Attorneys for Pharmacy Ownership Matters

Owning and managing a pharmacy comes with many moving parts, and the lawyers at Norman Spencer Law Group can help ensure everything is consistently moving in the right direction. We help pharmacy owners, managers and professionals with related positions with matters involving the operation and ownership of pharmacies.

With more than a decade in the healthcare legal field, our clients have included licensed healthcare professionals and others in the healthcare industry. We’ve represented and assisted pharmacists, compounding pharmacies, drug manufacturers, home medical equipment providers and durable medical equipment suppliers, among many others.

When it comes to pharmacy ownership, our legal team can assist with:

• Business formation: Preparation, negotiation and review of operating agreements, franchise agreements, shareholder agreements and business documents; structuring the business of multi-location pharmacies.
• Business transactions: Preparation, negotiation and review of terms of sale, offers, letter of intent, purchase agreements and other documentation.
• Licensing and permits: Help securing required licenses and permits from federal and state agencies, even with prior criminal convictions or disciplinary actions.
• Licensure issues: License defense during disciplinary actions or investigations.
• Accreditation: Help securing accreditation for new pharmacies, dealing with issues related to loss of accreditation.
• Employment contracts: Preparation, negotiation and review of employee contracts for pharmacy staff, with a focus on compliance with federal and state Stark and anti-kickback laws.
• Policies and procedures: Review or development of policies and procedures manual to assist in establishing and maintaining compliance with federal and state regulations.
• Inspections and audits: Assistance with enforcement inspections and defense, as well as all types of audits, including addressing overpayment demands and any deficiencies.
• DEA registration: Help with matters related to DEA inspections or enforcement actions.
• Healthcare legal consult: Guide pharmacy owners, sales consultants and contractors to ensure no practices violate federal or state healthcare fraud laws.
• Healthcare fraud: Defense of civil and criminal charges associated with false claims or statements, Medicare fraud, Stark and anti-kickback violations.
• Reimbursement disputes: Help with disputes related to claims reimbursement from prescription drug plans, managed care organizations and third-party payors.
• CMS: Help with CMS enrollment and compliance matters.

Due to intense regulations, pharmacy ownership has many legal aspects that can get rather confusing and complicated. The pharmacy lawyers at Norman Spencer Law Group can help pharmacy owners navigate through them all, including business formation of a pharmacy.

Steps in the business formation process can include preparation or negotiation of ownership, shareholder or franchise agreements. Our attorneys can ensure those documents are solid and well-prepared, saving time and money if business disputes arise down the line.

We can also help pharmacy owners with business structuring and formation, preparation and filing of documents, and drafting and reviewing employment and other contracts. Additional legal assistance for pharmacies include helping with procedural and compliance issues, including obtaining the required licenses, permits, registrations and CMS enrollments.

Although purchasing an existing pharmacy may appear simpler than establishing a new pharmacy, it comes with its own set of legal issues. Our pharmacy attorneys can help during all phases of the pharmacy purchasing process.

We can review the history of the pharmacy to determine if it has had prior disciplinary actions or is presently under investigation. Our lawyers can also assist with purchasing negotiations and ensuring all elements of the sale are included in the purchase agreement.

Once the sale is made, employment contracts are another area with which our experienced healthcare lawyers can assist. We can also help with change of ownership applications, reporting required information to the appropriate authorities and fulfilling all other legal responsibilities that come with the purchase of a pharmacy.

Establishing and purchasing a pharmacy are just two of the pharmacy transactions with which our attorneys have extensive experience. We can likewise provide the necessary legal assistance required for:

• Selling a pharmacy, including negotiations, sales documents, terms of agreement and change of ownership requirements.
• Changing or adding pharmacy locations, helping with business structures for the new locations, proper transactional structure, and required licenses, permits and registrations.
• Closing a pharmacy, assisting with proper surrender of issued supplies and permits, required written notices, transfer of records and meeting all other federal and state regulations.

While it may be more difficult to obtain pharmacy application approval if you have prior criminal or disciplinary histories, it is possible in many cases. The attorneys at Norman Spencer Law Group can help pharmacists prepare applications that disclose required information in the most favorable light, limiting the information to only what is absolutely necessary.

One of the best ways to ensure your pharmacy venture is a successful is by building a firm foundation from the start. That’s exactly what our pharmacy lawyers can help you achieve. Schedule a consultation with one of our experienced legal team members today.