Pharmacy Ownership Lawyers
Spodek Law Group’s team of pharmacy lawyers helps pharmacy owners and managers with all issues related to the ownership, and operation, of pharmacies nationwide. We help pharmacists, DMESO, and home equipment providers, with a wide array of issues.
We can help pharmacy owners with a wide array of issues like:
Business formation: Preparing, and reviewing, shareholder agreements, operating agreements, and more.
Business transactions: Preparing, reviewing, and negotiating, offers, letters of intent, purchase agreements
Employment contracts: Preparing, reviewing, and negotiating, employment contracts, in addition to making sure you’re in compliance with state/federal stark laws
Licensing: Assisting with permits, and licenses, from state and federal agencies
Accreditation: Getting accreditations for new pharmacies, and issues pertaining to loss of accreditation
dea Registration: We help with all issues, inspections, and enforcement issues
Healthcare Fraud: We help with criminal and civil charges pertaining to medicare fraud, Stark, false claims, false statements, and more.
Creating a new Pharmacy
When you’re opening your new first pharmacy, or purchasing a new pharmacy, our Pharmacy ownership lawyers can help. Pharmacies are highly regulated. We can help with a lot of issues pharmacists face, like formation, disciplinary issues, and more.
We help with virtually ANY issue pertaining to owning and creating a pharmacy. We will help you form, and structure, prepare, and file, all business documents for your pharmacy. We help with drafting, reviewing, and implementing, employment contracts. We also look into state and federal anti-kickback Stark laws, when looking at employment contracts. We also help with procedural and compliance issues. We can help with state permits, dea issues, and CMS enrollment.
Before you get a permit, the state will do a pharmacy inspection. We work with owners, and staff, to ensure there is compliance before the inspection in order to address any insufficiencies.
We also help startup pharmacies with preparing policy, and procedures. These manuals are good for the initial pharmacy inspection, but are also CRITICAL for future compliance with your state, DEA, HIPAA, and CMS.
Buying a Pharmacy – we can help
When you buy a pharmacy, we can help. It’s not an easy process though. It comes with a number of legal issues. Our lawyers help pharmacy owners with all phases of the purchasing a pharmacy. Negotiations can be difficult when yo buy a pharmacy. We take the stress out of the process. WE help our clients get the best possible deal.
When opening, closing, or during times of need affects your pharmacy, we’ll be happy to help. There are many complexities in owning a pharmacy and there can be bumps in the road during your career. A skilled attorney with experience in healthcare law is what you need. We’ll represent you during licensing, audits, transfers of ownership, and just about any other legal event, you could possibly encounter. Attempting to take on complex legal matters could force you to need an attorney if not handled correctly. This informative article will address how a pharmacy attorney could benefit your business and when to hire one.
Opening a New Pharmacy
Opening a pharmacy is probably a dream come true. Keeping it that way is where an attorney can help. You’ll not only have to deal with all the licensing of opening any business, but you’ll need pharmacy industry specific licensing as well. Contracts for drug companies and employees are also important. Many of these contracts address “kickback” laws and other issues such as dea licensure. Ensuring that your employees have the legally required resources they need such as a policy handbook are also incredibly important. An attorney also helps with traditional business licensing, incorporation, and proofing all legal information you’re provided with by others. It can be an incredibly stressful time in your life and a pharmacy attorney can help alleviate some of it for you.
Legal Matters Along the Way
A relationship with the state-level dea/defense-lawyers/pharmacy-dea-audits/” >pharmacy regulators and the DEA is inevitable. You’ll also have to ensure that you’re compliant with Medicare, Medicaid, and third-party insurers as well. Losing these valuable credentials can be devastating for a pharmacy. Audit support is also available and is routinely handled by healthcare attorneys. Matters of suspicion involving drug diversion are also an invaluable service that our attorneys provide. You’ll need to know how and when to respond to legal matters that present themselves along the way. Risking licensure and even charges of insurance fraud simply aren’t worth the risk.
Closing a Pharmacy or Transferring Ownership
Since pharmacies are so strictly regulated, even the closure or transfer of ownership can present significant legal matters. One of the most common causes of license or dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA credential revocation is not accurately handling these matters. In retirement, the pharmacy owner may want to work as a traditional pharmacist and finds that their personal license is at stake of being revoked due to failing to meet reporting requirements. These matters are easily avoidable through having an attorney oversee the entire process.
Handling Legal Matters Alone
In such a highly regulated industry, it’s inadvisable to handle legal matters in healthcare. This is a highly complex area of the law that includes many different parts. If a matter is handled incorrectly or even if you fail to respond to a dea or state-agency request, you could face civil and criminal penalties for your actions. Since prescription abuse is a rather prominent issue in recent history, it’s more important than ever to make sure your pharmacy doesn’t risk matters that are known to cause problems when handled improperly.
Get Our Team to Work for You
Retaining a pharmacy attorney is much easier and affordable than you’d think. Our office is always happy to provide insight on how we’d be able to benefit your business. Whether you’re new to things, are retiring or closing your business, or are currently facing legal issues, we’ll do our best to fight for your business. Get in touch with us to schedule an appointment and see how our skilled pharmacy attorneys can help, today!
Pharmacy Law Lawyers
Our firm represents pharmacies and pharmacists who are dealing with legal issues. This includes things such as license violations, Drug Enforcement Administration complaints and prescription fraud. We have represented pharmacists, physicians and other healthcare professionals who are under criminal investigation.
We have also represented medical professionals who have had trouble obtaining a dea number. Additionally, our firm helps people prepare legal documents and contracts.
What Should You do if You are Under Investigation?
If you have received a letter saying that you are under investigation, then this is something that you will need to take seriously. You will need to hire an attorney as soon as possible.
What You May Not Know
- You do not need to give a written or oral statement to the investigator.
- You do not have to give the investigator your resume.
- The Fifth Amendment gives you the right to remain silent. You do not want to say or do anything that can be used against you.
- You can use professional liability insurance or malpractice insurance to pay for your legal defense.
- You will be able to obtain a copy of the investigation. You can also rebut it.
Some of the Other Things That You may not Know
- You should never relinquish your license if you are being investigated.
- You do not want to request an informal hearing. This is saying that all of the allegations that are being made are true.
- You will have to report any disciplinary action against you to the board. You will likely lose your national certification.
- If you are licensed in another state, then they will know about the investigations.
- The Inspector General and National Practitioner Data Bank will also know about the investigation. You will then be excluded from the Medicare Program. This means that you will not be able to work for the government or any healthcare agency.
Our attorneys have been able to successfully represent pharmacies and other people who work in the healthcare industry. We may be able to help you get your case dismissed. If we are not able to get your case dismissed, then we can represent you in a trial and help you obtain a favorable result.
We know that you have spent a lot of time and money earning your professional certifications. You do not want to give all of that up. Our attorneys can help you keep everything that you have worked hard to obtain.
Why It Is important to buy Insurance Coverage
We recommend that all pharmacists have professional liability insurance. You should have at least $25,000 in coverage for your professional license defense. It is a good idea to increase it to at least $50.000.
It is important to have this insurance before you get any legal complaints filed against you. It will be a lot harder for you to hire an attorney if you do not have any insurance. It is important to choose a board-certified lawyer who has experience representing attorneys.