Legal & Structure

Regulators have started publishing lists of what a management company may not control. Read your agreement against those lists, clause by clause. Twelve clauses, and the rule behind each.

A percentage management fee is barred in some states and allowed in others. A flat fee is not automatically safe. And the challenge often comes from inside the deal.

Nobody will approve your management fee in advance. The federal regulator is barred by statute from doing it. What protects the number is the file behind it, and the file has six parts.

The statutes let you fix who gets the shares, when, and at what price. They void any vote you hand to an outsider. One state now lists the only events that may trigger a transfer.

Operators use the three titles interchangeably. Statutes do not. The title on the contract decides what the physician must do, how often, and what happens when they stop.

New York bans it outright. California allows a percentage only where it matches real services. Florida makes the referral version a felony. The industry’s favorite pay structure is its most exposed.

The federal statutes mostly stop at the federal-program line. Florida, Texas and California do not, EKRA reaches labs on any payer, and the Travel Act turns a state bribery offense into a federal one.

Wyoming wants shareholders licensed by Wyoming. West Virginia renews the entity’s right to exist every two years. Alaska wants the board to certify every shareholder. One PC does not travel.

Insulin is a peptide. So is the vial that arrived from an overseas seller marked not for human consumption. The statutes that separate them.

Vendors say the courts forced the FDA to back down. The case they mean settled without a ruling. Here is what US courts have actually done.

Allstate v. Northfield Medical Center went to the New Jersey Supreme Court in 2017 and produced a four million dollar judgment. The uncomfortable part is who else was held liable.

You may never open in Oregon. Read it anyway: Oregon has written down what regulators elsewhere have been circling for a decade, and the drafting is going to be copied.