The Food and Drug Administration (FDA) is a consumer protection agency that ensures the safety and efficacy of certain products in the US, such as medical devices, drugs, and prescriptions, tobacco products, cosmetics, food, including animal food, and electronic products that emit radiation. Canada’s equivalent is Health Canada (HC) and focuses on helping Canadians maintain …
Risk-Based Contracting: How does taking on risk contribute to value-based care?
As healthcare laws are ever-evolving, the latest shift in the industry centers around value-based care. In fact, value-based care has recently become exceedingly popular, because it seeks to streamline healthcare while also cutting costs. It is both patient- and practice-centric. To achieve lawful value-based care, at least two value-based enterprises must enter into a value-based …
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Healthcare Representations and Warranties in the M&A Transaction
Healthcare industry mergers and acquisitions can take on many shapes and sizes dictated by various regulatory and business law issues, but common to all such transactions is the Target’s obligation to make healthcare representations and warranties to the Acquiror. Representations and warranties (R&Ws) in general are heavily negotiated aspects of the parties’ agreement, and their …
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Loaded Questions: Are Noncompetition and Nonsolicitation Clauses Really Enforceable in Michigan?
As an employment lawyer, there are a number of questions I frequently hear from clients and colleagues. One of the most common ones is, “I thought noncompetes weren’t really enforceable. Is that true?” This question takes many forms. For example: Employer Client: “I don’t want to prevent someone from working, so I just have my …
A Call for Rational Immigration Reforms to Address Critical Healthcare Shortages
We owe a tremendous debt to the healthcare worker battalion, who fought, and continues to fight, to save lives globally during this pandemic. It is important to consider that while the COVID-19 pandemic has underscored the severe healthcare worker shortages globally, we are now facing an increasing percentage of burnout departures in the industry. For …
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IRS ATTACK ON THE “ZERO OUT” IN RECENT TAX COURT CASES
Taxpayer losses in two recent Tax Court cases serve as reminders that physician and other incorporated medical practice groups should take care in the “zero out” approach to the payment of compensation to the group’s owners and that success in this area may depend on whether the practice is organized as a “C” corporation or …
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Medical Spas: Common Legal Pitfalls to Avoid
Minimally invasive cosmetic medical services are on the rise and in high demand. With their recent popularity, many licensed cosmetologists and estheticians are looking to offer these cosmetic medical services to their existing customers. Midlevel medical providers, such as registered nurses, advanced practice nurses, or physician assistants often desire to leverage their medical experience to …
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Healthcare Attorney Spotlight: Ralph Levy
Ralph Levy is Of Counsel in the Health Care practice at Dickinson Wright, assisting and advising entrepreneurs and owners of closely-held businesses in operationalizing their business plans, including the estate planning, business succession and tax planning issues thereof. He has over 40 years of experience in counseling clients in the Health Care arena both in …
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Healthcare Attorney Spotlight: Erica Erman
Erica Erman is an attorney at Dickinson Wright PLLC, practicing health care law with a particular interest in behavioral health care and interactions between municipal law and health care law. Her work includes handling administrative hearings, counseling clients with issues related to HIPAA compliance, Stark and AKS, state licensing, contract drafting, and health care business …
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Blessings in Disguise: Hidden Opportunities in Healthcare Bankruptcies
Perhaps one thing we can agree on in discussing the healthcare industry: it is in a state of distress stemming from the challenges created by an ever-increasing regulatory burden, changes in reimbursement rates, uncertainty with the Affordable Care Act, mounting tort and employment litigation. The recent rampant growth of urgent care centers and retail clinics …
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