Michael H. Cohen is a thought leader in health care law, pioneering legal strategies and solutions for clients in traditional and emerging healthcare markets.
He represents a broad range of healthcare providers, including medical and osteopathic doctors; psychologists, nurses, dentists and other allied health professionals; and complementary and alternative medicine practitioners such as chiropractors, acupuncturists, and massage therapists. His clients include clinical care facilities, dietary supplement companies, healthcare educational institutions, health insurance organizations, medical spas, medical device makers, telemedicine providers, and entrepreneurs in the health, wellness, and lifestyle industries.
Clients nationwide seek Mr. Cohen’s advice on business structure and entity formation; credentialing, licensing, and scope of practice concerns; professional disciplinary matters; employment contracts; informed consent and malpractice liability issues; HIPAA and other regulatory compliance; Stark, self-referral, anti-kickback, patient brokering, and fee-splitting questions; dietary supplement labeling; medical device and other FDA matters; website disclaimers and review of marketing materials; and other advice. Mr. Cohen is also highly sought after for special legal counsel by other attorneys and law firms in the areas of complementary/integrative medicine and aesthetic/cosmetic medicine.
Mr. Cohen graduated from Columbia University (B.A.); Boalt Hall School of Law at the University of California, Berkeley (J.D.); the Haas School of Management at the University of California, Berkeley (M.B.A.); and the Iowa Writers’ Workshop at the University of Iowa (M.F.A.). In law school, he served as an editor of the California Law Review. He also attended the Medical Institute for Law Faculty at the Cleveland Clinic. Following law school, he served as judicial clerk for the Honorable Thomas P. Griesa, United States District Judge in the federal Southern District of New York.
Mr. Cohen was an associate in the Corporate Department at Davis Polk & Wardwell, focusing on banking, securities law, and mergers & acquisitions. He then was on the faculty of several law schools, teaching civil procedure, conflicts of laws, constitutional law, criminal law, health law, and insurance law. From 2000-2005, he served as Director of Legal Programs at the Center for Alternative Medicine Research and Education (Beth Israel Deaconess Medical Center), and then the Harvard Medical School Division for Research and Education in Complementary and Integrative Medical Therapies and Harvard Medical School Osher Institute. He was also Assistant Professor of Medicine at Harvard Medical School, with a joint appointment as Assistant Adjunct Professor in the Department of Health Policy and Management at the Harvard School of Public Health.
While at Harvard, Mr. Cohen was Principal Investigator on two grants, Legal and Social Barriers to Alternative Therapies (National Library of Medicine at the National Institutes of Health) and Pediatric Use of Complementary Therapies by Parents: Ethical and Policy Choices (Greenwall Foundation), and Co-Investigator on several other funded projects, including Models of Integrative Care in an Academic Health Center. Among his activities, Mr. Cohen pioneered the course, “Complementary and Alternative Medicine: Health Law and Policy” at the Harvard School of Public Health. He also was awarded a Fortieth Anniversary Senior Fellowship at the Center for the Study of World Religions, Harvard Divinity School.
Mr. Cohen has published over 100 articles, and books including: Creative Writing for Lawyers (Citadel Press, 1990); Complementary and Alternative Medicine: Legal Boundaries and Regulatory Perspectives (Johns Hopkins University Press, 1998); Beyond Complementary Medicine: Legal and Ethical Perspectives on Health Care and Human Evolution (University of Michigan Press, 2000); Future Medicine: Ethical Dilemmas, Regulatory Challenges, and Therapeutic Pathways to Health and Healing in Human Transformation (University of Michigan Press, 2003); Legal Issues in Integrative Medicine (NAF Press, 2005); and Healing at the Borderland of Medicine and Religion (University of North Carolina Press, 2005).
Following a successful academic career, Mr. Cohen returned to the practice of law and became Principal of the Michael H. Cohen Law Group.
In addition to his professional activities, Mr. Cohen received certification as a Registered Yoga Teacher. He also trained in mediation at the Center for Dispute Resolution in Santa Monica. Whether advising start-ups or established companies, he brings his entrepreneurial spirit and caring insight to cutting-edge legal and regulatory challenges.
Mr. Cohen is admitted to practice in California, Massachusetts New York, and Washington, D.C. He is a member of the American Health Lawyers Association, the California Society of Healthcare Attorneys, and the Los Angeles County Bar Association.
Selected Articles by Michael H. Cohen in Peer-Reviewed Medical Journals
- Reconstructing The Implied Covenant of Good Faith and Fair Dealing as a Tort, 73 Calif. L. Rev. 1291 (1985)
- A Fixed Star in Health Care Reform: The Emerging Paradigm of Holistic Healing, 27 Ariz. State L. J 79 (1995)
- Holistic Health Care: Including Complementary and Alternative Medicine in Insurance and Regulatory Schemes, 38 Ariz. L. Rev. 83 (1996).
- Toward a Bioethics of Compassion, 28 Ind. L. Rev. 667 (1995)
- U.S. Dietary Supplement Regulation: Belief Systems and Legal Rules, 11:1 Hastings W. Law J. 3 (2000)
- Complementary and Integrative Medical Therapies, The FDA, and The NIH: Definitions and Regulation, 16 Derm. Ther. 77 (2003)
- Negotiating Integrative Medicine: A Framework for Provider-Patient Conversations, 30:3 Negotiation J. 409 (2004)
- Healing at the Borderland of Medicine and Religion: Regulating Potential Abuse of Authority by Spiritual Healers, 18:2 J. Law & Relig. 373 (2004)
- Regulating Healing, 78:4 St. John’s L. Rev. 1167 (2005)
- And more than 75 additional book chapters and articles, in publications including:
- Annals of Internal Medicine
- Archives of Internal Medicine
- Clinical Researcher
- Current Practice of Medicine
- Dermatological Therapies
- Epilepsy & Behavior
- Journal of Medical Ethics
- Journal of Pediatric Hematology/Oncology
- Medical Journal of Australia
- Virtual Mentor (American Medical Association)