IV hydration therapy providers are increasingly expanding their menu of services to include aesthetic services such as Botox, injectables and other aesthetic and/or dermatologic skincare services. The growing trend of embracing aesthetic treatments not only enhances the comprehensive care offerings available under one roof but is also useful in attracting a broader clientele and unlocking new revenue streams for an IV hydration therapy business. Today’s wellness landscape is more competitive than ever and staying ahead means differentiating through not only customer service, clinical quality but also with in-demand service offerings. Adding aesthetics can keep a practice competitive and attracts new patients who seek convenience and comprehensive care.

First Five Steps:

1. Ensuring that a practice has appropriately licensed and trained Clinicians who are allowed via their scope to perform the aesthetic services it plans to offer is key. Though regulations vary from state to state it is typically a licensed APRN or PA;
2. Structuring the appropriate supervisory relationship ensures that each APRN/PA is appropriately supervised by a licensed and qualified physician, and that the supervisory relationship is properly documented in accordance with the state’s laws and regulations – which most typically consists of offsite supervision with a written agreement and protocols between them;
3. Applying for a Health Care Clinic Establishment Permit (HCCE) permit (not to be confused with a health care clinic license from AHCA) enables a provider to order aesthetic treatment supplies from vendors; The purpose of the HCCE permit is to allow the business to purchase prescription drugs in the name of the business for use by the practitioners of the business instead of having each practitioner within the business purchase the prescription drugs under his/her individual license for use on his/her individual patients.
4. Patient Intake Documents – It’s crucial you incorporate service specific informed consents covering each aesthetic service you will offer; Each informed consent should disclose detailed information regarding the healthcare treatment or procedure, including its potential risks and benefits and alternative treatment options. These documents should be written in clear, understandable language that the patient can comprehend, should be signed voluntarily by the patient and should be documented into each patient’s medical record prior to treatment.
5. Checking with your insurance carrier prior to offering an enhanced line of services will not only ensure your insurance coverage is up to date, but also that it covers the scope of the aesthetic services you will offer, whether as an “endorsement” or “rider”. An endorsement is a modification or addition to an existing insurance policy that changes the terms or scope of coverage, for example to include additional procedures, specialties, or types of claims that are not typically covered under the base policy. Similarly, a rider is a provision added to an insurance policy to provide additional coverage for specific risks or situations. In the context of medical malpractice insurance, a rider might be used to extend coverage for certain procedures, locations, or activities that are not covered by the standard policy. Both endorsements and riders allow policyholders to customize their insurance coverage to better suit their needs and mitigate risks specific to their practice or circumstances.

Please contact us at Florida Healthcare Law Firm to discuss in more detail the growth of your IV hydration business today and how your business can stay ahead of the curve and address each of these compliance measures proactively. 

In today’s competitive healthcare landscape, staying ahead by expanding to include wellness and elective offerings is growing increasingly popular.  Adding aesthetics to a medical practice platform keeps the practice relevant to patients, and competitive in the marketplace and may even attract new patients who seek convenience and comprehensive care.

Five Key Concepts to Consider:

1. Scope of Practice. Owners will want to ensure that the medical practice has the appropriately licensed and trained Clinicians to perform the aesthetic services the practice will offer. In Florida, this consists of ensuring that each midlevel provider (APRN, PA) has a supervising physician and that the documentation in place between each of those clinicians adequately complies with Florida’s scope of practice requirements as indicated by the various professional boards;
2. Physician Collaboration. Each Clinician must be appropriately supervised by a licensed and qualified physician, and the supervisory relationship must be properly documented in accordance with Florida’s laws and regulations. Depending upon the nature of the practice, and the comprehensive menu of services being offered, there might be additional qualifications of the collaborating physician, such as requisite board certification(s);
3. Biomedical Waste Program. Medical practices need to be appropriately registered as a Biomedical Waste Provider with the Florida Department of Health. This entails submitting an application to the state, and scheduling an inspection where the state will ensure you have contracted with one of its approved biomedical waste transporter servicers, and that you have development a completed operating plan;
4. Patient Intake Documents. Service specific informed consents covering each aesthetic service offering must be incorporated before any patient is ever touched. Each informed consent should disclose detailed information regarding the healthcare treatment or procedure, including its potential risks and benefits and alternative treatment options. These documents should be written in clear, understandable language that the patient can comprehend, should be signed voluntarily by the patient and should be documented into each patient’s medical record prior to treatment; and
5. Insurance. Check in on the medical malpractice insurance coverage to ensure it is up to date, and that it covers the scope of the aesthetic services aesthetic services you will offer, whether as an “endorsement” or “rider”. An endorsement is a modification or addition to an existing insurance policy that changes the terms or scope of coverage, for example to include additional procedures, specialties, or types of claims that are not typically covered under the base policy. Similarly, a rider is a provision added to an insurance policy to provide additional coverage for specific risks or situations. In the context of medical malpractice insurance, a rider might be used to extend coverage for certain procedures, locations, or activities that are not covered by the standard policy. Both endorsements and riders allow policyholders to customize their insurance coverage to better suit their needs and mitigate risks specific to their practice or circumstances.

Embracing aesthetic treatments can not only enhance a medical practice by incorporating medical and aesthetic treatments under one roof, but it can also attract a broader clientele and open new revenue streams for the business. It may be time to embrace change!

In Florida, when a practitioner provides specialty health care services, such as dermatologic or aesthetic and cosmetic skin services, that practitioner must be supervised by, or collaborate with a Florida licensed physician who is board certified in either dermatology or plastic surgery. Furthermore, that practitioner’s supervising physician may only one office, in addition to the physicians primary practice location and the office in which the physician supervises must be within 25 miles of the physician’s primary place of practice or in a county that is contiguous to the county of the physician’s primary place of practice. However, the distance between any of the offices may not exceed 75 miles. The office being supervised must also A physician who supervises an office in addition to the physician’s primary practice location must conspicuously post in each of the physician’s offices a current schedule of the regular hours when the physician is present in that office and the hours when the office is open while the physician is not present. Whether you are a supervising physician or are a midlevel provider who collaborates with a physician to operate your medspa, it’s important to ensure that this relationship is compliant to avoid any unwanted regulatory scrutiny. 

Let’s dive into why Direct Primary Care (DPC) models are an absolute game-changer for those in the healthcare field, regardless of whether you are a physician provider (MD or DO), or midlevel provider (APRN or PA). If you’re tired of battling with insurance companies, offering services under a DPC model might just be the solution you’ve been searching for. So, what’s the deal with DPC from a provider’s perspective? Instead of being bogged down by insurance bureaucracy and constant paperwork, you can focus on what you do best: caring for your patients. But it’s not just about the increased quality of patient care —you also can’t ignore the financial benefits of direct primary care. By cutting out the third-party middleman insurers, you can offer your services at a fraction of the cost of traditional practices, and get paid more, faster. This not only makes healthcare more accessible to your patients but also allows you to focus on what matters most: improving health outcomes and operating a successful business that thrives based upon a combination of these concepts. So, if you’re ready to take your practice to the next level and revolutionize the way healthcare is delivered, DPC might just be the answer. 

In a momentous move, the Federal Trade Commission (FTC) has enacted a nationwide prohibition on non-compete agreements, signaling a profound change in labor policy within the United States. This unprecedented decision carries extensive implications for both employers and employees within the healthcare sector, necessitating crucial reconsiderations given a fresh regulatory framework that oversees the non-compete limitations generally present in employment relationships. 

Ideally, a practice sale or acquisition is smooth, easy, and without lingering issues. Unfortunately, that is rarely the case. It’s not unreasonable to think, anything that can go wrong, will go wrong (at some point). The best way to protect against these lingering issues is to ensure, as a seller, you’re as open and honest as possible, while as a buyer, you’re as thorough as possible and you have a purchase agreement that protects against these lingering or uncovered issues. Some examples include:

• A post-closing trademark dispute over the name of the practice which was not disclosed;
• Equipment that isn’t working (maybe it was propped up for a walk through, but then broke down);
• Employees getting raises right before closing;
• Solicitation or competition after closing;
• Finding discrepancies in billing practices;
• Employee disputes

Do your due diligence, like your life depends on it when you’re a buyer. And when you’re selling, it’s better to lay it all out then risk a lawsuit or claw-back after Closing.

Prepared by: Carlos Arce, Esq.

Florida Healthcare Law Firm

If you seek to receive reimbursement by insurance payors in Florida, either through federal programs (Medicare, Medicaid, and Tricare), or commercial insurance (including Personal Injury Protection and Bodily Injury), you will either need a Health Care Clinic License or qualify as exempt under one of the exemptions. The process of getting a Health Care Clinic License is tedious but not impossible if you meet the requirements.

Initial Application

The initial application stage requires multiple forms to be completed by the person or entity attempting to apply for the license. You must also complete a proof of financial ability to operate form that must be completed by a licensed certified public accountant. Moreover, you and any other individual who plans on sharing in the ownership of the entity seeking licensure must be able to pass a level 2 background check. Last, each application requires a $2,000 license fee at the start. The initial stage is typically filled with confusion if you’ve never submitted this application to the Agency for Health Care Administration (AHCA) and had it approved.

Omission Letter

Every application submitted to the AHCA receives an omission letter as a response to the application. This is AHCA’s way of alerting you that they have reviewed your application, and they will point out issues they see with your application. If you fail to complete and respond to this omission letter within 21 days, you forfeit your application and will lose your initial $2,000 license fee.

Survey

Health Care Clinic License is based per location where you plan to operate the health care clinic. Therefore, each location where the services are to be rendered must be inspected by the AHCA’s auditing team. The survey requires that you have all the required posting at the clinic as well as the documentation that the state requires you to have on file surrounding your licensure, and your medical director’s inspection requirements. If you pass the inspection, you will be verbally alerted, and you should receive the license between 2-4 weeks following the survey.

Additional Steps

If you plan on billing personal injury protection benefits, you will require an accreditation by one of the four accrediting agencies in Florida. This will allow you to bill personal injury protection benefits right away. Florida law states that you must wait 3 years prior to billing personal injury protection benefits to a carrier unless you meet the accrediting agency requirement or one of the other exceptions under Florida law.

Attorney Carlos H. Arce works with the Florida Healthcare Law Firm in Delray Beach, FL. He has deep experience with health law, business law, and mergers & acquisitions. Carlos has handled multi-million-dollar healthcare transactions and has served as out-of-house counsel to various small to large healthcare entities. He can be reached via email at [email protected] or by calling 561-455-7700.