Article · Business

Who Is Allowed to Own Your Doctor: How Professional Practice Law Actually Works

42 U.S.C. § 1320

Type
Article
Jurisdiction
National
Date
2026-01-03
Topic
Business

In much of the country a corporation may not own a medical practice, and yet corporations effectively run thousands of them. This article explains how that happened and what the law actually requires. It covers the corporate practice of medicine doctrine and where it came from, the professional entity forms that satisfy it, and the management services structure that has grown up around it. It explains fee splitting prohibitions and why they constrain compensation arrangements that look ordinary in any other industry, and it works through the anti-kickback and physician self-referral statutes that overlay everything in health care. It covers what buyers actually diligence in a practice acquisition, the restrictive covenants that follow professionals across employers, and the antitrust and licensing constraints on professional self-regulation. It closes with what goes wrong and how these structures are unwound.

Who Is Allowed to Own Your Doctor: How Professional Practice Law Actually Works

Business > Professional Practices and Corporate Practice of Medicine | Published 3 January 2026 - Updated 14 June 2026 | UpLaw - uplaw.us

A structure that is everywhere and almost invisible

A dermatology group in a mid-sized city has eleven physicians, four locations, and a management team in another state. The signage, the website, the billing, the scheduling, the human resources function, the electronic health record, and the equipment all belong to a company that is owned by a private investment fund. The physicians are employed by a professional corporation whose sole shareholder is a single physician who may or may not practice at any of the four locations.

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