Retail Clinics in Healthcare: Corporate Practice of Medicine, Licensure, Scope of Practice Compliance
Navigating Relationships With Physicians, Hospitals, Pharmacies, and Payers

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Tuesday, March 21, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide information on retail clinics including a discussion of the key healthcare regulatory and business issues involved with establishing, operating, or working at a retail clinic. This will include not only the formation, operation, and regulation of retail clinics, but also the increased use of digital health technology in the delivery of services.
Faculty

Dr. Dacso works with healthcare organizations, hospitals, and physicians on healthcare compliance, regulations, and transactions, including physician practice formation, mergers, acquisitions, and business ventures as well as digital health and telemedicine. A Texas Board Certified Health Care Lawyer with more than three decades of experience, her practice includes the representation of nonprofit organizations such as federally qualified health centers, certified nonprofit health corporations, medical education foundations, and research organizations. She often advises on employer or retail-based clinics, joint ventures involving exempt and nonexempt organizations and addresses issues associated with governance and regulatory compliance. Dr. Dacso has written several textbooks and articles on a broad range of healthcare topics ranging from managed care to virtual practice arrangements among physician practices and previously served on the editorial board of E-Health, Law and Policy, and has been a regular contributing author of a chapter in the BNA publication of E-Health, Privacy and Security Law (multiple editions).

Ms. Suchyta represents clients in the healthcare industry, focusing her practice on the strategic, regulatory and operational needs of health systems, hospitals, academic medical centers, Federally Qualified Health Centers, telehealth providers, and digital start-ups. Her experience as in-house counsel for a large health center provides clients a unique perspective to navigate complex health care matters. Ms. Suchyta provides strategic and regulatory guidance on the 340B Drug Discount Program, including contract pharmacy arrangements, as well as limited distribution network and other specialty pharmacy models. She has represented specialty pharmacies; health care systems; disproportionate share hospitals; federal grantees; and other 340B-covered entities. Ms. Suchyta also advises digital and medical technology companies and providers on privacy and security matters. The increased use of Software as a Medical Device and artificial intelligence in medical technology presents unique cybersecurity issues as the FDA and FTC continue to implement regulatory requirements. Ms. Suchyta provides strategic advice to her medical technology clients on cybersecurity, privacy, and data protection issues.

Mr. Yood represents a wide range of healthcare providers and healthcare companies, including specialty and general acute hospitals (including local district, nonprofit and for-profit facilities), home health agencies, clinical laboratories and other diagnostic providers, specialty pharmacy and infusion centers, pharmaceutical vendors, nursing facilities, and health information and management providers. In addition, Mr. Yood has experience in Medicare and Medicaid reimbursement and certification, state licensing, corporate practice of medicine, telehealth, and other state and federal regulatory compliance matters. He counsels clients on physician referral law limitations, state and federal fraud and abuse issues, fee-splitting, and state and federal false claims and program fraud matters. He represents and advises clients in the development, formation and operation of healthcare integration structures, including multi-provider joint ventures, affiliations, joint contracting arrangements, and other ownership and contractual business structures, all in compliance with applicable state and federal laws.
Description
Retail clinics have become a common feature at most “big box” stores with clinics located within retail outlets such as Target (MinuteClinic), Walmart (Care Clinics), CVS Health (MinuteClinic), and Kroger (The Little Clinic). Pharmacies were early adopters of onsite clinics and during COVID, the role of these clinics became an important part of the COVID response; enabling hospitals to attend to more critically ill patients. Where physicians and hospitals once widely regarded retail clinics as a threat to their business and risky for patients, the market has shifted with retail clinics adding to the pantheon of participating providers of healthcare services.
With the increased need for healthcare access, retail clinics have found their niche in the delivery system and offer a convenient alternative for not only patients, but also for hospitals, physician groups, retailers, insurers, local pharmacies, and private investors. However, as with any healthcare service, there must be due consideration of the legal and regulatory landscape.
Listen as our authoritative panel of healthcare attorneys examines the expanding role of retail clinics and the issues raised by their emerging relationships with pharmacies, physicians, hospitals, health systems, and payers in a post-pandemic healthcare system.
Outline
- Introduction to the retail clinic industry
- Key legal considerations
- Corporate practice of medicine
- Scope of practice
- Regulatory and licensing requirements
- Emerging trends and issues related to retail clinics and their business relationships
- Reimbursement issues
- The future of retail medicine in a digital world
Benefits
The panel will review these and other key issues:
- What key legal considerations healthcare counsel should consider when clients are contemplating developing or acquiring a retail clinic? What are the operating challenges?
- What are the limitations on ownership and operation of retail clinics under states with corporate practice of medicine restrictions?
- How do factors like the scope of practice, licensing requirements, credentialing, and reimbursement affect a retail clinic?
- What is the role of the nonphysician practitioner at a retail clinic?
- What are the legal and regulatory issues associated with staffing a retail clinic?
- What are the legal and regulatory issues associated with the leasing and operation of a retail clinic in a public retail establishment? What factors should healthcare counsel take into account when leasing retail space for a clinic?
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