Business Issues. Our clients include practice groups of all sizes and business structures. We are experienced and skilled at counseling on all aspects of business law and transactional services, including practice formation (PCs, LLCs, LLPs, and partnerships); buy-ins and buy-outs; drafting shareholder agreements, operating agreements, partnership agreements and employment agreements; business tax planning; mergers, affiliations, joint ventures, and practice sales (to hospitals, other institutions, or physician groups); and structuring and negotiating physician practice management contracts and other legal arrangements, including employment and provider contracts. We have formed and served physician organizations (POs), physician hospital organizations (PHOs), independent practice organizations (IPAs), and physician networks. Our attorneys are sensitive to, and adept at managing, antitrust issues applicable to collective activity and matters relating to restrictive covenants, including non-compete clauses.
We have significant experience in dealing with health insurance companies as a result of our representation of large provider groups, IPAs, and employers who have moved to self-funded or limited-risk health insurance plans. Our ability to deftly handle managed-care contracting issues is highly regarded within the health care community, and extends to matters relating to the shift in economic risk and intrusion of the physician/patient relationship.
We also assist with a broad range of real estate issues, including medical office building leases, purchases and development.
Regulatory Compliance. We have developed expertise in the federal and state laws and regulations affecting health care providers and their operations. This includes all facets of the Medicare program, the federal aspects of Medicaid participation, Medicare and Medicaid reimbursement appeals, conduct of appeals before the Provider Reimbursement Review Board (PRRB), fraud and abuse, corporate compliance, anti-kickback, the Stark regulations, and payor billing audits.
In addition, we assist in matters relating to medical records and patient confidentiality, including those involving the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its numerous regulations. Our attorneys have lectured extensively on the HIPAA privacy and security rules throughout New York State, both before professional organizations and for individual clients and client groups. We are versed in all aspects of HIPAA compliance, and provide advice and assistance to clients in the development and implementation of HIPAA compliance plans.
Medical Staff and Personnel Issues. Issues relating to human resources are a universal concern across every industry type, and the attorneys in our Labor & Employment Group have extensive experience addressing a wide array of legal concerns in this area.
We handle issues specific to the health care industry that involve credentialing, privileging, peer review, privilege termination, staff bylaws, and drafting and negotiating employment agreements with professionals (physicians, nurse practitioners, physicians’ assistants). Our Immigration Group helps employers attract and retain talented employees from outside the U.S.
Disputes of many kinds arise in the business world, and our Litigation Group can help resolve them in an expedient and efficient manner. We are well versed in resolving issues that are unique to health care, such as conflicts relating to professional disciplinary matters (OPMC and National Practitioner Data Bank), fee reimbursement by the federal government and private insurers, and regulatory violations.
Personal Issues. Health care professionals dedicate their lives to ensuring quality patient care. Our attorneys provide those professionals with valuable advice on matters relating to personal tax planning and estate planning, incentive compensation agreements, and shareholder/owner arrangements.