dmt

DMT Therapy: Coming to a Clinic Near You?

DMT, or N, N-dimethyltryptamine is a powerful psychedelic. DMT, like its sister psychedelics (LSD, MDMA, psilocybin … and even marijuana), is a Schedule I controlled substance. So according to the DEA, its abuse potential is high and it has no medical use. Also, according to the DEA, “the history of human experience probably goes back

Here's How MDMA Will be Regulated

Here’s How MDMA Will be Regulated

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

wonderland miami psychedelic business

Dispatches from Wonderland Miami

Microdose hosted its annual psychedelics conference in Miami last week (appropriately titled “Wonderland”). We were there, meeting industry insiders and clients, and keeping on the cutting edge of the psychedelics space. For our readers who weren’t able to make it, here are some of our key takeaways from two days of all things psychedelics: Everyone

psilocybin controlled substances act reschedule

A Strategy for Rescheduling Psilocybin

Public and scientific interest in psychedelics such as psilocybin and MDMA is expanding. Once off-limits because of federal prohibition, a trickle of research from the 1990s has grown into a stream. But despite increasing acceptance by the public, and commercial investment in psychedelic therapies, aging federal laws stem the flow of vital research. Psilocybin, a

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 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. §

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Ketamine, Internet Prescribing, and Telehealth– Say What?

The recent uptick in ketamine clinic and management service organization (“MSO”) clients at our law firm is pretty significant. It’s understandable given the groundswell of momentum behind state and local legalization and decriminalization of certain other psychedelics. Many companies that are exploring psychedelic medicines are making their way into the ketmaine space. Unlike psilocybin though

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

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Ketamine Clinics and Compliance Plans

In prior posts, we discussed some of the common due diligence and compliance issues for ketamine clinics (see here and here). In this post, we discuss a healthcare compliance plan and the importance of having one in place for ketamine clinics. The Department of Health and Human Services (“HHS”) (which houses, among other agencies, the