Legal Structure and Compliance
Own and Operate Your Healthcare Business
We help navigate corporate practice of medicine regulations so nurses, NPs, and PAs can own medical businesses.
Business Ownership with GuardianMD
Our network of nationwide healthcare practices allows for non-physician-owned businesses to operate legally and compliantly. We have designed an MSO practice model that meets CPOM requirements and allows you to fully own your own business.
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What is the Corporate Practice of Medicine?
Corporate practice of medicine (CPOM) laws prohibit corporations or non-licensed individuals from practicing medicine or employing physicians to provide medical services. This doctrine is designed to ensure that medical decisions are made by licensed healthcare professionals rather than influenced by business interests. The intent is to protect patients from deceptive behavior that might come with the private ownership of medical corporations.
Guardian has structured PLLCs in every state that are physician-owned and meet all compliance and regulatory requirements. Our clients will fully own their own business (the Managed Service Organization or MSO) and will sign a Managed Service Agreement (MSA) with our state-specific PLLC. We will then also assign a medical director or collaborator who will serve as the oversight for the business and practice.
All medical businesses need to follow regulations regarding how they start their business to make sure they meet HIPAA standards. These rules can be set by the state or the federal government, depending on the situation. Businesses need to know about these rules right from the start. This helps them avoid accidentally doing anything wrong or illegal. If there are ever legal questions or concerns, it’s a good idea for doctors and other medical staff to talk to a healthcare attorney for advice on what to do.
What is the impact on Nurse-Owned Businesses?
In strict CPOM states, these regulations can make it very difficult for nurses and advanced providers, like NPs and PAs, to own and operate healthcare clinics, such as an IV hydration business or med spa.
Nurse entrepreneurs need to be aware of the specific CPOM regulations in their state and learn how to navigate the legal limitations. In some cases, nurses may need to collaborate with physician partners or find alternative business structures to comply with CPOM laws.