Healthcare and human services organizations care about our community and so do we. While our clients work hard to develop better ways to provide their services and to promote long term wellness, we stay on top of the vast healthcare law field to provide meaningful counsel when they call.
Continuing care retirement communities
Diagnostic and Treatment Centers
Adult Care Facilities
Drug and Alcohol Abuse Programs
Mental Health Providers
For daily operational issues regarding release of medical records and patient consent, for contract review and negotiation involving every aspect of operations, for corporate compliance and governance advice and even for major corporate financings and reorganizations, we help our clients by focusing on the important issues for their organization. We understand the business of healthcare and human services; its rewards and challenges. We listen to what clients want to do and then help navigate the state and federal regulations that relate to every aspect of their business: federal tax, Stark and Anti-Kickback concerns or New York State Health, Education, OASAS and OMRDD operating requirements.
We provide guidance on:
Regulatory law: We have significant experience sorting through the intricacies of the complex and heavily regulated health care field. We assist clients in assuring compliance with health care fraud and abuse laws, including "Stark" anti-self referral laws, anti-kickback and fee-splitting laws, and federal false claims regulations. We understand the regulations and the system of the New York State Department of Health and know who to call to get things done at the state level.
Contract law: As requested by our clients, we negotiate, review and draft contracts needed to run health care facilities, such as physician contracts, residency agreements, or treatment and consent issues.
Corporate restructuring: We handle all aspects of major corporate reorganizations, with special focus on the issues pertinent to our client's organization. We assist our clients in developing appropriate corporate governance documents, such as by-laws and rules and procedures for management.
We are experienced transactional attorneys. We served as counsel to an out-of-state developer in connection with a cooperative continuing care retirement community in Long Island. This project involves a tax exempt corporation as the owner and operator of a life community and a separate cooperative corporation with a ground lease for the residential units. The corporate structure for this project integrated the relationships between the life care provider, its obligations to provide long term medical care, the cooperative corporation and the rights of elderly tenant-shareholders. Such complicated relationships require creative legal engineering, and we were actively involved in this process.
Financing: We have significant experience sorting through complex corporate finance issues, including bond and other financing arrangements for health care institutions.
Employment, personnel and labor matters: We work with health care facilities on employment contracts, staff bylaws and staff privilege matters, as well as collective bargaining agreements and labor arbitrations. Read more
Licensing: Licensing for continuing care retirement communities and other health care institutions in New York state can be an extremely tricky issue. We guide our clients through this process. We represented (and still represent) the first continuing care community licensed in New York State.
Processing certificates of need: We assist clients in filing certificate of need applications. For more information on certificates of need see the department of health's website at http://www.nyhealth.gov/facilities/cons/
HIPAA (Health Insurance Portability and Accountability Act of 1996) and other compliance issues. We help health care institutions to understand new statutes and regulations and to develop policies and procedures to assure compliance.
Useful hyperlinks: New York State Department of Health: http://www.health.state.ny.us/