Retail Clinics in Healthcare: Overcoming Complex Legal Challenges

Retail Clinics in Healthcare: Overcoming Complex Legal Challenges

Complying With Corporate Practice of Medicine, Licensure, and Scope of Practice Laws; Negotiating Shopping Center Leases

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, March 11, 2015
Recorded event now available

This CLE webinar will provide healthcare counsel with a review of the key legal and business issues involved with retail clinics. The panel will offer guidance on the formation, operation and leasing related to retail clinics.


Retail clinics are growing in number to meet the needs of patients who want quick access to basic healthcare services. Clinics are popping up at shopping malls, big box stores such as Target, and more traditional pharmacies like CVS and Walgreens. Some retail clinics are owned by the retailer while others may be connected with physician practices or other healthcare providers.

With the increase in healthcare exchange enrollment and rising deductibles, retail clinics provide attractive, profitable opportunities for hospitals, physician groups, retailers and private investors. However, there are several key considerations that counsel must keep in mind before inking a deal. For example, what are the laws concerning the corporate practice of medicine, and what is a permissible scope of service that may be provided by a non-physician?

Further, when leasing retail space for medical use, counsel should carefully analyze important lease provisions, including zoning and land use considerations, environmental liability, and use of premises by others, to ensure regulatory compliance.

Listen as our authoritative panel of healthcare attorneys discusses the key legal and business considerations with retail clinics. The panel will discuss important structural, legal and business concerns related to the formation, operation and leasing for retail clinics.


  1. Key legal considerations
    1. Corporate practice of medicine
    2. Scope of practice
    3. Regulatory and licensing requirements
  2. Key business considerations
  3. Negotiating retail space leases
  4. Best practices


The panel will review these and other key questions:

  • What key legal considerations should healthcare counsel consider when clients are contemplating operating a retail clinic?
  • What limitations do corporate practice of medicine and scope of practice laws have on retail clinics?
  • What factors should healthcare counsel take into account when leasing retail space for a clinic?


Patricia S. Hofstra, Partner
Duane Morris, Chicago

Ms. Hofstra’s practice focuses on health law, advising healthcare providers and companies in business, regulatory and litigation matters. She has extensive experience in business transactions involving healthcare entities, medical staff matters, government and third-party audits, licensure and regulatory matters, contracting, joint ventures and information technology. She regularly advises clients on fraud and abuse, governance, Stark and regulators compliance.

Lester J. Perling, Partner
Broad and Cassel, Ft. Lauderdale, Fla.

Mr. Perling’s practice focus on health law. He has more than 10 years of experience as a health care executive. He is a frequent national author and lecturer on various health law and health management topics. Mr. Perling’s many published works include: “Medicare Claims Appeals Process Handbook,”;”Overview of the Medicare Parts A & B Claims Appeal Process” Chapter in 2009 Medicare and Medicaid Reimbursement Update published by Aspen Publishing and edited by Andrew D. Ruskin; and “Health Care: Whistleblowers Get More Power” article in a June 2009 issue of the National Law Journal.


Categories: Business, Legal, Resources

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