New York Healthcare Transactions And Litigation Attorneys
New York based attorneys with at Health Care Law Associates provide efficient legal representation to the healthcare community in matters involving regulatory and transactional law as well as healthcare litigation. We have a wealth of experience in healthcare legal practice and we draw upon our expertise to offer our clients a core advantage when dealing with complex issues inherent in the modern practice of medicine.
We routinely advise healthcare professionals on maters affecting their practices. Practice of medicine is in many way similar to any other business practice with emerging corporate and transactional issues that require planning and compliance. At the same time, the practice of healthcare is fundamentally different from other areas of business because of the number of government regulations directly affecting the healthcare industry on both individual and corporate levels. This is why when dealing with corporate healthcare matters, clients should turn to legal professionals with expertise and deep understanding of the universe of laws and regulations that apply to their practices. Joseph Potashnik & Associates attorneys assist new and established health care related businesses with all phases of corporate establishment and management, from business planning and entity formation to dissolution and everything in between.
Practice Formation and Planning
As healthcare attorney who counsel the industry members, we take our tasks seriously. We listen to client’s objectives and help them navigate the system by minimizing risk exposure and advising on the best course to ensure that the objectives are met. The following are the healthcare transactions we handle:
- Fraud and abuse laws including the Stark regulationsand anti-kickback statute (as well as similar State laws)
- Licensing regulations (state and federal)
- Payor requirements
- Corporate practice of medicine issues
- Certificate of need issues
- Liability issues
- HIPAA complianceand business associate relationships
In most situations healthcare regulations control and restrict corporate practice of medicine, primarily who can own operate a healthcare business entity, how the entity should be structured, and similar issues. Our healthcare attorneys have the necessary expertise in handling cases involving these issues. We advise our clients on what is important when forming a new practice, the kind of business entity that works best for their needs, as well as preparing and filing the corporate documents. We also help our clients with corporate reorganizations and structural and ownership changes.
Purchase Agreements and Due Diligence
The healthcare industry is full of hidden risks and underwater rocks as far as audit and regulatory liability are concerned. These risks may become apparent when purchasing a healthcare business. A transaction with major consequences, this requires exhaustive due diligence regarding the compliance and audit liability of the entity being purchased, especially compliance with Medicaid and Medicare claims submission requirements. Another very important issue is understanding of what is required to transfer Medicare and Medicaid billing privileges or certificates of need. Our lawyers advise clients on purchasing and selling healthcare businesses including, but not limited to, physician practices.
General Healthcare Agreements
Our attorneys help healthcare businesses and individual providers with negotiating and reviewing agreements for various situations including employment, independent contractor agreements, space leases, real estate transactions, recruitment agreements, and professional service arrangements. It is important to keep in mind that many of these areas are tightly regulated by state and federal regulations and any agreements related to any of these relationships should be in conformance with the law. Our attorneys assist individual physicians, physician groups as well as healthcare business entities such as hospitals, health systems, hospices, home health agencies, long-term care facilities, skilled nursing facilities and IDTFs.
HEALTH CARE LITIGATION
While most clients prefer to prevent and avoid litigation, sometimes litigation is unavoidable. In the world of healthcare litigation, success depends on thorough knowledge of complexities of healthcare regulations. The attorneys at Joseph Potashnik and Associates have the experience and tenacity of achieving our client’s goals through innovative approaches to litigation. We have extensive experience in administrative law hearings in licensing matters, hospital fair hearings, third party payor appellate hearings, and binding arbitrations, state and federal court actions, mediation and arbitration.
The following is the list of healthcare litigation matters we handle:
- Licensing Matters, including OPMC and OPD hearings
- Medicare, Medicaid, Blue Cross/Blue Shield, Empire, Oxford, and other Third Party Payor Audit Appeals/Overpayment Demands
- Hospital Staff Privileging Matters
- Physician-Hospital Disputes
- Physician Residency Terminations
- Physician Recruitment Matters
- Disputes between physicians
- Violations of Covenants Not To Compete
- Medicaid and Medicare Exclusions
- Billing Company Disputes
- State and Federal Government Investigations
- Fraud and Abuse Matters
Contact us today to discuss your case with our healthcare attorneys.