Another Reason that the Medical Spa Business is SOOO Difficult

One of the challenges that I have routinely encountered is that there is another attorney involved in a medical spa matter and he or she does not know the legal nuances of the industry. Recently, I had an attorney that was resisting a critical course of action for a medical spa.

The attorney was not well versed in these areas and kept requesting support for my position on HIPAA. She wanted me to show her where it is necessary to include a Business Associate Agreement in a medical spa setting. This is a basic thing for a medical spa and it is not written anywhere that "medical spa, you must do this". The law does not work that way in this country. It is subject to interpretation. however, this was a basic tenet of medical spa law.

It is difficult to sometimes say why something is "necessary" in this area of law. In this instance it was prudent to complete a Business Associate Agreement (BAA). My argument then became, "there is NO harm in completing a BAA, and potentially tremendous harm in NOT executing one, so why not complete one"?? More resistance.

There are two basic lessons here...first, realize that when an attorney, in any area of law, is unfamiliar with a particular issue, they will reject it and say no because they are not comfortable in agreeing with the position on the issue.

Second, always entrust your counsel and guidance to an attorney that is well versed in the issues you face. All too frequently, I get referred to someone's "attorney" in a complicated business matter and it turns out that the attorney handled a personal injury claim for them!!