We Represent Healthcare Marketers in All Transactional, Compliance, and Enforcement Matters

Marketing in healthcare is unique when compared to marketing in any other industry. Healthcare marketing is affected by both the consumer protections surrounding marketing practices in the U.S. and the complex laws and regulations that govern the healthcare industry. Because marketing in healthcare leads to either a patient’s use of a healthcare item or service or payment by the taxpayer, healthcare marketers must carefully navigate the laws, and they must be prepared to defend against allegations of deceptive marketing, fraud, and other statutory and regulatory violations when necessary.

Our Services for Healthcare Marketers

While most attorneys focus their efforts on licensed providers alone, we assist healthcare marketers with all transactional, compliance, and operations matters. Our clients range from individual marketers to large marketing companies, and while we work with several of our clients on an as-needed basis, we also serve as outside general counsel to many healthcare marketers. We work hard to gain in-depth familiarity with our clients’ operations, and communicate with many of our clients daily to help them make informed decisions.

Some of the services we provide to our healthcare marketing clients include:


Healthcare marketers must carefully structure their transactions with providers to avoid violations of the Anti-Kickback Statute (AKS), the Eliminating Kickbacks in Recovery Act (EKRA), and other pertinent laws and regulations. We help our clients maintain compliance with Federal and State laws while also thoroughly addressing all other pertinent transaction-related risks and opportunities.

General Regulatory Compliance

Like all participants in healthcare, marketers are subject to extensive regulatory compliance requirements. Our team has provided on-site and virtual trainings about how marketing in the healthcare space is regulated. We work closely with our clients to help them develop and implement effective regulatory compliance into their practices, and we assist with internal monitoring, education, and enforcement.

Fraud and Abuse

The laws regulating marketing in healthcare can be violated by both marketers and the businesses they market. Violations of these laws don’t just fall on the industry participants: marketers can face severe civil or criminal penalties when accused of fraud and abuse. We advise on all types of fraud and abuse allegations in state and federal investigations and enforcement proceedings.

Speak with Healthcare Marketing Lawyer at Silverman Bain, LLP

If you need to know more about the laws and regulations that govern healthcare marketing, we encourage you to get in touch. These are issues we deal with every day. To speak with an experienced attorney at Silverman Bain, LLP in confidence, contact us today.