Health Law

We assist clients by analyzing the regulatory issues confronting their health care businesses, including in the following areas:

• HIPAA and Other Federal and State Privacy Laws
• Privacy policies, procedures and forms
• Compliance programs and audits
• Breach analysis, notification and reporting
• Ownership, use and sharing of data
• Analysis of Part 2 (Substance Use Disorder) requirements
• Risk analyses and self-assessments
• Government investigations
• Health Care Fraud and Abuse (Federal and State)
• Physician Self-Referral Law (Stark Law)
• Anti-Kickback Law
• False Claims Act
• Unfair Trade Practices Act
• Compliance programs and policies
• Licensure, Accreditation and Health Care Oversight
• Federal and state payment program participation and opting-out
• Facility regulation (initial surveys and licenses, determination of need, Health Policy Commission review, changes of ownership, statements of deficiencies)
• Health care provider oversight (state boards of registration, prescription monitoring, professional organizations)
• Accreditation compliance (Joint Commission and AAAHC standards)
• Third party payor obligations and compliance
• Credentialing and Disciplinary Matters
• Fair hearing processes
• Peer review protections
• Tax-Exemption Matters
• Formation of tax-exempt organizations
• Application for tax-exempt status
• Maintenance of tax-exempt status
• Digital Health and Telehealth
• EHR system integration
• Telehealth licensing requirements
• Regulatory oversight of health-care related software and applications
• Patient Care Matters
• Informed consent, patients' rights, and medical records issues
• Risk management of adverse events
• Policy drafting and interpretation
• Other Regulatory Issues
• State and federal incident reporting
• Reimbursement Issues (including incident to rules, surprise billing and Medicare opt-out matters)

Corporate/Transactional

We help clients create and maintain the corporate structure necessary to operate businesses in the health care industry, and we help them to structure, negotiate, and document business transactions, including:

• Strategic Alliances, Joint Venture Arrangements and Other Types of Collaborative Arrangements
• Regulatory risk analysis for joint venture parties
• Negotiation of terms and conditions and letters of intent
• Drafting and negotiating joint venture documents
• Sales/Acquisitions/Mergers
• Regulatory due diligence and risk analysis
• Drafting and negotiating transactional documents, including representations, compensation terms, conditions to closing, and restrictive covenants
• Disaffiliations, Separations and Unwinds
• Contractual Arrangements
• Employment and independent contractor agreements, consulting contracts, medical director agreements, and other professional service agreements (including physician recruitment agreements), with focus on different compensation methodologies and performance metrics
• Accountable Care Organization, Physician Hospital Organization and Independent Physician Association eligibility, formation, and participation agreements
• Shareholder buy-sell agreements and shareholder and employee dispute settlement agreements
• Management agreements, shared office space agreements, space and equipment leases, billing and collection agreements
• Exclusive hospital-based services agreements
• Third party payor contracts
• Vendor and supplier agreements, including software and licensing agreements
• Formation of Start-Up and Affiliated Companies
• Professional corporations
• Limited liability companies
• Business corporations
• Limited liability partnerships
• Non-profit organizations
• Governing Documents (Articles, Bylaws, Stockholders and Buy/Sell Agreements, and Operating Agreements)
• Medical Staff Bylaws
• Private Issuances of Securities
• Financings
• Publicly offered tax-exempt bond financing
• Tax-exempt capital leases
• Pooled capital loans
• Working capital loans and lines of credit
• Venture capital
• High-yield and senior debt
• Real Estate Matters

Employment Law

We assist clients in the following areas of employment law:

• Auditing employment practices
• Consulting on personnel matters
• Employee leaves of absence
• Wage-hour issues
• Termination of employment
• Employee performance issues
• Employee relations matters
• Discrimination and Harassment Prevention Training
• Drafting and Review of Employment Applications, Employment Agreements and Separation Agreements
• Drafting and Review of Employee Manuals and Policies
• Workplace Investigations