Introduction: Unpacking a Landmark Lawsuit

In a recent legal development emanating from New Jersey, two physicians have embarked on a groundbreaking legal battle against the state and its medical board. Driven by constitutional claims, the lawsuit challenges telehealth regulations mandating out-of-state practitioners to hold a license to attend to patients within New Jersey. As the legal landscape surrounding telemedicine continues to evolve, this case brings to light significant questions regarding constitutional rights, interstate commerce, and patient access to specialized healthcare.

The Plaintiffs' Argument: Constitutional Infringement

The lawsuit, titled Shannon McDonald MD et. al. vs. Otto Sabando, is spearheaded by two physicians and two patients. At its core, the plaintiffs contest New Jersey's licensure restrictions on telehealth, asserting that these laws violate fundamental constitutional principles. They argue that such regulations impede upon their First Amendment...

Introduction

As a lawyer immersed in the dynamic landscape of patient care, I've encountered a rising trend that warrants our attention – patients recording visits without prior notice or without the knowledge of the physician at all. In this comprehensive blog post, I aim to delve into the legal intricacies and potential risks associated with patient recordings while sharing practical tips to effectively manage this evolving challenge.

Legal Landscape

In the course of my work, I've witnessed the growing prevalence of accidental recordings, highlighting potential risks, especially in states governed by two-party or all-party consent laws. Understanding and navigating this legal landscape is paramount for healthcare providers to ensure compliance and shield themselves from unintended legal consequences.

Patient Perspective

Empathy drives my exploration into the motivations behind patient recordings. Recognizing that patients often seek to capture and retain a wealth of...

Intro

Welcome to another new blog from Scott Rattigan, the founder of Functional Lawyer and co-founder of Origins Incubator...

Today, I want to challenge a prevailing belief in the world of functional medicine: the idea that success hinges on finding the perfect niche. Not everything you learn from marketers is accurate, and I'm here to share my insights on why you don't need a niche to thrive in functional medicine. Let's dive into it and discover how you can build a successful practice without pigeonholing yourself.

The Generalist Advantage

Just like starting college without a predetermined major, I believe in beginning your functional medicine journey as a generalist. The key is to be a good provider and help those seeking your expertise. Operating as a generalist initially allows you to explore various avenues within functional medicine and practice with a diverse clientele.  Why would you start off by pigeonholing yourself? Instead, consider marketing your expertise...

The Drug Enforcement Administration (DEA) announced a second extension of the temporary Covid-era exceptions to the Ryan Haight Act requirements for prescribing controlled substances. 

In the text of the new temporary rule, announced October 6, 2023, the DEA put forth the details of the new, second temporary rule that extends prescribing flexibilities first allowed under the public health emergency (PHE). This second extension gives practitioners and patients certainty on DEA telemedicine prescribing through at least the end of 2024. 

DEA Temporary Rule Timeline:

From April 2009 to March 2020, federal law required physicians and providers to have an in-person visit with a patient prior to prescribing any controlled substances for that patient.   

Under the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the Ryan Haight Act), in-person evaluation, conducted by the prescriber, is required before any controlled...

Does your website comply with the Americans with Disabilities Act (ADA)? Do you know what that means, and what it does take to comply with the ADA? Is it applicable to your small practice website? The answer to these questions and much more is in this video.

Places of Public Accommodation

Your website for your practice does need to be ADA compliant. In fact, the ADA was first put into law in 1990, which was well before the advent of the Internet. Over the years, it’s been updated and improved for the emerging world we have now, including websites. Recently, the Supreme Court interpreted websites as places of public accommodation under the ADA, which means you need to have it available for people who are visually impaired, sometimes physically impaired, but allow people who have other needs to be able to navigate your website.  So, how does that work? How can you do something  about your website? And why does it even matter beyond being a good person? 

Fines...

You’ve started your business and you have some money, and now it is time to take it out and pay yourself. There are some right ways to do it and some wrong ways to do it. This blog will talk about 4 ways to help make sure you do it the right way.  

Getting Paid

No matter how much passion you have for helping others, at some point, you need to get paid for your services. Some people have a tough time pricing themselves appropriately. They undervalue themselves, especially early on in the business. But nevertheless, eventually, you will start to make money and be able to take some home and pay yourself. 

We actually help a lot of people with that at Origins Incubator. Our mentorship program is fairly comprehensive. We cover a lot of the mindset stuff too, and not only do we help people create their offering for patients what they are going to deliver, but we also help them write that out, so that they feel confident in saying the price out loud because they...

You are ready to start up a business.  What comes first-- the limited liability company (LLC) or the trademark?  I get this question quite a bit, so we’ll answer that in this blog and video.  We’ll also be talking about the differences between the two and how you can secure the name of your business without getting into hot water legally: What is the benefit of trademarking? Should you even do it? Is it necessary? We’ll talk about that as well.  Also, we’ll discuss what it means to register a trademark and why sometimes you might not want to do it. 

Limited Liability Company (LLC)

LLC, for those who don’t know, is a limited liability company. It is one of many types of entities that you could create. It is the most popular these days because it does provide you with limited liability while usually offering pass-through taxation for the business owner as well.  (See my other video on this channel about S-Corp taxation...

When you are building online courses, you come to the eventual question: “Do I need a separate Limited Liability Company (LLC) for my online courses?” PDF tools and other softwares can guide you in creating your online courses; however, the legalities of an LLC can be tricky. I get this question surrounding online courses all the time inside our Functional Lawyer membership.  (I am pulling this one directly from there, and if you also want to directly share and ask your own questions with me, then go check it out at FuntionalLawyer.com/Membership.)

Why Build Online Courses?

There are many good reasons to build online courses or info-products for patients or for people all over the world.  Perhaps you are tired of telling people the same thing over and over again, or you might want to just leverage your time by creating an online course. Maybe you want to help people that you can’t otherwise see because you are unavailable for one reason or...

Inconceivable! You keep using the word ‘S-Corp,'  but I do not think that word means what you think it means. Fans of The Princess Bride will recognize the reference, but in this video, I’ll talk about S-Corps (S-Corporations): why you might be using that term incorrectly, what they are, and how they can help you save money. I’m Scott Rattigan, founder of Functional Lawyer. You’ll find us at OriginsIncubator.com as well. We help functional medicine doctors establish their business and legal foundations, solid and secure, so that they can focus on helping their patients in their states. 

Sometimes when I have a legal-health assessment with a provider (some of you who don’t know me can set up a consultation with me at FunctionalLawyer.com), one of the questions in the questionnaire is, “What kind of entity do you have if you have one?”  Often, I hear people say that they have a S-Corp. When I ask them, “Okay, well, does...