Health Care

Let me start with the good news (which seems to be in short supply right now): The Alabama Supreme Court decision on IVF does not apply in Wisconsin.

Given Gov. Evers’ veto power and the makeup of the Wisconsin Supreme Court, it’s not likely to be the law here anytime soon. For that matter, the decision does not even apply to Alabama anymore, as it was quickly reversed by legislation.

Still, the decision raises some interesting issues
Continue Reading Sweet Home Alabama? Not So Much

It’s spring, and the legislative session is in full swing in Wisconsin – the perfect time to reflect on some atypical aspects of the Wisconsin health law environment. In no particular order, here are our top picks.

There is no automatic surrogate decision maker for a patient who becomes incapacitated.

This is Amy’s top pick because, in her experience, Wisconsin’s lack of a surrogate decision-maker law adds more stress than patient protection to many end-of-life situations.

Much to the
Continue Reading Four Atypical Aspects of Wisconsin’s Health Law Environment

Creating a marketing strategy for a health and wellness brand is tough. Creating a marketing strategy that adheres to legal compliance requirements is even tougher.

Developing a marketing strategy to make your brand stand out from the crowd is no easy task in an industry as competitive as health or wellness. On top of that, you need to follow numerous laws, regulations, and guidelines to ensure that your marketing strategy is legally compliant. Not only is adherence to the
Continue Reading Creating a Legally Compliant Health and Wellness Marketing Strategy

Health care compliance programs must be dynamic in order to enhance the effectiveness of the program. Being dynamic requires the compliance professional to be on top of recent government pronouncements and enforcement trends so that they can adjust and fine-tune their programs to incorporate and address developments and trends that impact their organization. This update focuses on key guidance from 2023 from the Department of Health and Human Services (“HHS”), HHS’s Office of the Inspector General (“OIG”), as well
Continue Reading What Compliance Officers Need to Know From 2023’s Compliance Trends

As many labor attorneys predicted, 2023 was a huge year for labor organizations in the U.S. We saw a continued uptick in union organizing campaigns and high profile strikes in the health care, auto, and film industries.

In 2023, we saw several remarkable wins at the bargaining table for unions, and significant legal decisions favoring organized labor from the National Labor Relations Board (NLRB).
Strikes and Organizing Campaigns
Health care organizations have not been immune to the rise of
Continue Reading The Rise of Labor in Health Care: Labor Law Developments in 2023

Many organizations, including hospitals and other health care organizations, are embracing peer support networks to tackle the extreme levels of burnout being felt by many employees in the workplace. Employees can get trained or certified as Mental Health Fist Aid responders to serve as a peer support person. When done right, peer support can be very helpful to the mental well-being of employees. See e.g., https://www.mhanational.org/peer-workforce and https://journals.sagepub.com/doi/pdf/10.1177/2165079919873934.

However, inserting a peer support program into a workplace wellness
Continue Reading Is Your Mental Health Peer Support Program ADA-Compliant?

Private equity firms are eating up physician practices, and they are not slowing down. According to a recent report from the American Antitrust Institute (hereinafter the AAI Report), private equity acquisitions of physician practices increased from 75 deals in 2012 to 484 deals in 2021. In some urban areas, a private equity firm might own 30% or more of the physician practices, which reduces competition and as studies are showing, increases prices for consumers.

Private equity ownership of physician
Continue Reading Should Physicians Sell their Practices to Private Equity Investors?

The Wisconsin Prescription Drug Monitoring Program (WI PDMP) is a program that collects and discloses information relating to the prescribing and dispensing of monitored prescriptions drugs.1
What is a Monitored Prescription Drug?
Under Wis Admin. Code § CBS 4.02(12)(a), a monitored prescription drug means:

  • a controlled substance included in Wis. Stat. section 961/385(1)(ag);
  • a drug identified by the Wisconsin Controlled Substance Board as having a substantial potential for abuse (including scheduled II, III, IV, or V in


Continue Reading Why the Wisconsin ePDMP Is Important

As a longtime estate-planning attorney, it is my sense that more clients are working around (or ruining) their valid estate plans by using various nonprobate transfers – specifically POD (Payable on Death) and TOD (Transfer on Death) designations. I see this change happening not only when clients come into my office to review their estate planning when they are alive, but this is also being discovered after the client passes away. I ask “Why is this happening?” Do people just dislike attorneys so
Continue Reading This Is How Clients Wreck Their Estate Plans – What Can Attorneys Do About It?

Prior to July 1, 2023, the Wisconsin Medical Examining Board (MEB) required self-employed physicians to have chaperone policies for sensitive exams, and make them available to patients.

Recently enacted changes to the rule mean better clarity for both patients and physicians regarding the physician’s policies for sensitive exams.
A Two-year Process
The original rule mandated that a chaperone be present when doctors performed sensitive exams, except in limited circumstances.

In 2021, the MEB proposed changes to the chaperone rule
Continue Reading Now in Effect: New Rule for Medical Chaperones

Workplace violence can happen in any industry, but some workers face this type of treatment far more often than others. American nurses are among those who are likely to encounter violence on the job, and incidents of violence directed towards nurses have surged in recent years, making it imperative to address and resolve this issue.

Violence against nurses has a significant impact on the physical and emotional well-being of these professionals. It also compromises their ability to provide quality
Continue Reading Violence Against Nurses an Ongoing Problem in Health Care

As the traditional health system continues to fail patients and providers alike, more people are turning to wellness to fill in the gaping hole left by traditional health care. For those wellness practitioners wanting to serve clients as a health, wellness or lifestyle coach, aruveyda or reiki practitioner, yoga instructor, personal trainer, massage therapist, holistic health practitioner, functional medicine practitioner, nutrition counselor or many of the other titles that identify as wellness, a critical question you may ask is
Continue Reading If Wellness Practitioners Don’t Bill Health Insurance, Are they Subject to HIPAA Privacy Rules?

It may come as a surprise that many services we classify as “wellness services” do not require a state-issued license, either for the practitioner delivering the service or the business offering the service. Some practitioners believe that a certification from a wellness education provider, such as for health coaches, reiki practitioners, mindfulness practitioners, personal trainers, yoga instructors, nutrition consultants, energy healers, just to name a few, is the same as a state-issued license.

It is not.

Having a certification
Continue Reading What are the Legal Risks of Delivering Wellness Services without a License, and What Qualifies as Wellness Services Anyway?

As a wellness lawyer, I hear all kinds of complaints from all kinds of different stakeholders in the wellness industry. Lately, I have been hearing from people wronged by health and business coaches. These individuals have been hurt emotionally and financially by unethical coaches. This emotional or financial injury may occur because the coach oversteps their scope of practice, or because their business policies, such as refunds or payment policies, are inequitable and unethical.

As I write my next
Continue Reading Who Will Lead the Ethical Wellness Movement?

Let’s start with the assumption that you want to have a multicultural law practice with a focus on estate planning and Medicaid planning – and you want to work with clients and staff who are diverse. How are you going to move forward with those objectives?

Is being multicultural enough?

Is it possible to complete the necessary estate planning forms and Medicaid applications with a good understanding of the client’s current financial status and plans regarding the person’s finances? 
Continue Reading Do You Have a Multicultural Law Practice?

Many people may not realize that some states have workplace wellness program laws; it’s not just the province of the federal government. Massachusetts happens to have one of the most comprehensive workplace wellness program laws, and it may just set the bar for other states to follow.
Specifically, Massachusetts has a law that applies to Certified Group Purchasing Cooperative Wellness Programs (or entities that contract with such cooperatives). See 211 CMR 115.15.
Read more here.
The post Massachusetts’
Continue Reading Massachusetts’ Workplace Wellness Program Law May Set the Standard