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Telemedicine has become increasingly popular, especially with advancements in technology and the need for convenient and accessible healthcare. Many licensed healthcare professionals, including doctors, nurses, therapists, and specialists, are utilizing telemedicine to provide consultations, advice, prescriptions, and ongoing care to patients across the country.

Through telemedicine, healthcare professionals can conduct virtual appointments, review medical records, discuss symptoms, provide guidance on managing chronic conditions, and even monitor certain vital signs remotely. Patients can communicate with healthcare providers using video calls,…
Continue Reading Can Licensed Health Care Professionals Use Telehealth to Help Patients Nationally?

Caleb R. Gerbitz

It’s time for our monthly check-in on the latest civil law developments at the Wisconsin Supreme Court. In the past month, the court decided five civil cases spanning a broad array of issues including insurance law, eminent domain, and arbitration. Plus, the court granted review in a case touching on taxation and religious liberty. Read on for all the latest.
Cases Decided
Banuelos v. UW Hospitals & Clinics Authority, No. 2020AP1582

Healthcare

Decision Filed: April 4,…
Continue Reading Wisconsin Supreme Court Update: May 2023

Lately our firm has had a lot of clients with nursing background come to us to escape their employment as a nurse in a hospital or other traditional health care organization, or to start a side business as a nurse coach, IV hydration business owner, med spa owner, or combination of all three. Why they are fleeing traditional medical care facilities, or at least branching out to the wellness world is simple: burnout. According to a 2022 Surgeon General …
Continue Reading What’s the Difference between a Nurse Coach and a Health Coach?

On April 13, 2023, the White House took the unprecedented step of declaring xylazine-laced fentanyl an official emerging drug threat to the nation. The declaration is to be followed by a focused, 90-day response to this drug combination. While fentanyl is well known and ripe for diversion in health care settings, lesser-known xylazine, also called “tranq,” is a veterinary sedative used illicitly as a low-cost cutting agent to extend a user’s high. New stories accompanying the White House’s announcement…
Continue Reading As Deadliest Opioid Gets ‘Even Deadlier,’ Care Opportunities Emerge

On February 24, 2023,  Leanne Diment, on behalf of a proposed class of employees of Quad Graphics and Rise Interactive Media & Analytics, sued her employer for violating the Americans with Disabilities Act (ADA). Specifically, she alleges that her employer forced her to undergo a biometric screen with her physician to avoid having to pay over $1800 more each year in health insurance premium. See Complaint, dkt. #1, Diment v. Quad Graphics, Inc. Case No. 23-cv-1173 (N.D. Ill. 2023).
Continue Reading More Employees Sue Workplace Wellness Programs

As people grow older, they tend to become more vulnerable to a wide range of physical injuries. Falls are one of the most common causes of injuries among elderly adults. Unfortunately, fall injuries can often be attributed to nursing home neglect or abuse. For family members of nursing home patients, it is crucial to understand when and how fall injuries can occur due to abuse or neglect. Some common issues that can lead to falls in nursing homes include:…
Continue Reading Fall Injuries Can Occur Because of Nursing Home Neglect or Abuse

Lately our firm has received a lot of inquiries from registered nurses who want to start an IV hydration business. Burned out from working in hospitals and long term care facilities, particularly in the aftermath of COVID19, many nurses are looking to use their skills in more satisfying and profitable ways. IV hydration businesses are becoming a popular way to put nursing skills to good use. Such businesses often focus on helping people recover from hangovers or just improve…
Continue Reading Should Nurses or other Wellness Providers Sign a Contract with an IV Hydration Company?

The U.S. Department of Justice (DOJ) recently announced that it recouped over $2.2 billion through the enforcement of False Claims Act (FCA) settlements and judgments in fiscal year (FY) 2022.

This is less than half of the prior year’s recoupment of more than $5.6 billion from civil FCA claims.However, the DOJ noted “the government and whistleblowers were party to 351 settlements and judgments,” which made FY 2022 the second highest for the number of settlements and judgments in one…
Continue Reading False Claims Act: DOJ Recoups Over $2 billion in 2022

As you embark on your new career path as a health coach, making sure that your business remains in compliance with Florida health coach laws will be essential. Failure to do so could be devastating for your new business and put you at risk of penalties.
However, these laws can often be complex. Our health coach attorneys at Wellness Law, LLC, are here to help you understand how these laws could affect your business and clients and ensure your…
Continue Reading Introduction to Health Coach Laws in Florida

Your massage therapy business needs to have massage liability waivers in place before you do any work on clients. This can help protect you or any massage therapists you employ if your client subsequently suffers an injury due to their massage therapy session.

However, it is important to ensure that your massage liability waivers are written in a way that does not invalidate the waiver, as this could leave your massage therapists and business open for potential litigation.

Here…
Continue Reading Massage Liability Waivers: What You Need to Know

This article was originally published in the Healthcare Law Insights blog on the Husch Blackwell website, and is published here with the author’s permission. Blog has been edited for publication on WisBar, with author approval.​

A medical school applicant recently filed suit, alleging that several Texas medical schools improperly rejected him by basing their admissions decisions on race and gender. The complaint asserts that these schools (along with “nearly every school and university in the United States”) participate…
Continue Reading The Future of Affirmative Action in Medical School Admissions

This article aims to promote incorporating Advance Care Planning (ACP) into health promotion work. ACP can serve as a tool and framework to engage in broader discussions about an individual’s social and structural drivers of health. By looking beyond individual behavior and starting the ACP discussion, health promotion professionals can tackle SDOH thereby making health promotion efforts more effective.
Keep reading in the American Journal of Health Promotion here.
 
The post Advance Care Planning is Critical to …
Continue Reading Advance Care Planning is Critical to Overall Wellbeing

If you are a health provider or wellness professional, you may wonder whether and how you can use social media influencers and other experts who might be willing to give testimonials about your wellness services or products. What are the legal guidelines you should follow when engaging with influencers?
Social media posts should be treated the same as other advertising or health claims. In other words, they information should be truthful and not misleading, and any claims regarding how…
Continue Reading How Can Wellness Providers Legally Use Influencers to Promote their Products and Services?

A lot of our clients specialize in the mental health space. Some practice as licensed psychologists, social workers or professional counselors, while others are unlicensed emotional wellness, mental health and wellbeing coaches. The main difference between those two groups is that one group (the licensed group) are regulated by state licensing boards. The second group (the coaching group) are not regulated by state licensing boards, at least not directly.
Coaching in the mental health and emotional wellness space can…
Continue Reading What is the Difference Between Practicing Psychology and Practicing Mental Health Coaching?

In December 2022, the Federal Trade Commission (FTC) issued a document entitled Health Products Compliance Guidance. Any wellness professional, whether you are a health coach, functional medicine provider, integrative health provider, holistic health provider, naturopathic doctor, chiropractor, or wellness business owner, should understand the FTC guidance. This is particularly true for those wellness providers who sell products such as dietary supplements, essential oils, diet plans, certain foods, or other products that can provide health benefits.
It should be…
Continue Reading Wellness Professionals Should Be Familiar with the Federal Trade Commission Health Products Compliance Guidance

Craniosacral therapy can be a great addition to your massage therapy business. With more and more clients looking for relief for depression, infections, migraines, anxiety, joint stiffness, and other medical conditions, including craniosacral therapy as part of your massage therapy services could improve your clients’ health and boost your business.
However, before you begin offering craniosacral therapy, it is important to understand the licensing requirements. If you do not remain in compliance with your state laws, your business could…
Continue Reading Do You Need a License to Practice Craniosacral Therapy?