute and Stark Law investigations (including fee-splitting investigations)
• DEA inspections and investigations
• Federal healthcare fraud investigations
• National Practitioner Data Bank (NPDB) appeals
• State medical board investigations and disciplinary actions

These are just examples. Regardless of the authority and issues involved, if your medical spa is facing external scrutiny (or if you are facing scrutiny as a medical spa owner or physician), we can help you execute an informed and strategic defense. But, in these situations, time can be of the essence, so we encourage you to speak with a medical spa attorney at Concierge Healthcare Attorneys, LLC promptly.

What You Can Expect from Concierge Healthcare Attorneys, LLC

As a medical spa owner or executive, making an informed decision about your business’s legal representation is essential. Here is what you can expect if you choose to work with the team at Concierge Healthcare Attorneys, LLC:

Insights Based on Decades of Experience

Led by founding attorney Barney Cohen, our team provides deep legal insights based on decades of experience representing medical spas and other healthcare providers across the United States.

24/7 Accessibility

As a client of Concierge Healthcare Attorneys, LLC, you will have access to your legal team around the clock. Your medical spa attorney will be here for you when you need us.

Up-to-Date File Management Technology

We use up-to-date file management technology to ensure our clients have easy access to their policies, procedures, and other documents in a completely secure environment.

Custom-Tailored Representation and Advice

Since no two medical spas are identical, custom-tailored legal services are essential. We develop and deliver solutions specifically to our clients’ unique needs.

A Proactive Approach to Protecting Your Medical Spa

While we are more than ready to serve as defense counsel when necessary, we proactively protect our medical spa clients without unnecessary costs or complications.

Schedule a Free Consultation with a Medical Spa Attorney Today

We invite you to contact us if you want to know more about our medical spa practice. Once you do, we will arrange for you to speak with one of our attorneys in confidence as soon as possible. To schedule a free consultation with a medical spa attorney at Concierge Healthcare Attorneys, LLC, please call 312-804-1739 or request an appointment online today.