Health Care

We provide comprehensive representation to a wide variety of health care clients, including major health care delivery systems, acute care and special hospitals, med spas, assisted living providers, long term care facilities, home health agencies, ambulatory care facilities, managed care organizations, and physician providers from major independent practice associations (IPAs) to smaller groups and individual physicians.

Our combination of skills and expertise in diverse fields of law such as corporate, reimbursement, financing, tax, land use, building construction, and labor, together with our extensive experience in health care, are all brought to bear in assisting our clients to negotiate contracts with payors; establish PHOs, PPOs, and other managed care entities; develop affiliations; create joint ventures; obtain certificates of need; and perform all the other legal tasks which must be accomplished in today’s environment.

• Transactional Review of Compliance with Health Care Laws
  • Fraud & Abuse
  • Stark
  • Codey
  • Corporate practice of medicine
  • HIPAA
• Physician Representation
• Purchase and sale, consolidation or merger of physician practices
• Advice concerning business organization and corporate matters
• Shareholder Agreements and LLC Operating Agreements
• Counsel regarding regulatory matters and legal issues
• Licensure and Board of Medical Examiners representation
• Physician Recruitment and Retention
• Negotiation and preparation of contracts with staff physicians
• Counsel regarding recruitment and retention of physicians to serve established needs in the community
• Medical Staff
• Drafting, interpreting and applying provisions of medical staff bylaws, rules, and regulations
• Counsel regarding denial, suspension, revocation or change of staff privileges
• Managed Care Contracts
• Contract negotiation
• Ongoing counsel and problem-solving
• Reimbursement and Payment Systems
• Medicare, Medicaid, and third party payors
• Issuance of provider certifications
• Establishment of appropriate assignment
• Interpretation of reimbursement principles
• Structuring of contracts between providers and health maintenance organizations (HMOs), preferred provider organizations (PPOs) and other managed care entities
• Certificate of Need
• Extensive experience with health planning matters, including those which require certificate of need approval; new and reinstituted services; creation of new entities by or on behalf of health care providers; and increases or decreases in bed capacities.
• Representation of hospitals and long term care facilities objecting to applications for certificates of need in cases in which the interests of the client and the community were served
• Patient Treatment
• Development of policy guidelines
• Drafting of documentation
• Consent requirements
• Patient rights to refuse treatment or surgery
• Rights of psychiatric and AIDS patients
• Policy Manuals
• HIPAA and other health care law compliance
• Employment
• Labor and Employment
• Employment policies and procedures
• Union avoidance
• Wage and hour disputes
• Employment termination and discrimination issues
• Executive compensation arrangements
• Negotiation of labor contracts
• Representation before state and federal courts and agencies involving representation petitions and unfair practice labor disputes
• Mergers and Affiliations
• Hospital mergers, acquisitions or affiliations with other providers
• Horizontal integration of physician organizations with other providers
• Taxation
• All aspects of federal, state, and local taxation
• Procurement of tax exemption determinations
• Advice on unrelated trades and businesses, joint ventures, the maintenance of exempt status, and integrated health care delivery systems, including components such as PHOs, IPAs, PPOs, and others
• Exemption from real estate, sales and use taxes
• Medical Malpractice Defense
  • Hospitals
  • Hospital employees
  • Physicians and other providers