Welcome to the third installment of this series surveying business and regulatory issues in the Oregon psilocybin program. Today I’ll cover real estate, insurance and employment issues. Real Estate Issues for Oregon Psilocybin Businesses Real estate is one of the areas where psilocybin will be fairly analogous to cannabis, with some wrinkles. Leasing Property for
Welcome to the second installment in this series surveying business and regulatory issues for Oregon psilocybin program players. In part one, I covered the general process and schedule of Oregon Health Authority (OHA) rulemaking, by and through the Oregon Psilocybin Advisory Board. I also covered residency requirements, further restrictions on ownership, and taxation issues. In
The United States Drug Enforcement Administration (DEA) is preparing to pass a rule that would place five tryptamine hallucinogens on Schedule I of the Controlled Substances Act (CSA). These compounds would then be as illegal as heroin, fentanyl or other dangerous drugs. Their possession, use, and manufacture would be a felony that could lead to
Cannabis is legal and regulated in most U.S. states. Oregon legalized and will soon regulate psilocybin. Cities around the country decriminalized (and more are decriminalizing) a host of other psychedelics. Ketamine clinics are popping up around the county. Next up is MDMA (referred to in some forms as “ecstasy”). Today, we’re going to talk about
As we have written about before, the corporate practice of medicine doctrine (“CPOM”) is a creature of state law (click here to review a prior post on CPOM). While some states do not have a CPOM doctrine (like Florida), other states have very strict CPOM doctrines (like New York and California). At its core, CPOM
You are an experienced cannabis operator. You have dealt with nonsensical regulations. You’ve navigated the world of dealing with a highly regulated substance. You’ve solicited large investments and beat out your competitors. You’ve learned enough about corporate governance and tax to go toe to toe with the best. Think you can easily pivot to the
The Physician Self-Referral Law, commonly referred to as the Stark law (42 U.S.C. § 1395nn), is one of several federal fraud and abuse laws. We have previously written about the federal anti-kickback statute (“AKS”) (click here to review). While the two laws may seem similar at first, they have very different rules and penalties. The
Many ketamine clinics enter into management agreements with management services organizations (“MSO”). The MSO provides a litany of services to the professional entities (“PE”) that are owned by healthcare providers, including billing and collections, financial and accounting services, providing space to the clinic through a lease, strategic planning, marketing, and many other types of management
The corporate practice of medicine doctrine (“CPOM”) and state anti-kickback prohibitions vary from state to state. While some states have statutory prohibitions, other states rely upon case law for CPOM. These issues are typically not heavily litigated. When there is case law covering these subjects, it is imperative to review and understand these decisions. They
In a prior post, we discussed some of the various Federal laws that apply when a ketamine clinic is a Medicare provider (or accepts reimbursement from another Federal program, like Medicaid, the VA, etc.). Click here to review the post. While other Federal laws apply in these situations (e.g., the Stark Law, the Federal False
