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Healthcare is part of our firm's DNA. We add real value to our clients' business through our in-depth understanding of the key legal, regulatory and practice-related issues.

FOCUS ON
HEALTHCARE

Whether representing large specialty pharmacies or small community stores, we bring our knowledge of the industry and client-centered approach to help our clients succeed in the face of the toughest challenges

PHARMACY
EXPERTS

Experienced, dedicated and well-tested litigation attorneys who enjoy the challenges of the courtroom

DEDICATED
LITIGATORS

When you need attorneys who know and understand your business, not just the letter of the law

PROTECTING
YOUR
BOTTOM
LINE

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Today, hospitals and Article 28 facilities are playing an increasingly more prominent role in the process of health care delivery.  Recent federal and state legislative initiatives have accelerated the shift in the delivery model from small private practices to large, integrated networks, major hospitals, diagnostic and treatment centers and ambulatory surgery centers.  With the ever increasing prominence, hospitals and Article 28 facilities now face a heightened regulatory scrutiny, need to comply with a slew of new and ever changing laws and regulations, and are involved in more complex business transactions than ever before.  To help our clients successfully overcome these new challenges, we offer the following services to our hospital and Article 28 clients:

  • Corporate representation (including antitrust counseling) in connection with transactions, including mergers, acquisitions, joint ventures, and divestitures
  • Regulatory counseling on Fraud and Abuse, Stark Law, and state regulatory compliance issues in transactions and other physician- integration arrangements
  • Synthesizing tax-exempt law requirements with Fraud and Abuse rules in hospital-physician arrangements and joint ventures
  • Seeking Advisory Opinions from federal regulatory agencies in appropriate cases
  • Labor and employment issues
  • HIPAA compliance
  • Medicare and Medicaid (and other government health program) compliance activities, including internal investigations of potential noncompliance, responding to government inquiries and investigations, advise in connection with voluntary disclosures, negotiating corporate integrity agreements (CIAs)
  • EMTALA compliance
  • Establishing and implementing corporate compliance programs for hospital and ancillary providers within the health system
  • Addressing medical staff matters, including fair hearing requirements and designing state-of-the-art medical staff bylaws

We have successfully represented Article 28 facilities in a wide variety of business transactions, including establishment, expansion, mergers and acquisitions and joint-venture deals.  We routinely counsel Article 28 facilities on the issues of regulatory compliance, Medicaid, Medicare and third party reimbursements, contracting and response to investigations and audits.  We defend Article 28 facilities in proceedings involving allegations of fraud and abuse. We also represent Independent Diagnostic Testing Facilities (IDTFs) in all legal matters, including establishment, compliance counseling, reimbursement, audits and investigations and contracting with other providers.

 

Can a Physician’s Medical Judgment be Basis for a False Claims

In a recent decision, United States ex rel. Polukoff v. St. Mark's Hospital, the Tenth Circuit held that a physician's medical judgement regarding courses of treatment may serve as the basis for False Claim . . .

In News and Updates

New Jersey Act Imposes New Requirements to Protect Consumers

New Jersey providers should be alert to the recently signed into law Out-of-Network Consumer Protection, Transparency, Cost Containment, and Accountability Act.The Act pertains to, and enhances, consumer protections related to out-of-network healthcare charges.Health care facilities and professionals . . .

In News and Updates

New York State Takes Action Against Abusive PBM Audits, Grants

The recently passed New York State budget bill including sweeping new protections for independent pharmacies facing PBM audits.  The bill, which amends the Public Health Law, requires PBMs, when conducting audits, to accept . . .

In News and Updates

What NYC Employers Must Know About the Safe Leave Law

The former NYC Earned Sick Time Act, popularly known as the Paid Leave Law, is now the Earned Safe and Sick Time Act.  Previously, the Act obligated employers to provide a certain amount of sick leave for their employees. The . . .

In News and Updates

New York State Imposes Limitations on LHCSA Applications

Recently, New York State implemented a two-year moratorium on the processing and approval of applications for licensure of Licensed Home Care Service Agencies ("LHCSAs").This moratorium suspends the Department of Health's processing . . .

In News and Updates

The Rising Cost of Employing Excluded Individuals

Healthcare providers are increasingly feeling the cost of employing excluded individuals.Indeed, over the past year, the number of enforcement actions taken against physician's offices, pharmacies and other entities employing excluded . . .

In News and Updates

Under the Travel Act, Aggressive Federal Enforcement Against

Q.  When does a purely state criminal law-based matter transform into a federal felony prosecution?

A.  When the Federal Travel Act (the "Travel Act") is implicated.Under the Act, a party who travels in interstate . . .

In News and Updates

FEDERAL CRACKDOWN ON PRESCRIBERS OF COMPOUNDED MEDICATIONS

A recent health care fraud guilty plea by a physician has caught the attention of prescribing physicians and the broader industry surrounding compounded medications.Under the plea agreement in New Jersey District Court, the physician . . .

In News and Updates

COMPOUNDING PHARMACIES MAY SOON HAVE NEW MARKET OPPORTUNITIES

Compounding pharmacies, one of the fastest growing sectors in retail pharmacy, may soon be able to expand the market for their products in exchange for agreeing to be placed directly under federal oversight, according to U.S. . . .

In News and Updates

PHARMACY COMPLIANCE UPDATE: GROWING YOUR MEMBERSHIP PROGRAM

Membership programs are a common tool used by retail pharmacies to grow their business. Under this type of program, a pharmacy will give member patients certain benefits, usually taking the form of rebates, discounts, or coupons on in-store . . .

In News and Updates

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