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James A. Shannon

Principal
Albany

P 518-512-8700
F 518-242-7730
James.Shannon@jacksonlewis.com

Biography

James A. Shannon is a Principal in the Albany, New York, office of Jackson Lewis P.C. He has 18 years of experience in health care law representing a wide selection of health care providers, from large institutions to individual practitioners.

Mr. Shannon regularly counsels a variety of health care providers, including general hospitals, nursing homes, assisted living facilities, adult homes, managed long term care plans, home care agencies, adult day care providers, substance abuse treatment providers, physicians and trade associations. He provides regulatory guidance on federal, state and local laws and standards applicable to such health care entities and professionals. This includes the Medicare Conditions of Participation, Medical Assistance Program (Medicaid), New York State statutes (e.g., Public Health Law, Mental Hygiene Law, Social Services Law, and Not-For-Profit Corporation Law), New York City Charter and Administrative Code, Code of Federal Regulations (e.g., Titles 42 and 45), New York Codes, Rules and Regulations, Rules of the City of New York, Centers for Medicare & Medicaid Services Manuals and Transmittals, administrative directives issued by the New York State Department of Health and accreditation standards.

Additionally, Mr. Shannon counsels health care providers on the application of federal and state fraud and abuse laws (e.g., Anti-Kickback and Stark), establishment, surveys, professional misconduct standards and data privacy laws. He also advises health care providers on interactions with patients and residents, including patient/resident admissions and discharges, incident reports and surrogate decision making.
 
Mr. Shannon also assists health care providers with a range of transactional issues, including contractual arrangements with other health care entities, physician employment contracts, professional services agreements and vendor contracts. He also has experience litigating health care cases at the trial level, in intermediate appellate courts, and at the highest levels of the state and federal appellate court systems. This includes challenging New York health care statutes and regulations in state and federal courts. He also has experience resolving disputes between health care providers and handling enforcement actions brought against providers in administrative and court proceedings.

Mr. Shannon honorably served for four years in the U.S. Marine Corps.

Professional Associations and Activities

  • American Health Lawyers Association
  • New York State Bar Association, Health and Elder Law Sections

Published Works

  • “Billing and Reimbursement Issues for the Physician Office,” New York State Bar Association Legal Manual for New York Physicians, Fourth Edition (2014) [Co-Author]
  • “Significant Developments in Health Care Law,” Albany Health Care Law Newsletter (November 2012) [Contributing Author]
  • “Billing and Reimbursement Issues for the Physician Office,” New York State Bar Association Health Law Journal (Winter 2012) [Co-Author]
  • “Health Care News,” Health Care Law Newsletter (July 2011) [Contributing Author]
  • “Health Care News,” Health Care Law Newsletter (April 2011) [Contributing Author]
  • “Billing and Reimbursement Issues for the Physician Office,” New York State Bar Association Legal Manual for New York Physicians, Third Edition (2011) [Co-Author]

See AllPublications

November 28, 2016

Long-Term Care Facilities: Recent Developments on Use of Arbitration Agreements

November 28, 2016

Three cases making their way through the courts demonstrate that the question of arbitration clauses in long-term care (LTC) facility admission agreements is an active and developing area of the law. CMS Rule Case The Centers for Medicare & Medicaid Services (CMS) had issued a final rule prohibiting LTC facilities from... Read More

October 5, 2016

Long-Term Care Facilities: New Rule Imposes Significant Changes, including Bar on Pre-Dispute Arbitration Agreements

October 5, 2016

Skilled nursing facilities participating in the Medicare program and nursing facilities in the Medicaid program are prohibited from including a mandatory pre-dispute arbitration clause in their contracts with individuals seeking admission to long-term care (LTC) facilities under a final rule from the Centers for Medicare & Medicaid... Read More