Healthcare entrepreneurs, physicians, non-physician providers, investors, and healthcare businesses often rely on a properly structured MSO to achieve their ownership and growth objectives while complying with complex healthcare regulations.
Jackson LLP helps clients form compliant MSOs, draft management services agreements, and structure healthcare businesses that align with state and federal requirements. Working with an experienced management services organization attorney reduces the risk of violating corporate practice of medicine (CPOM) restrictions, state licensing laws, fee-splitting prohibitions, and federal fraud and abuse regulations.
MSO Legal Services for Healthcare Businesses
Every MSO arrangement must be carefully structured during the business formation process to address CPOM requirements, the Anti-Kickback Statute, the Stark Law, fair market value standards, and state fee-splitting restrictions.
As a management services organization lawyer and healthcare-focused law firm, Jackson LLP helps clients build, review, and maintain MSO structures designed to withstand regulatory scrutiny while supporting long-term business objectives.
Our MSO Legal Services Include:
- MSO Entity Formation (LLC or Corporation): We establish the management company entity and create a legal framework that supports compliant ownership, operations, and growth for healthcare business and practice startups.
- Professional Entity Formation for Licensed Practices: We form physician-owned and provider-owned professional entities and coordinate the ownership structure with the MSO arrangement.
- Management Services Agreement (MSA) Drafting and Negotiation: We prepare and negotiate the MSA (the legally binding contract governing the relationship, fee structure, and each party’s rights and obligations) to support compliance and operational clarity.
- MSA Review and Restructuring: We review existing signed agreements, identify compliance concerns, and revise arrangements that may expose owners to regulatory or operational risk. Businesses often seek a management services agreement attorney when expanding, adding investors, or responding to changing regulations.
- Collaborative Agreement Drafting: We prepare agreements that allow qualified providers to expand services within applicable legal and regulatory frameworks.
- Standard Operating Procedures (SOPs): We develop SOPs that document clinical independence, clarify responsibilities, and support compliance with CPOM requirements.
- Compliant Compensation and Management Fee Structuring: We structure management fees and compensation arrangements to align with fair market value principles and applicable healthcare regulations, including laws addressing fraud, waste, and abuse.
- Employment and Independent Contractor Agreements: We draft agreements for management company personnel, executives, providers, and contractors supporting the MSO.
- Ongoing Compliance Counsel for Operating MSOs: We provide ongoing legal guidance as healthcare businesses grow, add services, expand into new states, or pursue investment opportunities.
Whether you need an MSO attorney, MSA lawyer, or a healthcare attorney for another purpose, our team provides legal guidance tailored to your ownership model and business objectives.
Healthcare Practices and Businesses We Serve
Different healthcare organizations use MSOs for different reasons. Jackson LLP works with a wide range of healthcare clients to structure ownership arrangements that support growth while addressing regulatory requirements specific to their business model.
- Physicians and Physician Groups: Physicians often use MSOs to separate administrative and clinical functions, improve operational efficiency, and prepare for private equity investment or practice transactions.
- Non-Physician Practitioners (NPs, PAs, LCSWs, Therapists): Non-physician providers frequently work with an MSO formation lawyer to establish compliant ownership structures in states with CPOM restrictions.
- Med Spa and Aesthetic Practice Owners: Med spas commonly rely on MSOs to structure relationships between business owners and licensed providers while maintaining regulatory compliance.
- Telehealth Companies and Health Tech Startups: Telehealth organizations use MSO structures to support provider network models, multi-state operations, and scalable healthcare delivery systems.
- Mental Health Group Practice Owners: Mental health practices often implement MSOs when expanding services, adding prescribers, or operating across multiple states.
- Healthcare Entrepreneurs and Non-Physician Investors: Entrepreneurs entering the healthcare industry frequently use an MSO setup attorney to develop compliant ownership structures that support their investment.
- Private Equity and Investment Groups: Investors use MSOs to participate in healthcare ventures while navigating ownership restrictions and regulatory requirements.
Clients seeking an MSO healthcare attorney or management services agreement lawyer often face distinct business objectives that require customized legal solutions rather than standardized documents.
Why Healthcare Businesses Work With an MSO Attorney
A poorly structured MSO can create regulatory, operational, and transactional challenges that become increasingly difficult to correct as a business grows. Working with a knowledgeable management services organization attorney helps identify risks early and establish a structure that supports future expansion, investment, and operational stability.
Jackson LLP advises healthcare clients across multiple states on MSO formation, MSA drafting, compliance planning, ownership structuring, and healthcare business transactions. Whether you need an MSO attorney, MSO formation lawyer, MSO setup attorney, MSA healthcare lawyer, or management services organization lawyer, our team provides practical legal guidance aligned with your specific goals.
Work With a Jackson LLP Healthcare MSO Attorney
Getting an MSO structure wrong can affect ownership rights, compensation arrangements, regulatory compliance, future transactions, and business growth. These issues often become more expensive and disruptive to address after operations are underway.
Jackson LLP structures MSOs for healthcare entrepreneurs, physicians, provider groups, investors, telehealth companies, mental health practices, med spas, and healthcare businesses operating across multiple states. Our attorneys regularly advise clients on entity formation, management services agreements, compensation models, compliance planning, and ownership structures designed for long-term success.
If you are evaluating an MSO arrangement, forming a new healthcare business, or restructuring an existing model, schedule a consultation to discuss your ownership goals and the legal framework needed to support them.
Free Attorney Consultation
Â
Frequently Asked Questions About MSO Legal Services
Do I Need an Attorney to Set Up an MSO?
Yes. Structuring a management services organization (MSO) without legal guidance can create significant risks. An improperly formed MSO may violate state corporate practice of medicine (CPOM) laws, federal fraud and abuse regulations, or state fee-splitting restrictions. This could potentially expose owners and care providers to licensing issues, reimbursement disputes, audits, or other enforcement actions. An MSO attorney helps structure the arrangement, draft the necessary agreements, and establish compliance safeguards designed to support long-term operations.
What Is a Management Services Agreement (MSA) and What Should It Include?
A management services agreement (MSA) is the legally binding contract between an MSO and a healthcare practice. It governs the business relationship between the parties and outlines the non-clinical services the MSO will provide. An MSA should address the scope of services, management fee structure, payment terms, term and termination provisions, indemnification clauses, restrictive covenants, and the separation of administrative and clinical responsibilities. Because the MSA serves as the foundation of the MSO relationship, it should be drafted or reviewed by a healthcare attorney familiar with MSO compliance requirements.
How Long Does It Take to Set Up an MSO?
The timeline for forming an MSO depends on the complexity of the arrangement, the number of owners involved, applicable state laws, and the negotiation of the management services agreement. A straightforward single-state MSO structure can often be completed within a few weeks. More complex arrangements involving multiple states, investors, real estate transactions, or practice acquisitions typically require additional planning and documentation.
Can a Non-Physician Own an MSO?
Yes. One of the primary benefits of the MSO model is that the management company can often be owned by non-physicians, including healthcare entrepreneurs, investors, private equity groups, and family members of licensed providers. However, in states with corporate practice of medicine restrictions, the professional medical practice itself must remain owned by appropriately licensed healthcare professionals. A healthcare MSO attorney can evaluate applicable state laws and recommend a compliant ownership structure that fits your needs.
How Much Does It Cost to Work With Jackson LLP and What Can I Expect From the Process?
Jackson LLP begins with a free 15-minute consultation to discuss your business goals, ownership structure, and MSO-related legal needs. After the consultation, we provide a written proposal outlining the scope of work and flat-fee pricing for the project. Throughout the process, our attorneys guide clients through entity formation, management services agreement drafting, compliance planning, and the other legal considerations involved in launching or restructuring an MSO.