HEALTH CARE STARTUPS with Julie Nelson, Esq

Key Health Care Laws (Overview)

In this podcast, host Julie Nelson provides an overview of some of the key laws that those directly or indirectly involved in health care business models need to know.  These laws include, for example, the Anti-Kickback Statute, Stark law, False Claims Statute, and HIPAA.  Not all of these laws apply to every health care business model and future podcasts will discuss the application of these laws and their various exceptions, in more detail.

Health Care Regulatory and Enforcement Agencies

In this podcast, Julie Nelson provides an overview of various government regulatory and enforcement agencies that have oversight over the health care industry.   Resources:   Centers for Medicare and Medicaid Services:  https://www.cms.gov/ [https://www.cms.gov/] Department of Labor (DOL): https://www.dol.gov/ [https://www.dol.gov/] Office of Inspector General: https://www.oig.hhs.gov/ [https://www.oig.hhs.gov/] Health Resources and Services Administration (HRSA): https://www.hrsa.gov/ [https://www.hrsa.gov/] Internal Revenue Service (IRS): https://www.irs.gov/ [https://www.irs.gov/] Occupational Safety and Health Administration (OSHA): https://www.osha.gov/ [https://www.osha.gov/] Office of Civil Rights (OCR): https://www.hhs.gov/ocr/index.html [https://www.hhs.gov/ocr/index.html] Food and Drug Administration (FDA): https://www.fda.gov/home [https://www.fda.gov/home] Federal Trade Commission (FTC): https://www.ftc.gov/ [https://www.ftc.gov/] State Department of Health: https://healthfinder.gov/FindServices/SearchContext.aspx?topic=820&show=1 [https://healthfinder.gov/FindServices/SearchContext.aspx?topic=820&show=1]

Business Formation

When starting a health care business, it is important to determine the best possible business structure, from both a legal and financial perspective.  While some of the business formation decisions are the same regardless of whether your business is in the health care industry, there are some special considerations for health care business models.  For example, federal and state law prohibit certain individuals from investing in, controlling, or managing health care businesses that will directly or indirectly receive federal and state health care program funds, and many states prohibit ownership of health care providers by individuals who are not licensed health care professionals (Corporate Practice of Medicine).  In this podcast, Julie Nelson discusses some of these considerations, which will help you create the best possible foundation for your new health care business.