Legal 123s with ByrdAdatto

In this episode, ByrdAdatto partner Jay Reyero joins the podcast to share the story of a physician who built a thriving concierge medicine practice. When a chronically late and frequently canceling patient pushed the limits, the practice faced a critical question: Can you charge for no-shows without risking compliance? Tune in for legal and practical considerations behind implementing cancellation policies, from Medicare rules to best practices for communicating with patients and training staff. Learn how to address no-shows in a way that protects your practice’s time, revenue, and compliance.  Chapters00:00 Intro01:47 Banter  06:39 Story  15:55 Access+  16:34 Legal Takeaways  28:39 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Wellness and longevity services are growing rapidly, with peptides creating new regulatory challenges for clinics. In this episode, Sam Pondrom, ByrdAdatto’s newest partner, explains what practices need to know before offering peptides. Tune in to understand what peptides are, why they are increasingly popular, and how the FDA and state laws regulate their use. Get insights on compliance, sourcing, and risk management to help protect both patients and your practice.  Chapters 00:00 Intro00:48 Banter05:15 Guest background10:13 How are elective practices navigating longevity services?13:30 What are peptides?15:13 What are the federal considerations for peptides?22:20 What are the state considerations for peptides?27:11 Access+27:54 Legal Takeaways29:34 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Selling a medical practice is no longer a straightforward transaction, especially in today’s private equity–driven market. In this episode, we are joined by attorneys Jonathan Eskow and Greg Rutstein of Eskow Law Group to share what physicians can realistically expect when selling a practice today. Learn how private equity is affecting valuations, the risks of relying on few key individuals, and the continued role of non-compete agreements. Tune in for insights on navigating today’s M&A landscape while protecting the value of your practice.Chapters00:00 Intro01:10 Banter03:35 Guest backgrounds13:53 How has private equity changed medical practices? 17:33 Is private equity buzz driving unrealistic expectations among physicians?21:40 What do physicians need to know about non-competes?25:12 What are the top buyer concerns in medical practice acquisitions?27:02  Access+27:55 Legal Takeaways29:08 OutroLearn more about Eskow Law by visiting: www.eskowlawgroup.comWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Running a medical practice today means navigating complex operational, business, and legal challenges. In this season opener, hosts Brad and Michael share the story of a California physician who thought firing a toxic practice manager at his longevity clinic would be simple—until it was not. What began as a routine staffing decision quickly uncovered employees misclassified as independent contractors, blurred ownership language, and personal relationships complicating business operations. Learn the small missteps, like misclassifying employees or casually using the term “partner”, that can lead to serious legal and financial consequences, and what you can do to prevent them.  Chapters00:00 Intro01:47 Banter05:47 Story07:50 Access+18:29 Legal Takeaways30:03 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto Stay connected for the latest business and health care legal updates:Website FacebookInstagramLinkedIn

Purchasing a plastic surgery practice involves more than just finding the right opportunity. We are bringing back a fan favorite episode featuring Board Certified plastic surgeon Rachel Walker, MD, who shares her firsthand experience purchasing a practice. Tune in to learn what the process really looks like, from working with a business broker and securing financing to navigating health care regulations and deal structure—whether you are ready to buy or simply asking for a friend.  Chapters00:00 Intro00:33 Banter08:22 Guest background11:42 Why did you want to own a practice?13:11 What was the ownership process like?14:30 What has ownership taught you?19:09 Did you want to be an entreprenuer?20:46 Did work with advisors to set up your practice?22:10 What advice do you have for practice owners?Watch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Cybersecurity is essential for every practice that relies on technology. In this episode, guest Kaitlin Upchurch, Senior Vice President and Cyber & Tech Practice Leader at Lockton, addresses the cybersecurity questions practices are—and are not—thinking about. She explains why cybersecurity risks are often misunderstood, what makes health care a prime target, and why insurance alone is not enough. Tune in to understand your cyber exposure, the biggest threats facing practices today, and the first steps to strengthen your protection beyond buying a policy.  Chapters00:00 Intro00:47 Banter04:25 Guest background10:20 Tell us about Lockton.13:40 Do medical practices need cybersecurity?18:40 What are cybersecurity misconceptions?20:48 What are some cybersecurity threats?25:00 How can medical practices avoid cybersecurity issues?26:37 Access+27:16 Legal Takeaways28:45 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Texting patients is an effective tool for med spas, but compliance is key. In this episode, attorney Christine Reilly, who leads Manatt’s consumer protection, advertising, and competition practice, breaks down what med spas and health care practices need to understand before hitting “send.” She explains why opt-in consent is critical, the key differences between marketing and informational messages, and the hidden risks that can lead to costly violations. Tune in for strategies to protect your practice, stay compliant, and confidently use text messaging to engage with patients.  Chapters  00:00 Intro01:05 Banter04:06 Guest Background13:38 Can I Send Patients Marketing Texts?17:01 Are Other Types of Messaging Allowed?19:30 Do Patients Need To Opt In or Out of Marketing Texts?23:00 How Does the New Texas Bill Impact Patient Communications?  28:02 Access+28:58 Legal Takeaways30:01 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Many med spa owners hesitate to partner with a private equity–backed group because they fear losing control of their practice, but the reality is far more nuanced. In this episode, guest John Wheeler, CEO of Alpha Aesthetics Partners and co-founder of Esthetics Center, explains why partnering with a private equity–backed platform is not an exit, but a chance to access broader resources, structure, and support. Tune in to learn what changes come with joining a platform, including new performance expectations, operational structure, and support systems.  Chapters00:00 Intro00:39 Banter03:16 Guest Background11:03 What is Alpha Aesthetic Partners?14:35 Can a Private Equity-Backed Platform Help My Practice?22:07 How can I discuss benchmarks with my providers?25:13 Where is aesthetic practice consolidation headed in the next five years?27:07 Access+27:41 Legal Takeaways29:20 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates: WebsiteFacebookInstagramLinkedIn

AI is changing the way medical aesthetic practices operate, but many providers are unsure about how to adopt it. In this episode, Randy Torban, Vice President of Patient Acquisition at Entity Med, explains how AI can enhance patient engagement, streamline workflows, and improve lead capture without replacing the human element.Tune in to learn practical strategies for leveraging AI tools, protecting patient privacy, and building strong processes to stay ahead in a rapidly evolving industry. Chapters 00:00 Intro01:00 Banter06:52 Guest background12:00 Can AI help my medical practice?19:10 What AI tools can I use?21:12 Challenges of AI in health care?24:48 What is the future of AI in health care?27:07 Access+27:57 Legal Takeaways29:43 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Stem cells and exosomes continue to shape conversations in the medical aesthetics and wellness industry, but understanding what is legally allowed is just as important as understanding the science. In this episode, Dr. Jordan Plews, PhD, a scientist and entrepreneur in biotechnology and stem cell research, breaks down how these products work and the regulatory challenges surrounding them.Tune in to understand how medical practices can legally use these products and the risks of going off-label or using unapproved treatments.Chapters: 00:00 Intro00:47 Banter 07:16 Guest Background 09:21 What are stem cells and exosomes? 12:38 Are there products similar to stem cells? 15:12 Can a medical practice offer stem cells or exosomes? 20:16 What risks are patients and providers taking when using these? 22:53 Advise for clients thinking about adding these products into their practice? 26:33 Access+ 27:09 Legal Takeaways 30:09 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadattoStay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Estate planning is not just about preparing for the unexpected—it is about protecting what you have worked hard to build. In this episode, guest James Atwood, estate planning attorney and co-founder of Atwood McCall, shares how proactive estate planning can protect assets, minimize taxes, streamline probate, and align with business succession strategies. Tune in to learn why updating your estate plan every few years is essential to preserve your practice, your family, and your legacy for the future.  Timestamps00:00 Intro04:19 Banter Ends05:47 Tell us about you and your background.07:19 Tell us about Atwood & McCall.09:53 A physician who keeps hearing that he needs a will or needs estate planning. He does not like thinking about his own mortality. He wants to know why he would need estate planning?14:00 Walk us through all the things that a person plans for in their estate planning?17:01 How do estate taxes work?24:35 How often should I update my estate plan? 26:45 Access+27:27 Legal Takeaways 29:10 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Raising money for your health care business can be exciting but complicated. In this episode, Aubrey Rankin, Managing Partner at First Place Pediatrics, shares what raising capital and partnering with investors really looks like. Learn which early decisions can impact your ownership, how to keep investors informed and aligned, and the key compliance and legal considerations unique to health care investments. Tune in for practical strategies for raising capital confidently, maintaining control, and setting your business up for success.  Chapters00:00 Intro05:00 Banter ends07:03 Tell us about you and your background.08:44 Tell us about your current companies. 14:47 What is it like to raise money from investors?18:48 How did it work once you had all your investors?21:56 How often did you communicate to keep them updated?24:47 What are the biggest challenges a startup faces in raising money and then spending it wisely to run the business28:30 Access29:04 Legal Takeaways30:24 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Thinking about turning your successful med spa into a franchise, or just asking for a friend? In this episode, guests Ryan Rose and Ryan Rao, executives at VIO Med Spa, share how they turned a single-location med spa into a national brand. Tune in to learn what it really takes to build a successful franchise in the health care space. Whether you are considering expansion or curious about franchising, this episode offers key insights into the strategic, legal, and operational hurdles that come with scaling a brand.    Chapters00:00 Intro00:54 Banter04:16 Ryan Rose and Ryan Rao Intro08:14 Tell us about your backgrounds that we did not discuss in the opening.13:34 Where does the name VIO come from? 15:26 This season our theme is asking for a friend. Our first question we will ask for a friend why should someone start a franchise?17:37 What are the biggest challenges franchisors face?  22:54 How does a franchise ensure brand consistency across many locations and states?  26:39 Access+  27:26 Legal Takeaways  29:31 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadattoStay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Selling your practice is one of the biggest decisions in your career. In this episode, Guest Shawna Chrisman, founder of Destination Aesthetics Medical Spa, shares her firsthand experience selling her practice, from strategic and emotional challenges to lessons learned. Tune in to discover how to build a compliant and sellable practice, evaluate private equity opportunities, and know when the timing—and the partner—are right for you. Whether you are planning for the future or just “asking for a friend,” this episode offers an inside look at the experience of selling a practice.  Chapters00:00 Intro01:00 Banter03:00 Shawna Chrisman intro06:00 Shawna Chrisman background. 07:54 What can you tell us about Destination Aesthetics and AMP? 11:30 Did you ever expand beyond injectables when you were in your first brick and mortar? 12:54 What was your vision when you decided to sell your practice? 26:12 What can you tell us about how you are currently working with AMP? 16:57 Why did you decide to sell your practice and partner with a private equity backed company?22:35 Was making the decision of who to sell to the biggest professional decision you have made?23:37 What challenges did you encounter while selling?25:57 How do you think the aesthetic industry is changing?27:45 Access+28:24 Legal Takeaways30:08 OutroWatch full episodes of our podcast on our YouTube channel:https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

What happens when a patient complaint turns into a full-blown medical board investigation? In this episode, hosts Brad and Michael, and partner Jay Reyero, share the story of a plastic surgeon whose response to a patient demanding a refund nearly jeopardized his practice. Learn what to do when you receive a patient complaint, how to respond to a letter from the medical board, and steps you can take to protect your practice.  Chapters00:00 Intro00:56  Banter  06:37  Story  23:58  Access+  24:32 Legal Takeaways  29:55  OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Ready to fill your med spa with loyal, happy patients? In this episode, Audrey Neff, Chief Marketing Officer of Aviva Aesthetics, breaks down how marketing, sales, and retention work together to attract new patients, convert leads, and keep them coming back. Tune in for actionable marketing strategies to grow your practice, especially if you are asking for a friend.Chapters00:00 Intro00:14 Banter04:30 Guest Intro06:00 Guest background07:29 Tell us about what you do at Aviva Aesthetics. 15:02 What does marketing even mean and how is it different than sales? 19:08 Are Google Ads and other pay per click advertising still a viable strategy? 22:32 What are the common marketing strategies used in aesthetics? 26:12 How is digital marketing affected by artificial intelligence? 27:49 Access+28:24 Legal Takeaways30:23 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadattoStay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

Losing employees can leave any leader wondering what to do next. In this episode, hosts Brad and Michael kick off the “asking for a friend” season with a twist—the friend is actually them. They share ByrdAdatto’s journey through unexpected employee turnover and the realization that even a culture-rich workplace is not immune to losing team members. Tune in as they reflect on the emotional and practical challenges of retaining talent, the lessons they learned, and the strategies they considered to support their team. Discover what really works when it comes to staff retention—whether you are asking for yourself, or just asking for a friend.'Chapters00:00 Intro00:17 Banter08:00 Story22:18 Access+22:47 Legal Takeaways30:03 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadattoStay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

If something sounds too good to be true, it probably is. We are bringing back a fan favorite episode from our Other People’s Problems season. Tune in as we unpack the Little River Hospital fraud scheme, where Management Services Organizations (MSOs) were misused to cover up fraudulent kickback arrangements. Learn how physician investment opportunities can go wrong, how properly structured MSOs work, and red flags to watch for.Chapters00:00 Intro0:45 Banter  09:31 Story  22:57 Access+  23:42 Legal Takeaways  29:52 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadattoStay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

In this episode, hosts Brad and Michael, along with series regular Jay Reyero, share the story of a primary care physician who signed on to a turnkey diagnostic service promising fast revenue with minimal effort. When insurance policy changes, poor contract protections, and vendor limitations created unexpected financial and operational risks, they learned that “turnkey” does not mean “risk-free.” Tune in for practical lessons on vetting vendors, reviewing contracts, ensuring billing compliance, and maintaining control over your practice when new opportunities arise.Chapters00:00 Intro0:39 Banter  06:17 Story  20:57 Access+  21:31 Legal Takeaways  29:48 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto  Stay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn

In this episode, hosts Brad and Michael welcome guest Brian Lauten, a triple board-certified business and commercial trial attorney and founding partner of Brian Lauten P.C., to unpack the realities of commercial litigation. Brian shares the often-overlooked consequences of filing a lawsuit, from hidden costs to litigation fatigue and unexpected counterclaims. Tune in to learn why the best litigation strategy may be never needing one, and the proactive legal steps you can take to avoid the courtroom.Chapters  00:00 Intro  00:40 Banter  03:51 Guest Background  05:47 What drove you into becoming a trial attorney?  08:18 Will you tell us about Brian Lauten P.C.?  09:21 What are some unintended consequences you and clients have experienced with lawsuits?  12:30 What does a lawsuit look like from the point of filing to the day of trial?  16:05 How do you help clients decide whether to pursue a lawsuit? 19:41 What does it mean when a contract says the prevailing party gets attorney’s fees? 23:51 What is litigation fatigue?  27:14 Access+  27:49 Legal Takeaways  29:40 OutroWatch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadattoStay connected for the latest business and health care legal updates:WebsiteFacebookInstagramLinkedIn