Launching or expanding an Ambulatory Surgery Center (ASC) or medical spa in Florida requires more than a business plan, it requires navigating a complex web of healthcare regulations, licensing requirements, and ownership restrictions. A misstep can result in fines, contract disputes, or even loss of licensure.
At Di Pietro Partners, our healthcare lawyers assist physicians, medical groups, and investors in forming, structuring, and managing ASCs and MedSpas throughout Florida. We ensure each arrangement is compliant with the corporate practice of medicine (CPOM) doctrine, Stark Law, Anti-Kickback Statute, and state-specific facility regulations.
Common Legal Issues in ASC & MedSpa Structuring
We help clients address critical issues such as:
Corporate Compliance – Florida follows the corporate practice of medicine doctrine which prohibits non-physicians from directly owning or controlling medical practices. We guide clients through compliant structuring strategies.
Ownership Models – Many ventures use a Management Services Organization (MSO) model, where physicians own the clinical side, and administrative services are provided through an investor-owned MSO.
Licensing & Accreditation – We work with clients on compliance before the Florida Agency for Health Care Administration (AHCA) and represent them in administrative hearings if disputes arise.
Regulatory Compliance – ASC and MedSpa models often involve federal laws such as the Stark Law and Anti-Kickback Statute. We help ensure all compensation and referral arrangements meet regulatory requirements.
Credentialing & Privileges – Disputes may arise if physicians face peer review or hospital privilege challenges. Our litigation team is prepared to defend providers.
HIPAA & Data Security – With patient records and telehealth integrations increasingly common in MedSpas, we provide guidance on HIPAA compliance and data breach defense.
Payor Contracts & Reimbursement – Negotiating or litigating with insurers often overlaps with payor disputes and reimbursement appeals.
For Medical Spas (MedSpas):
- Physician Supervision Requirements – ensuring cosmetic/aesthetic procedures comply with Florida law.
- Non-Physician Ownership – structuring management services organizations (MSOs) to comply with CPOM.
- Scope of Practice – clarifying what services can be delegated to nurses, PAs, or estheticians.
- Advertising & Patient Communications – avoiding deceptive marketing or HIPAA violations.
Our Structuring Approach
At Di Pietro Partners, we combine healthcare regulatory insight with business transaction experience. Our process includes:
- Reviewing ownership and investment models for compliance.
- Drafting physician employment agreements, MSO contracts, and operating agreements.
- Ensuring ASC/MedSpa services align with Florida licensing requirements.
- Advising on Stark/Anti-Kickback safe harbors.
- Coordinating with CPAs, consultants, and compliance officers to build defensible structures.
Why Choose Di Pietro Partners
- Healthcare Focused – We don’t dabble in healthcare law; it’s a core practice area.
- ASC & MedSpa Experience – We’ve structured arrangements for surgeons, medical groups, and investors.
- Regulatory & Litigation Strength – We not only build compliant structures but also defend providers if disputes arise.
- South Florida Presence – With offices in Miami, Fort Lauderdale, and West Palm Beach, we represent clients across South Florida and statewide for high-stakes matters.
Frequently Asked Questions
- Can a non-physician own a MedSpa in Florida?
Not directly. Florida’s corporate practice of medicine restrictions prohibit non-licensed individuals from owning medical practices. However, non-physicians may participate through a compliant MSO model. - What licenses are required for an ASC?
Florida ASCs must be licensed through AHCA and often accredited by bodies such as AAAHC or Joint Commission. Federal certification is also required for Medicare reimbursement. - Do MedSpas need a medical director?
Yes. In Florida, MedSpas must have a licensed physician as a medical director to oversee treatments and supervise delegated staff. - How can legal structuring help with private equity investment?
Proper structuring ensures investments comply with CPOM, Stark Law, and Anti-Kickback Statute while protecting physician autonomy and investor ROI.
Schedule a Consultation
If you’re considering forming an Ambulatory Surgery Center or Medical Spa in Florida, don’t leave compliance to chance. Contact Di Pietro Partners today to discuss your goals and structure your ASC or MedSpa the right way from the start.
Disclaimer:
We represent licensed medical professionals, physician groups, and healthcare businesses. We do not handle matters for patients seeking refunds, treatment disputes, or cosmetic complaints.
