Dental and Medical Counsel Blog

Are you thinking about starting a medical spa from scratch? Regardless of whether you are considering purchasing a medical spa or starting your own, owning a medical spa can be exciting. This is an opportunity for you to make patients happy, decide what services you offer, and become a staple of the local community. 

At the same time, there are a lot of hurdles and obstacles that come with medical spa ownership. That is why you need to work with a healthcare lawyer who can help you make sure your business is put in the best position possible to be successful. What do you need to know about the medical spa business model, and how can a healthcare attorney help you? 

Think About Your Corporate Formation 

When you open a medical spa, one of the first decisions you need to make is what type of business entity will be best for you. Before making this decision, you need to work with a healthcare lawyer who can review the options. 

For example, you may decide that you want to form a professional service corporation, usually shortened to PC. Or, you may decide that you want to become a limited liability partnership, usually shortened to LLP. You might even want to become a limited liability company, usually shortened to LLC. 

The right decision for one medical spa might not be the right decision for yours, so you need to have competent legal counsel that can help you decide which option is best for your needs in the State that you want to do business in. Once you decide which option is right for you, you need to start the formation process. You need to obtain a tax identification number and have the necessary governing agreements drafted. This is a tremendous amount of paperwork that you may not have the training or experience to handle on your own, which is why a healthcare lawyer should assist you. 

Consider the Staff You Want To Hire 

You will not be able to do everything on your own, so you need to have trustworthy, reliable, and competent staff members who can help you. A few examples of staff that you may need to hire for your medical spa include: 

• Clerical staff, such as receptionists and billers, who can handle the necessary paperwork for you 
• Medical assistants, such as nurse’s assistants, nurses, and possible physician assistants or nurse practitioners who may be able to help you 
• Possible partners, such as other physicians who may offer services that complement yours 

You must draft employment agreements for everyone involved, including potential independent contractors. Do not forget that you need to think about obtaining workers' compensation insurance, health insurance, disability insurance, unemployment insurance, and medical malpractice insurance. 

There are a lot of issues you need to handle related to your personnel and staff, but you should not overlook any of these steps. This is another area where a healthcare lawyer can help you. 

Have the Right Medical Spa Financing Plan in Place 

Regardless of whether you decide to purchase a medical spa or start your own medical spa, you need to have the right financing in place. This means that you will probably have to take out a loan for a small business, and you need to consider all of the options available. 

Some of the factors you should consider when you take out a loan for your medical spa include: 

• How much money do you think you will need to cover all of your expenses? 
• What can you do to secure a favorable interest rate on your loan? 
• How long do you want the repayment plan to be? 
• Are you able to secure multiple loan offers that you can leverage off of one another? 
• Is there a penalty if you decide that you want to pay the loan back early? 

• Do you have anything you can use as collateral to help you secure better terms? 

You need to have a healthcare attorney review the contract stated in your medical loan before you sign on the dotted line. That way, you understand exactly what you are signing up for and can protect your rights accordingly. 

Decide How You Will Use the Loan 

Once you have financing in place, you need to figure out how you will use it. If you are building a medical spa from the ground up, you will have a lot of important decisions to make. Some of the most important factors include: 

• Location: You need to find the right office space. You should consider the square footage of the building, competition in the area, space for parking, the overall price per square foot, and where your local referrals will come from. 

• Equipment: You need to purchase the necessary equipment as well. Some products you may decide to purchase, while other equipment you may need to rent. If you need help deciding what to rent versus what you should buy, work with a healthcare attorney who can help you. 
• Technology: You will need to have the right technology in place as well. Your IT infrastructure will be critical to your success. You will probably have to invest in an electronic medical records system as well to ensure you can get reimbursed accordingly. 

Think about these factors ahead of time to make sure you have a transparent budget. 

Consider Medical Spa Regulations and Compliance With a Lawyer 

You are probably aware that there are a lot of rules and regulations in the medical field that you will have to follow, particularly if you are launching a medical spa. You will be expected to comply with all HIPAA and anti-kickback regulations, and you need to make sure that you comply with recent initiatives that have been put in place by Medicare, Medicaid, and numerous other third-party payors if you want your medical spa to be successful. 

Ideally, you should do everything in your power to reduce the chances of being audited or investigated down the road, as this can take a significant toll on your business. That is why you need to have a strong compliance plan in place. 

Your compliance plan has to outlaw various procedures and standards that your practice will comply with to ensure nothing is overlooked. You need to have strong human resources policies in place as well as safeguards that can reduce the chances of inappropriate billing. 

This is a complicated task that requires consultation with appropriate legal professionals, and that is where our team can help you. 

Work With Dental & Medical Counsel for Help Starting Your Medical Spa 

If you decide to open a medical spa, you will have a lot of important issues that you need to address, and you will not be able to handle everything on your own. We are Dental & Medical Counsel, and we want to put your medical spa in the best position possible to be successful, and that means reducing the chances of facing legal liability down the road. 

Regardless of the stage of the business formation process you are at, our experts are here to help you. Give us a call today to speak to our team, and let us help you start your medical spa. 

Frequently Asked Questions

Q: How can I protect my intellectual property in my medical spa?

A: To protect your intellectual property, it's important to register your trademarks and patents, maintain confidentiality agreements with employees and contractors, and take steps to prevent infringement by competitors.

Q: What should I do if I receive a complaint or lawsuit?

A: If you receive a complaint or lawsuit, it's important to seek legal advice immediately, to cooperate with any investigations or proceedings, and to take steps to protect your business and reputation.

Q: What can I do to ensure that my medical spa is legally compliant?

A: To ensure that your medical spa is legally compliant, it's important to stay up-to-date with all applicable laws and regulations, to seek legal advice as needed, and to maintain accurate and complete records of all business activities.

Q: Why do I need a lawyer for my medical spa? A medical spa lawyer can help you navigate the complex legal landscape of the medical spa industry, ensure that your business is compliant with all applicable laws and regulations, and protect you from potential legal liabilities.

A: What types of legal issues can arise in a medical spa? Legal issues that can arise in a medical spa include licensing and regulatory compliance, malpractice claims, employment disputes, contract disputes, and liability for the actions of independent contractors.

At Dental & Medical Counsel, PC, we understand navigating the legal process can be tricky. We believe every doctor deserves the best advice and service so doctors can do what they do best, treat their patients. We make their lives easier by providing expert guidance, so they can focus on their personal and professional aspirations.

About Ali Oromchian, Esq.

Ali Oromchian, JD, LL.M. is the founding attorney of the Dental & Medical Counsel, PC law firm and is renowned for his expertise in legal matters

In addition to practicing law for almost 20 years, Ali is also a renowned speaker, throughout North America, on topics such as practice transitions, employment law, negotiation strategies, estate planning, and more! Ali has helped hundreds of optometrists realize their professional goals and looks forward to aiding you in navigating the legal landscape.