By Doris Dike, Attorney A Texas medical practice merger usually takes one of three forms: an asset purchase, an equity purchase, or a statutory merger of the two entities. Whichever you choose, the combined practice must stay physician-owned, every payer and Medicare enrollment must be updated, and physician pay after closing must be fair market...
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By Doris Dike, Attorney A business associate agreement is the HIPAA contract a practice must sign before a vendor can create, receive, keep or send patient information on its behalf. It limits how the vendor may use that information, requires safeguards and breach reporting, and binds the vendor's subcontractors. Without one, the practice is out...
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By Doris Dike, Attorney Healthcare audit defense starts with knowing who sent the letter. A RAC or MAC review is usually about billing accuracy, while a UPIC or Qlarant request can be the first step of a fraud inquiry. Read the deadline, preserve every record, and do not send documents until counsel has reviewed what...
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Medical Practice Law | Uncategorized
A nurse practitioner can own the business side of a Texas med spa, but not the medical practice that delivers treatment. Texas keeps ownership of medical practices with physicians, and an NP still needs a physician relationship for prescriptive authority and delegated medical acts, whatever the ownership structure looks like. Ownership and Authority Are Separate...
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They are not competing options. The MSO is the management company that provides business services. The friendly-PC, also called a captive PC, is the physician-owned professional entity that holds the medicine. In a Texas structure both exist at once, joined by a management services agreement, and neither works alone. Why the Terms Get Confused Founders...
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Yes, but not as a single business. In Texas a non-physician can own and run everything except the medicine: the premises, equipment, staff who are not clinicians, brand, and systems. A physician-owned entity has to hold the clinical practice, and the two are joined by a management services agreement at a fair market value fee....
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Selling medical devices in Texas means clearing two layers. Federally, the device needs the right classification and clearance, and your firm may owe establishment registration, listing, labeling, and complaint reporting duties. In Texas, device manufacturers and distributors are licensed by the state health department, and prescription devices may only go to authorized buyers. Step One:...
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A Texas home health agency operates under a home and community support services agency license issued by the state health and human services commission. You form the entity, choose the license categories, appoint a qualified administrator and alternate, adopt written policies, pay the fees, and pass a survey before serving patients. The Licence You Actually...
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A Texas hormone therapy clinic needs a physician-owned clinical entity, prescribers registered to handle controlled substances, documented evaluation and laboratory testing before treatment, standing orders for injections and pellet insertions, and a monitoring protocol. Non-physician owners hold the business through a separate management company. What Makes TRT Different From Other Wellness Verticals Testosterone is a...
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Sometimes, and the answer moves. Compounding a copy of an FDA-approved drug is generally not permitted while that drug is commercially available, with narrow exceptions for a documented patient-specific clinical need. Whether compounded semaglutide is lawful today depends on the drug's current shortage status and your pharmacy's license. Why This Question Does Not Have a...
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A Texas weight-loss clinic that prescribes GLP-1 medication is practicing medicine. You need a physician-owned clinical entity, a licensed prescriber, a documented patient evaluation before any prescription, standing orders for injections, a lawful drug source, and, if you are not a physician, a management company that owns the business side only. Start From the Right...
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Usually yes. A med spa that provides medical treatment and transmits health information electronically for billing or claims is a HIPAA covered entity. Even a cash-only med spa is caught by Texas medical privacy law, which defines covered entity more broadly than HIPAA does and adds its own training duties. Two Sets of Rules, Not...
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