Health Care Transactions
Commercial Healthcare Transactions & Regulatory Compliance
We focus our healthcare transactional practice on the unique needs of physicians and health care providers in the areas of health care regulatory and transactional matters. We represent physicians and other licensed health care providers on an individual basis, medical practices, physician or provider groups, medical management companies, registered surgical practices, and state licensed ambulatory surgical centers as well as all other varieties of state licensed facilities. The firm is equipped to provide direct representation in transactional matters, such as employment agreements, management agreements, purchase and sale of practices, commercial leases, equipment and Certified Electronic Health Record Technology (CEHRT) lease and purchase agreements as well as Meaningful Use audits and appeals, just to mention a few. The firm also offers consultation and guidance, as well as direct representation when necessary, on all elements of administrative and regulatory healthcare matters.
Practice areas include:
- Formation or dissolution of Sole Proprietorships, Corporations, LLC’s PA’s
Assistance with formation of a business entity for your practice; counsel regarding and drafting of operating and management agreements and related necessary corporate documents.
- Anti-Kickback and Stark Law Compliance (NJ Codey Law Compliance)
Review of certain agreements, such as sub-leases and independent contractor agreements, for compliance with federal Anti-Kickback and Stark laws and regulations and state specific regulations that impose similar restrictions.
- Purchase and Sale of Medical Practices
Assistance with all aspects of purchase or sale of an existing medical, dental, podiatric, psychology or other health care practice from the initial stages of negotiation to closing.
- Purchase, Sale, Transfer and/or Relocation of Ambulatory Surgical Centers and Surgical Practices
Assistance with all aspects of purchase and sale of an existing Ambulatory Surgical Center license or other type of New Jersey state licensed facility from the initial stages of negotiation to closing. Including application for approval of the transfer to the State as well as any necessary application for relocation of the license.
- HIPAA Compliance (NJ and NY State Privacy Law Compliance)
Review and revision of existing HIPAA documents and/or drafting of a new set of documents including a HIPAA Policy and Procedure Manual, Notice of Privacy Practices and Authorizations for Use and Disclosure of Medical Records. Site visits to evaluate compliance as well as staff training and education as needed.
- State Ambulatory Surgical Center and Licensed Facility Regulatory Compliance
Review and revision of required policies and procedures for the category of licensed facility. Site visits to evaluate compliance with state regulations as well as assistance with preparation for state and private surveys. Assistance in the drafting of a Plan of Correction after a state or private survey as well as implementation of required corrections.
- State Professional Boards Regulatory Compliance
Review and revision of required policies and procedures as required by the applicable state board. Site visits to evaluate compliance with the applicable board’s rules and regulations.
- Surgical Practice Regulatory Compliance
Review and revision of required policies and procedures as applicable to a surgical practice. Site visits to evaluate compliance with state regulations as well as assistance with preparation for state and private surveys. Assistance in the drafting of a Plan of Correction after a state or private survey as well as implementation of required corrections.
- Employment and Independent Contractor Agreements
Drafting of agreements for new employees or contractors on behalf of the employer as well as extensive review of agreements provided to potential employees or contractors.
- OSHA Compliance
Review and revision of existing OSHA documents and/or drafting of a new set of documents including an OSHA Policy and Procedure Manual. Site visits to evaluate compliance as well as staff training and education as needed.
- Medical Staff Bylaws and Practice Policies and Procedures
Review and revision of current medical staff bylaws and other practice policies and procedures for compliance with applicable laws and regulations.