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Name, Image, and Likeness Agreements in Healthcare

Client Alert

Have you worked hard to cultivate your brand as a healthcare provider? If so, executing a Name, Image, and Likeness (“NIL”) agreement may be of interest to you. NIL agreements are contracts that allow an individual to profit from their name, image, and likeness. Specifically, these agreements protect an individual’s brand by defining how others can utilize their name, image, and likeness in advertisements, sponsorships, and endorsements, and the compensation the individual will receive as a result. NIL agreements are typically used in the context of athletics, such as enabling student-athletes to profit from their personal brand. However, NIL agreements have recently proved to be useful in other areas. For example, some healthcare providers have begun to utilize NIL agreements to promote the brand they have created through their healthcare practice.  Most recently, we have seen the most healthcare NIL activity with longevity and wellness providers, as well as orthopedics.  

Depending on who wishes to contract with a provider for NIL rights, there can be regulatory concerns.  Remember, healthcare is one of the most regulated industries in the United States!  If there is the potential to generate referrals for services that will be paid by a government health plan, NIL agreements must comply with applicable regulations that limit when and how a healthcare provider can accept payment for certain referrals, such as the Anti-Kickback Statute and the Physician Self-Referral Law, commonly known as the Stark Law. Conversely, if there are no third-party reimbursements possible (i.e. a contract with a sporting goods store), then the regulatory landscape looks different. In addition, any anecdotal information the healthcare provider chooses to share is subject to the Health Insurance Portability and Accountability Act (“HIPAA”), meaning that all identifying patient information must be removed.  

The Federal Trade Commission (“FTC”) also has standards that healthcare providers must follow when advertising. Healthcare providers should ensure that any NIL agreements meet the FTC standard for medical advertising, and that any statements made by the healthcare provider are true, not materially misleading, and are supported with scientific evidence.       

We recommend engaging an attorney to draft or review your healthcare NIL agreement to ensure that it complies with the complex and changing regulations, and that it ultimately protects your interests.

To learn more about how healthcare NIL agreements could impact your practice, please contact BMD Member Jeana Singleton at jmsingleton@bmdllc.com or 330-253-2001.         


House Republicans Propose Cuts to Medicaid to Finance Savings

House Republicans have introduced legislative language that proposes substantial cuts to the Medicaid entitlement program, aiming to achieve significant budget savings through policy changes. The proposed measures include stricter eligibility verification, work requirements for certain adults, and federal funding cuts to states providing coverage to undocumented residents. The Congressional Budget Office (CBO) estimates that the proposed healthcare provisions would reduce spending by $715 billion and could result in 8.6 million fewer people having health insurance by 2034.

Protecting Your Image in the Age of AI-Generated “Deepfakes”

The rapid evolution of artificial intelligence (AI) has transformed how we create and consume digital content, but it also poses significant risks. Among the most troubling developments in AI is the proliferation of AI-generated fraudulent content, often called “deepfakes”.

Tariffs, Market Downturn, and Employment Considerations for Employers

As tariffs continue to impact various industries, employers must prepare for the ripple effects these economic pressures can have on workforce management. The economic impact can dramatically impact companies’ bottom lines, and companies look to improve finances and save for the future and many will choose to reduce employee count/wages.

Corporate Transparency Act Overhauled: U.S. Entities No Longer Required to Report

The Department of Treasury has issued an interim final rule significantly altering the Corporate Transparency Act (CTA). As of March 21, 2025, all U.S.-created entities and their beneficial owners are exempt from reporting requirements. Only non-U.S. entities registered to do business in the U.S. must still report, but they are not required to disclose U.S. citizen owners. Business owners should stay informed on these changes and consult legal counsel for compliance guidance.

ODM to Implement Medicaid Work Requirements: What Providers and Medicaid Expansion Recipients Need to Know

The Ohio Department of Medicaid (ODM) has submitted a waiver to impose work requirements for Medicaid expansion recipients. If approved, the new eligibility criteria will take effect on January 1, 2026. A federal public comment period is open until April 7, 2025.