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