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 help clients evaluate ownership structures, management agreements, and financial arrangements under applicable Florida healthcare regulations and federal laws, including the Stark Law and Anti-Kickback Statute where applicable
Common Legal Issues in ASC & MedSpa Structuring
We help clients address critical issues such as:
Healthcare Clinic Licensing & Exemptions – Evaluating whether a MedSpa requires AHCA healthcare clinic licensure or qualifies for an exemption under Florida law, based on its ownership structure and operations.
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 AHCA licensing for ambulatory surgery centers, Florida Department of Health registration requirements for qualifying office-based surgery settings, and applicable accreditation standards. We also represent healthcare providers in administrative hearings when licensing disputes arise.
Regulatory Compliance – Depending on their services and referral arrangements, ASCs and MedSpas may be subject to the federal Stark Law and Anti-Kickback Statute, as well as Florida’s Patient Brokering Act (817.505) and state anti-kickback restrictions (456.054). We assist clients in evaluating compensation structures, management agreements, and referral arrangements for regulatory compliance.
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.
Medical Spa (MedSpa) Structuring in Florida
- Physician Supervision Requirements – ensuring cosmetic/aesthetic procedures comply with Florida law.
- Non-Physician Ownership – evaluating ownership, control, licensure, and management arrangements under applicable Florida healthcare laws.
- Scope of Practice – Evaluating which medical and aesthetic procedures may be performed by physicians, advanced practice registered nurses, physician assistants, and licensed estheticians under Florida law, including applicable supervision and delegation requirements.
- Advertising & Patient Communications – avoiding deceptive marketing or HIPAA violations.
- Healthcare Clinic Licensing & Exemptions – Evaluating whether a MedSpa requires AHCA healthcare clinic licensure or qualifies for an exemption under Florida law, based on its ownership structure and operations.
Ambulatory Surgery Center (ASC) Structuring in Florida
Establishing or expanding an ambulatory surgery center in Florida involves specific licensing, ownership, and regulatory requirements. Unlike physician office-based surgery settings, ambulatory surgery centers must obtain and maintain licensure through the Florida Agency for Health Care Administration (AHCA). Proper planning also involves evaluating physician ownership arrangements, management agreements, reimbursement considerations, and applicable state and federal healthcare regulations.
Di Pietro Partners assists physicians, medical groups, and investors with the formation, acquisition, and expansion of ambulatory surgery centers throughout Florida. Our healthcare attorneys provide guidance on corporate structuring, operating agreements, physician contracts, regulatory compliance, and other legal considerations that can affect the operation and long-term stability of an ASC.
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 Law exceptions and Anti-Kickback Statute safe harbors, where applicable.
- 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 – Headquartered in Fort Lauderdale, with additional locations available by appointment in Miami and West Palm Beach, we represent clients across South Florida and statewide for high-stakes healthcare matters.
Frequently Asked Questions
- Q. Can a non-physician own a MedSpa in Florida?
Potentially. Florida does not impose a blanket prohibition on non-physician ownership of medical spas. Whether non-physician ownership is permissible depends on the business structure, services provided, applicable professional licensing requirements, and whether healthcare clinic licensure or an exemption applies. - Q. What licenses are required for an ASC?
Florida ambulatory surgery centers must obtain a license from the Agency for Health Care Administration (AHCA) under Florida Statute § 395.003. Accreditation through an approved organization, such as AAAHC or The Joint Commission, is voluntary. ASCs seeking to participate in Medicare must also satisfy applicable federal certification requirements. - Q. Do MedSpas need a medical director?
Medical director requirements for Florida MedSpas depend on the facility’s ownership structure, licensing status, and services provided. MedSpas subject to Florida’s healthcare clinic licensing requirements must appoint a qualified medical director or clinic director. Even when a MedSpa is exempt from clinic licensure, certain medical procedures may require physician oversight or supervision under applicable professional licensing laws. - Q. How can legal structuring help with private equity investment?
Proper structuring can help private equity investments comply with applicable Florida ownership, licensing, Stark Law, Anti-Kickback Statute, and other healthcare regulatory requirements while defining the respective roles of investors and healthcare professionals.
Consult With Our Florida Healthcare Attorneys for ASC and MedSpa Structuring
Forming an ambulatory surgery center or medical spa in Florida requires careful planning around ownership, licensure, physician supervision, billing, corporate structure, and regulatory compliance. Errors made at the outset can lead to licensing problems, reimbursement issues, enforcement actions, or costly restructuring later.
Di Pietro Partners advises physicians, medical groups, investors, and healthcare businesses on the formation and operation of Florida ASCs and medical spas. Our attorneys assist with entity formation, ownership arrangements, management agreements, AHCA and Department of Health requirements, fee-splitting concerns, employment and contractor relationships, and other healthcare-specific compliance issues.
Early legal guidance can help establish a compliant structure, clarify each party’s responsibilities, and reduce the risk gof disputes or regulatory problems as the business grows.
Contact Di Pietro Partners for a confidential consultation with a Florida healthcare lawyer experienced in ASC and MedSpa structuring.
Disclaimer: We represent licensed medical professionals, physician groups, investors, and healthcare businesses. We do not represent patients in refund disputes, treatment complaints, or cosmetic-service claims.
