Episode 09 - The Functional Lawyer’s Playbook: Telemedicine, Consents, and Medicare Opt-Out for Integrative Practices with Lawyer Scott Rattigan

In this episode, brothers Dr. Erik and Dr. Davin Lundquist interview attorney Scott Rattigan (“The Functional Lawyer”) about the legal landmines and best practices for running integrative/functional medicine and concierge-style clinics. Scott emphasizes that re-labeling clinical care as “coaching” does not avoid medical practice laws—especially for telemedicine across state lines—and can also jeopardize malpractice coverage if something goes wrong. The conversation also clarifies “scope of practice” versus “standard of care,” arguing that additional training and documentation (clear consents, clear patient agreements, and expectation-setting) materially reduces risk and disputes. Finally, they cover Medicare realities (including that opt-out is effectively all-in or all-out), plus practical guidance like remaining “ordering/certifying” so patients can still have Medicare cover tests and prescriptions through third parties.Scott's BookThe Practice of Telemedicine: A Complete Legal Guide for Licensed Healthcare Professionals