Aesthetic Medicine

Aesthetic MedicineNelson Hardiman represents physicians who specialize in aesthetic medicine and is known for its depth of experience in accomplishing the goals of its aesthetic medicine providers and medical spa clients.

Medical providers face a variety of challenges in the aesthetic medicine space. Whether providing laser hair removal or botox injections, providers offering aesthetic medical procedures and emerging therapies across a variety of practices and organizations must comply with the same regulatory landscape that governs traditional medical practices. Aesthetic medicine providers should be particularly mindful of corporate structures that could violate California’s corporate practice of medicine, anti-kickback and self-referral prohibitions. In addition, the Medical Board of California has focused its attention on scope of practice concerns, with special attention to the unlicensed practice of medicine as well as health professionals exceeding their scope of practice.  In particular, the Medical Board of California and the Board of Barbering and Cosmetology of California have expanded enforcement efforts and performed unannounced audits on medical spas operating in California. These ramped up enforcement measures focusing on illegal ownership structures highlight the need for providers of aesthetic services to review their corporate and operational structures to ensure compliance with California’s regulatory environment.

Nelson Hardiman is particularly poised to represent aesthetic medicine providers in connection with these various business and high stakes litigation matters. Our attorneys have deep experience setting up compliant business relationships that ensure greater separation between medical and aesthetic personnel and operations. Our attorneys have been called upon to handle the most sensitive of challenges, including compliance programs in connection with government investigations as well as defending providers against Medical Board accusations. Whatever the challenge, Nelson Hardiman has the both the experience and resources to resolve the problems facing our aesthetic medicine provider clients.
Our work for physicians who specialize in aesthetic medicine extends across a wide array of business, regulatory, and strategic challenges, including:

  • Business Transactions
    • Formation of professional corporations
    • Formation of management companies
  • Regulatory Defense
    • Medical Board investigations
    • DEA audits and investigations
    • Reimbursement audits and investigations by private and government payors
  • Compliance
    • Corporate practice of medicine
    • Credentialing
    • Informed consent and patient agreements
    • Stark and Anti-Kickback Statute Compliance
    • Medicare and Medi-Cal compliance
    • HIPAA and state patient data privacy and security requirements
    • Audit risk assessment
  • Litigation
    • Licensure defense and appeals
    • DEA license appeals
    • Medicare and Medi-Cal appeals
    • Payor and reimbursement disputes
    • Overpayment appeals
    • False Claims Act / Qui tam whistle-blower litigation defense
    • Business and employment litigation
    • Medicare and Medi-Cal exclusions and suspensions