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Health Law and Transactions

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

Overview

Cognizant of the rapid changes impacting how healthcare 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 healthcare 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 healthcare 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 healthcare entities and professionals. With this knowledge and understanding in mind, we counsel a wide array of healthcare 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
  • Healthcare 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/Healthcare 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
  • Healthcare 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
  • Healthcare Real Estate
    • Development and Financing
    • Sales and Acquisitions
    • Leases
    • Bond/IDA Financing and Related Matters

Key Representations

  • Provided general counsel services to several community hospitals, providing a full complement of services including handling of reimbursement issues, contracting, physician credentialing, ambulance and nursing home administrator licensing, operating room policies, and general compliance advice.
  • Provided counsel to regional medical center on medical staff matters, regulatory compliance matters, and Medicare program compliance.
  • Served as general counsel to several major healthcare, professional and statewide trade associations, providing advice on an array of corporate, transactional, regulatory and compliance matters, including issues relating to managed care contracting, formation of affiliated/subsidiary organizations, reimbursement and regulatory issues.
  • Served as regulatory and legal counsel to major NYC-based long term care system, operating nursing homes, long-term home health care programs and adult day health care programs.
  • Served as lead transaction counsel to community hospital in its active parent affiliation with major hospital system.
  • Developed HIPAA policies, procedures, compliance manuals and compliance programs for community hospitals, health insurer and licensed professionals.
  • Successfully negotiated resolution to OMIG audit for behavioral health care provider.
  • Successfully resolved numerous US Health and Human Services Office of Civil Rights HIPAA breach investigations.
  • Served as breach counsel for health care providers, including for incidents involving more than 500 individuals.
  • Developed a fraud and abuse compliant hospital-physician joint venture structure and accompanying implementation documentation.
  • Negotiated health care provider affiliation between two institutional providers.
  • Represented numerous physician and professional practice in all issues relating to the establishment and operation of physician and professional practices, including formation, governance, practice sales and purchases, contracting, credentialing, and HIPAA, fraud and abuse and regulatory compliance matters. 
  • Prepared nurse practitioner collaborative agreements and physician assistant supervision agreements in numerous states for addiction treatment provider.
  • Assisted with the negotiation of commercial lease agreements for several New York hospital systems, physician practices, licensed home care agencies, clinical laboratories, and other health care providers. 
  • Advised medical spas regarding formation, licensing, scope of practice, and contracting matters, as well as issues relating to prohibitions regarding corporate practice of medicine and fee-splitting.
  • Represented ambulance providers with regard to certificate of need applications, expansion of territory or transfer of ownership applications, corporate issues, and regulatory matters.
  • Represented not-for-profit organizations with regard to all aspects of formation, operation, compliance, dissolutions, mergers, affiliations, and transfer of assets, including obtaining approval from Attorney General’s Office and various other State agencies. 
  • Handled not-for-profit corporate restructuring for several trade associations to achieve regulatory compliance and business objectives.

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October 3, 2017

New York Court: Minimum Wage Due for All On-Premises Hours Required of Non-Resident Home Care Attendants

October 3, 2017

In a significant blow to the home health care industry in New York, non-resident home health care attendants must be paid minimum wage for all hours they are required to remain at the client’s home, including hours when they may be sleeping, eating, or performing other personal tasks, the Brooklyn-based Appellate Division, Second... Read More

March 31, 2017

New California Healthcare Workplace Safety Prevention Regulation Effective April 1, 2017

March 31, 2017

Healthcare employers in California must comply with a host of new workplace safety requirements, effective April 1, 2017, on preventing workplace violence. The new requirements include written workplace violence prevention plans, additional recordkeeping, and preventive training, among other things. On December 8, 2016, the state’s... Read More

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

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November 3, 2017
Law 360

Lisa Marrello Discusses Anoush Koroghlian-Scott Joining Jackson Lewis

November 3, 2017

Lisa Marrello discusses Anoush Koroghlian-Scott recently joining Jackson Lewis, focusing her practice on health care and data security in "Health Hires: Jackson Lewis, EBG, Spencer Fane, AMRI," published by Law360. Subscription may be required to view article Read More

June 8, 2017
The National Association of Professional Employer Organizations

Joseph Lazzarotti Authors "HIPAA Compliance Concerns Continue for PEOS"

June 8, 2017

Joseph Lazzarotti authors "HIPAA Compliance Concerns Continue for PEOS," published by The National Association of Professional Employer Organizations. Subscription may be required to view article Read More

June 2, 2017
The Journal of Urgent Care Medicine

Frank Fanshawe and Rosemary McKenna Author "Why are You Being Sued?"

June 2, 2017

Frank Fanshawe and Rosemary McKenna author "Why are You Being Sued?" published by The Journal of Urgent Care Medicine. Read More

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