Legal 123s with ByrdAdatto

NP independence on paper does not always match independence in practice. In this episode, hosts Brad and Michael share the story of an Illinois nurse practitioner who launched her own wellness clinic after earning independent status—only to encounter obstacles she thought independence would protect her from. Tune in to learn how evolving NP autonomy, supervision rules, state scope-of-practice differences, and CPOM can create hidden challenges. Discover how the right business structure can keep your practice compliant as regulations evolve.Chapters[00:00] Intro[00:43]  Banter  [05:14]  Story  [15:04]  Access+  [15:38]  Legal Takeaways  [29:53]  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

Employee handbooks are more than just paperwork, they are a strategic tool for protecting your practice and aligning your team. In this episode, ByrdAdatto’s newest partner, Grace Lee, breaks down how to create employee handbooks that actually work for medical practices. Discover why generic templates can put you at risk and how to handle PTO, harassment and remote work policies. Tune in to protect your practice, align your team, and reduce costly employment disputes.Chapters00:00 Intro00:48 Banter04:33 Guest background 07:06 What is an employee handbook?07:52 When should a practice adopt an employee handbook?10:36 Do employee handbooks cover harassment, discrimination, and safety?12:49 What legal protection does an employee handbook offer?18:00 What risks could a practice face without an employee handbook?22:05 What are best practices for onboarding and training new hires?25:55 Access+27:08 Legal Takeaways29:24 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:WebsiteFacebookInstagram

The landscape for physician non-competes is shifting, and practices are feeling the impact. In this episode, hosts Brad and Michael share the story of a top Texas plastic surgeon whose thriving practice relied on strict agreements to retain talent. When new physician non-compete laws limited what employers could enforce, he faced tough choices: how to protect his practice, retain talented surgeons, and stay competitive in a changing market. Tune in to learn how recent legal changes impact non-compete enforceability, what alternative strategies can help safeguard your practice, and how to retain top talent without putting your business at risk.Chapters[00:00] Intro[00:42] Banter  [06:04] Story  [23:48] Access+  [24:23] Legal Takeaways  [30:49] 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

Loyalty programs can drive real value, but in health care, they also carry real risk. In this episode, hosts Brad and Michael, joined by partner Jay Reyero, share the story of a growing multi-location med spa working to strengthen patient engagement and retention.  When the team considers adding a refer‑a‑friend program, they encounter a major obstacle: incentives can create compliance risk in health care.  Tune in to learn why referral programs raise legal concerns and how med spas can structure a compliant loyalty program. Explore low-risk ways to reward advocates and implement strategies that drive growth, compliance, and long-term success.  Chapters[00:00] Intro[00:59]  Banter  [04:52]  Story  [16:08]  Access+  [16:47]  Legal Takeaways  [29:15]  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

When patients want to record their medical consultations, where does convenience end and legal risk begin? In this episode, hosts Brad and Michael share the story of a plastic surgeon caught off guard when a new patient insisted on using an AI assistant to record their consult. What starts as an awkward moment quickly raises bigger questions about consent laws, practice policies, privacy, and patient expectations. Tune in to learn how state recording laws intersect with internal practice rules, why “legal” does not always mean “allowed,” and what health care practices should consider before recordings become part of everyday care. Discover how you can protect your practice and maintain patient trust in an increasingly AI-driven world.  Chapters  00:00 Intro  00:50 Banter  05:27 Story  13:11 Access+  13:48 Legal Takeaways  30:25 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

Perks like free procedures, injectables, and education loans are common in aesthetic practices, but even the most well-intentioned benefits can backfire. In this episode, hosts Brad and Michael share the story of a Texas plastic surgeon whose generous staff perks spiraled into operational, financial, and compliance risks. When rebate paperwork went unsubmitted, tax liabilities appeared, and popular benefits were suspended, staff morale suffered, and the practice faced real consequences. Tune in to learn how to turn generous staff perks into structured, sustainable benefits that strengthen culture, reduce risk, and support long‑term practice growth.  Chapters00:00 Intro  00:47 Banter  05:55 Story  19:21 Access+  19:59 Legal Takeaways  29:45 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  

When the FDA removed GLP-1s from the shortage list, many were unsure whether compounded versions could still be prescribed. In this episode, hosts Brad and Michael share the story of a medical weight loss clinic and the fallout after these drugs were removed from the shortage list. Tune in to learn how regulatory shifts, misinformation, and risk management collide in modern medicine. Find out how practices can navigate evolving regulations and avoid pitfalls when prescribing compounded weight loss drugs.Chapters00:00 Intro  00:50 Banter  04:34 Story  17:18 Access+  17:48 Legal Takeaways  30:07 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, 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