Health Care

The health care industry is a complex system with rapidly changing regulatory oversight. Regulatory approval and accreditation are the heart of the system. For many, delay in licensure and other regulatory approvals can threaten financing and corporate viability. Restructuring is a fact of life in this dynamic system. Our clients are frequently involved in mergers, acquisitions, joint venture, and strategic affiliations to achieve and maintain viability and a leadership position in the marketplace.

Bousquet Holstein’s Health Care attorneys work in the most complicated and sensitive legal matters, from managing government investigations with potential civil, administrative, and criminal liability, to structuring multi-million-dollar corporate transactions. Our cross-disciplinary approach equips Bousquet Holstein attorneys to solve problems throughout the industry, enabling our clients to focus on what counts: providing cost-effective, quality patient care. In addition to acting as legal counsel, we act as strategic advisors to the decision makers of Health Care Organizations on an array of matters.

Our attorneys bring years of practical experience to the Health Care Practice Group. We possess a strong business and financial background providing an invaluable service to the unique needs of our health care clients.

In addition to our collaboration with the Business Transactions, Mergers and Acquisitions, Not-For-Profit Organizations, Employee Benefits, and Tax Planning and Advocacy Practice Groups, we maintain long standing relationship with many certified public accounting firms and health care consultants, which offer our attorneys the ability to provide advice on the financial as well as the legal implications of the issues presented.

We take pride in having a thorough understanding of the law as well as a strong business understanding of the underlying transaction. Our business expertise provides our health care clients not only the technically correct answer, but also the practical and meaningful answer. Our personal experience provides advice which honors the practice of health care as well as taking into account the people behind the professions.

Typical services rendered by the attorneys in our Health Care Practice Group include the following:

• Representation of Health Care Entities (both for profit and not for profit)
• Formation of various entities from single physician practice to multi-specialty groups, IPA’s, ACO’s, not-for-profit corporations, Article 28 entities, third-party administrators
• Preparation of all required corporate documents from articles of organization, certificate of incorporation, operating agreements, bylaws, medical staff bylaws
• Representation during all phases of corporate mergers, joint ventures, corporate affiliations
• Working with not for profit organizations on all facets of tax-exempt status
• Mergers and acquisitions, complex financing issues for entities and transactions of any size and complexity
• Sale of physician practices to hospitals

 Day to Day Practice / Facility Management Issues

• Advising facilities regarding medical staff issues including disruptive staff, coordination with the Committee for Physicians Health
• Drafting of medical staff bylaws; policies and procedures
• Representation of facilities in investigations and corrective action procedures
• Working with facilities of all kinds regarding patient issues, HIPAA matters, medical records issues

Health Care Compliance (Fraud and Abuse Issues)

• Analysis of compliance plans, policies, and procedure and other related documents
• Drafting and implementing compliance plans, policies and procedures, and related documents
• Development of educational programs and training materials
• Investigation of potential HIPAA breaches, reporting of breaches when necessary
• Assistance with internal investigations
• Representation with regard to third-party requests for information and/or investigation (OIG, OMIG, FTC, etc.)
• Representation in all facets of audits, by both private and governmental payors (CMS, Medicaid)
• Representation and management of self-disclosures to government agencies
• Representation of professionals with regard to the Medicare/Medicaid exclusion list
• Negotiation and administration of Corporate Integrity Agreements

 Contracting and Credential Matters

• Assistance and advisement on credentialing matters for medical staff at hospitals and Article 28 facilities
• Advisement on credentialing matters for both private and government payors; representation during credentialing process, and any reimbursement issues, such as audits and retractions
• Representation during all facets of managed care contracting, (contract review and proposing of revisions to all managed care agreements)
• Review of antitrust laws in connection with health care facility and provider affiliations
• Review and compliance with New York State and Federal Fraud and Abuse laws
• NYS Department of Health Certificate of Need applications, modification, and surrender

Employment Benefits / Employment Law

• Compensation and business succession issues for health care professionals; development of compensation packages and severance agreements
• Draft and review all contracts related to hiring and termination of health care professionals, physician recruitment, hospital exclusive provider agreements
• Draft employee handbooks, employment policies including those on sexual harassment and drug testing
• Unemployment matters

Professional Discipline (Professional Practice)

• Representation of physicians and physician assistants in investigations and actions brought by the Office of Professional Conduct (OPMC)
• Representation of other professional such as nurses, dentists, nurse practitioners in investigations and actions brought by the Office of Professional Discipline (OPD)

Types of Health Care work we do: