The Center for Health and Wellness Law, LLC

The Center for Health and Wellness Law, LLC is the “go-to” law firm for the health and wellness industries.  The Center provides legal advice, resources, trainings and advocacy to help the health and wellness industries operate in a compliant and optimal manner, which ultimately benefits patients and improves population health.  The Center is a boutique law firm that understands, appreciates and shares in the goals of the health and wellness industries and the professionals who work within them.

The Center for Health and Wellness Law, LLC Blogs

Latest from The Center for Health and Wellness Law, LLC

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

Most of the conversation around workplace wellness compliance has focused on federal law compliance, such as with HIPAA, ACA, ADA, and GINA. But some states have also enacted laws that are important to workplace wellness program compliance. This blog post will highlight two state laws and examine whether more such laws are needed.

New York

New York Insurance Law § 3239 allows insurers, companies and municipal cooperative health benefits plans in New York to establish “wellness programs” in conjunction
Continue Reading Don’t Forget About State Workplace Wellness Laws

On May 9, 2023, the IRS Office of Chief Counsel issued Memorandum #202323006 which clarified whether certain wellness incentive payments are subject to the Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA) and federal income tax withholding (FITW), or collectively known as “employment taxes.

The scenario described by the IRS is this:

An employer provides comprehensive health benefits through a group health plan (GHP). The GHP provides preventive care benefits such as reimbursements for the cost of
Continue Reading New IRS Memorandum Confirms Certain Wellness Benefits are Taxable

On April 17, 2020, Todd Maness (“Maness”), a police officer employed by the Village of Pinehurst in North Carolina, sued his employer for terminating his employment. Why was he terminated? According to Maness, the Village fired him because he refused to fill out a health risk assessment which was created by a wellness vendor, SiteMed. Maness claimed that his termination for refusing to answer questions about his and his family members’ health violated the Americans with Disabilities Act (ADA)
Continue Reading Who’s Responsible for Complying with Federal Workplace Wellness Laws? A Recent Lawsuit Provides Insight

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?

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 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

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?

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.

Continue Reading Massage Liability Waivers: What You Need to Know

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?

The way you structure your business as a personal trainer or other wellness professional could be one of the most important decisions you make.

Like many in your position, you may have narrowed your options down to an S Corporation or an LLC. However, you can’t just make this decision blindly — each of these have their pros and cons.

We’re going to explore those pros and cons in this article.

Still struggling to decide between an LLC and
Continue Reading LLC or S Corp for Personal Trainer or Wellness Professional? Pros and Cons