Bleakley Platt & Schmidt, LLP represents health systems, hospitals, ambulatory surgery centers, diagnostic and treatment centers (D&Ts) and other licensed health care facilities. The Firm’s attorneys representing health facilities include former prosecutors, hospital counsel, nurses, and health insurance counsel. We represent health care facilities in all aspects of their operations, including licensure, health care regulatory compliance, fraud and abuse laws, corporate and commercial matters, mergers, acquisitions and affiliations, payor relationships, audits, investigations, and risk management.
Our firm regularly represents health facilities in matters relating to:
Licensure, Health Care Regulatory Matters and Fraud and Abuse Laws
- Licensure and certificate of need (CON) issues.
- EMTALA compliance.
- Medical staff and professional licensure matters.
- Electronic health records and HIPAA compliance, including data privacy, security rule requirements, cyber security, and data breach analysis and reporting.
- Fraud and abuse counseling, including compliance with the Stark Law, federal Anti-Kickback Statute (AKS) and the False Claims Act (FCA).
- Corporate practice of medicine, fee-splitting, and other state professional practice rules, regulations, and ethical standards.
- Compliance plans and compliance trainings, including under New York Medicaid compliance program regulations.
Corporate and Commercial Matters
- Hospital and health system affiliations and joint ventures with physician groups, ambulatory surgery centers (ASCs), diagnostic imaging facilities, and diagnostic and treatment centers.
- Corporate governance, including not-for-profit governance and tax-exemption matters.
- Physician practice acquisitions and sales and other health care purchase arrangements.
- Physician contracting, revenue sharing and compensation arrangements, employment and independent contractor agreements, and separation agreements, including non-solicitation, non-competition, and non-disclosure covenants.
- Supply chain and purchasing operations and transactions, vendor contracts, and complex business, technology and intellectual property contracts, bank financing, and equipment leasing transactions.
- Professional service agreements, medical director agreements, administrative service agreements, clinical trial agreements, and practice management agreements.
- Real estate transactions, including leases, sales and purchases, and medical office building transactions.
Payor Relationships, Audits, and Risk Management
- Payor network participation, managed care arrangements, clinical integration transactions involving gainsharing, ACOs, and independent physician associations.
- Medicare, Medicaid, and private payor audits and appeals.
- Qui tam litigation and DOJ, OIG and OMIG self-disclosures related to identified overpayments.
- Health care fraud investigations and audits by federal and state governmental authorities, including internal reviews and investigations.
- Litigating breach of contract claims, restrictive covenants, intellectual property matters, employment matters and various commercial disputes, and defending regulatory actions by governmental authorities as well as professional conduct proceedings.
Our health law practice provides comprehensive legal representation of health facilities by working closely with attorneys across a range of the firm’s practice areas as needed.
For representation, please contact Robert Braumuller at 914-287-6185 or rbraumuller@bpslaw.com.
