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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111567
Experience:  20+ Years of Employment Law Experience
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Can a laboratory management company act a a staffing agency?

Customer Question

Can a laboratory management company act a a staffing agency?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Can you please more fully explain your situation and your question so we have enough details to answer your question?

Customer: replied 1 year ago.
I have a medical laboratory distributor business, where i help physicians set up laboratories in their office.
I supply them with equipment, reagents, provide a turn key solution
So i wanted to know if I can employ Laboratory Technologists and staff them on the need basis to doctors
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

This is going to be a potential Stark issue, it comes under the new ancillary services for office staffing exception. So you could legally provide laboratory management and staffing to doctors without violating the Stark provisions. As long as you are providing an actual service to the doctor for their ancillary services, you could do this.

If you are in NYC, you will likely need an employment agency license, but your company can provide the staffing still (with the NYC license if you are in NYC) to the labs that you are setting up.

The NY law on corporations or LLC is that they can perform any business that can lawfully performed in NY or the US. So you can run multiple businesses out of one business.

Customer: replied 1 year ago.
Can you help me with the agreements?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I am afraid that preparing agreements is considered representation and that is forbidden by state laws and also under site policy. We can provide information to customers, but cannot engage in any representation, that is beyond the scope of what we are allowed to do. I apologize for that, but you would need to get a local attorney to do those agreements for you.

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