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Health Law and Transactions

Health care reform brought with it a new level of transactional and regulatory activity, which has a significant impact on the organization and operation of health care providers, physician practices and allied health care professionals.

Overview

Cognizant of the rapid changes impacting how health care providers must deliver services, as well as the daily challenges—and opportunities—of operating a provider entity or professional group, our Health Law and Transactions Practice Group assists clients with the entire range of legal, regulatory and transactional matters they may face in the constantly evolving health care environment. Our Health Law and Transactions Practice Group also works closely with our Government Relations Practice Group to address state and federal government matters impacting our health care clients. At all times, we pride ourselves on finding innovative and cost-effective approaches to serving our clients.

Our team of highly-skilled and experienced attorneys understands the impact of value-based purchasing, population health management and “accountable care,” for example, as well as the pressure on providers to consider restructures, enhanced consolidation, integration and coordination. We also recognize how technological changes in both the clinical care arena and in the ability of providers to communicate with other providers and patients have further increased the expectations placed on health care entities and professionals. With this knowledge and understanding in mind, we counsel a wide array of health care providers and professionals including, but not limited to the following:

  • Hospitals and Health Systems
  • Nursing Homes
  • Ambulatory Surgery Centers
  • Urgent Care Centers
  • Dialysis Clinics
  • Assisted Living Programs and Residences
  • Adult Day Care Programs
  • Certified and Licensed Home Health Agencies
  • Consumer Directed Personal Assistance Programs
  • Behavioral Health Providers
  • Health Care Associations
  • Managed Long Term Care Plans and Medicaid Managed Care Programs
  • Health Insurers
  • Physicians and Physician Groups
  • Medical Transportation/Ambulance Companies
  • Allied Health Professionals (Chiropractic, OT, PT etc.)

 

Our Health Law and Transactions team is a full-service health law practice which can provide all of the diverse services a client might need, including the following:

  • General Counsel Services to Provider Entities and Professionals
  • Provider Entity Formation/Establishment
    • Structure
    • Licensure/Certificate of Need
    • Tax-exempt Status
  • Provider/Professional Entity Governance and Operations
    • Board Operations/Bylaws
    • Medical Staff Credentialing, Governance and Bylaws
    • Physician Recruitment and Contracting
    • Rate Issues
    • Professional Licensing and Discipline/Medical Staff Fair Hearings
    • General Operations and Contracting
  • Cybersecurity and Data Privacy
    • HIPAA/HITECH
    • Data Use/Analytics
    • Health IT/Technology
    • Incident Response Plan Development, Training and Implementation
    • Data Breach
    • Electronic Medical Records
    • Government Investigations
  • Contracting
    • Physician/Health Care Professional Employment Agreements
    • Management/Co-Management Agreements
    • Managed Care Contracting
    • Ancillary Services Agreements
    • Vendor Agreements
    • Licensing Agreements
  • Provider Affiliations
    • Mergers and Asset and Stock Sales/Acquisitions
    • Active and Passive Parent Affiliations
    • Physician-Hospital Joint Ventures
    • Captive PCs
    • Professional Employer Organizations
  • Fraud and Abuse Compliance
    • Compliance Plans and Assessment
    • Anti-kickback
    • Stark
    • False Claims Act
    • U.S. Department of Health and Human Services Office of the Inspector General Matters
    • New York State Office of Medicaid Inspector General Audits and Investigations
  • Health Care Reform
    • Accountable Care Organizations
    • Value-based Purchasing
    • Performing Provider Systems
    • Delivery System Reform Incentive Payment Initiatives
  • Charitable and Not-for-Profit Matters
    • Tax Exemption Matters
  • Physician/Professional Practice Matters
    • Formations
    • Operations
    • Risk Arrangements
  • Professional Licensure and Discipline Matters
    • Government Audits and Surveys
    • Office of Professional Medical Conduct
    • Office of the Professions
  • Health Care Real Estate
    • Development and Financing
    • Sales and Acquisitions
    • Leases
    • Bond/IDA Financing and Related Matters

The Team

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February 21, 2017

Change on the Horizon for Decades-Old Home Health Agency Conditions of Participation

February 21, 2017

The Centers for Medicare & Medicaid Services (CMS) has issued final regulations (CMS-3819-F) that will make substantial changes to the Medicare home health agency Conditions of Participation (CoPs). These sweeping changes take effect July 13, 2017, and represent the most comprehensive changes to the CoPs since 1989. The final... Read More

January 13, 2017

Federal Court Enjoins Health and Human Services Department from Enforcing ACA Protections for Transgender Individuals

January 13, 2017

The Obama Administration was dealt a blow in its efforts to expand legal protections for transgender individuals relating to the receipt of health care services and health insurance under the Patient Protection and Affordable Care Act (“ACA”). Judge Reed O’Connor of the Northern District of Texas has issued a nationwide... Read More

December 7, 2016

New York Adopts Pathologists’ Assistants Law

December 7, 2016

New York State has adopted a new law that establishes the profession of licensed pathologists’ assistant. Governor Andrew Cuomo signed S.7932/A.10408 into law on November 28, 2016. The new law adds Article 168 to the Education Law. What is a pathologists’ assistant? The new law defines a pathologists’ assistant... Read More

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January 27, 2017
Employee Benefit News

Joy Napier-Joyce Comments on Employers Continuing ACA Compliance

January 27, 2017

Joy Napier-Joyce comments on employers continuing with ACA compliance until Congressional leadership can materialize legislation in "Employers urged to continue ACA compliance as no repeal plan emerges," published by Employee Benefit News.  Subscription may be required to view article Read More

November 2, 2016
HRBenefitsAlert.com

Joshua Rafsky Discusses Health Plan Changes Employers Should Make by Jan.1

November 2, 2016

Joshua Rafsky discusses the U.S. Department of Health and Human Services nondiscrimination regulations taking effect Jan. 1 in "2 health plan changes you may need to make before Jan. 1," published by HRBenefitsAlert.com. Subscription may be required to view article Read More

October 1, 2016
ABA Journal

Joseph Lazzarotti Comments on Employers Complying with the Affordable Care Act

October 1, 2016

Joseph Lazzarotti comments on the Affordable Care Act-compliant health plan in "Lawsuit against Dave & Buster's challenges reducing employee hours to avoid health insurance mandate," published by ABA Journal. Read More

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