Ethan Minkin

Ethan Minkin is a seasoned attorney and has counseled clients on a wide variety of matters. His expertise includes complex transactions, healthcare regulatory matters, corporate bankruptcies and complex litigation. Ethan has handled hundreds of closings, from mergers and acquisitions to finance deals and securitizations. He has also litigated hundreds of matters in his career, having been involved in many high profile cases. Ethan has also counseled clients for cannabis related matters, including acquisitions, litigation and regulatory advice. He is currently assisting clients with cannabis regulatory issues.

Ketamine Clinic Acquisitions: Get the Law Right BEFORE the LOI

Ketamine Clinic Acquisitions: Get the Law Right BEFORE the LOI

We often receive calls from potential ketamine clinic clients that just signed a letter of intent (“LOI”) or term sheet to acquire entire medical practices that are undertaking ketamine treatments. In the psychedelics space, many companies are starting off with off-label ketamine treatments while building towards a bigger suite of psychedelic services as the laws

Breaking News – Lawsuit Filed to Enjoin Arizona’s Social Equity Program Regulations

On November 18, 2021, the Greater Phoenix Urban League and Acre 41 Enterprises, LLC (the “Plaintiffs”), sued the State of Arizona, the Arizona Department of Health Services (the “Department”), Governor Ducey, and the Director of the Department for their purported failure to implement the social equity provisions of Proposition 207 by issuing final regulations that

ketamine clinic stark law

Ketamine Clinics and the Stark Law – Part I

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

ketamine clinic joint venture aks hhs audit

Ketamine Clinics and Joint Ventures: The Office of Inspector’s Concerns

As the economy continues to flourish, there is a proliferation of merger and acquisition activity in the healthcare space. We continue to see a rise in ketamine clinic acquisitions as well as investors who are starting management services organizations (“MSO”) to assist such clinics with their administrative burden. Likewise, we have seen an increase in

ketamine washington mso corporate practice of medicine

Washington State’s Corporate Practice of Medicine Doctrine: A Minefield for Ketamine Management Services Organizations

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

cannabis marijuana bankruptcy

Cannabis Bankruptcy 101

In a prior post, we discussed some of the emerging trends for cannabis-related companies that seek bankruptcy protection (click here to view the prior post). But, in the first instance, the question is whether a cannabis-related company can file for bankruptcy relief? This post will examine the first decision from Arizona in the case of

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

In a prior post, we discussed the federal anti-kickback statute (the “AKS”) and the implications for ketamine clinics. In short, the federal AKS prohibits anyone from paying or receiving anything of value for the referral of patients where a federal government healthcare payment program is the payor (e.g., Medicare, Medicaid, VA, etc.). 42 U.S.C. §

ketamine clinic anti-kickback

Ketamine Clinics and the Federal Anti-Kickback Statute: Beware!

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