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Hospitals, Health Systems & Physicians

Skilled attorneys who assist hospitals, health care facilities, and physicians with best practices for compliance and proactivity are imperative for the long-term success of any organization navigating ever-changing legal and operational challenges.

Hospitals and Health Systems

Barclay Damon’s health care and human services attorneys have a deep understanding of and extensive experience handling day-to-day legal, regulatory, and operational issues in the industry.

We represent our clients in hospital-law matters involving:

• Acquisitions of physician practices by hospitals
• Contract preparation, review, and negotiation
• Corporate compliance and governance
• Employment agreements
• EMTALA and anti-dumping provisions (COBRA)
• Financing, refinancing, and restructurings
• Formation and reorganization of health care systems
• Fraud and abuse allegations, including Stark, anti-kickback, and civil monetary penalties
• HIPAA and health information privacy, security, and data sharing
• Hospital mergers and acquisitions
• Joint venture arrangements
• Licensure and certificate-of-need (CON) issues
• Medical staff issues, including bylaws, credentialing, peer review, disciplinary hearings, and exclusions
• Medicare and Medicaid certification
• Reimbursement issues, including self-disclosures and audit defense for all payers

Physicians and Physician Groups

We provide comprehensive legal services to physicians and physician groups, including matters involving:

• Ambulatory surgery center establishment and development
• Credentialing and hospital-privilege issues
• Fee splitting and other NYS Education Department compliance issues
• Fraud and abuse allegations, including Stark, anti-kickback, civil monetary penalties, and anti-markup compliance
• HIPAA and health information privacy and security
• Independent Practice Association (IPA) organization, formation, and participation by providers and physicians
• Joint-venture arrangements with hospitals and other providers
• Management agreements
• Medicare and Medicaid compliance
• Noncompetition agreements and disputes
• Office of Professional Medical Conduct (OPMC) disciplinary proceedings
• Physician, mid-level employment, and independent contractor arrangements
• Physician group practice establishment and disputes
• Reimbursement issues, including self-disclosures and audit defense for all payors
• Sales, mergers, and acquisitions of medical practices
• Termination and non-renewal of payer contracts