Healthcare is part of our firm's DNA. We add real value to our clients' business through our in-depth understanding of the key legal, regulatory and practice-related issues.

FOCUS ON
HEALTHCARE

Whether representing large specialty pharmacies or small community stores, we bring our knowledge of the industry and client-centered approach to help our clients succeed in the face of the toughest challenges

PHARMACY
EXPERTS

Experienced, dedicated and well-tested litigation attorneys who enjoy the challenges of the courtroom

DEDICATED
LITIGATORS

When you need attorneys who know and understand your business, not just the letter of the law

PROTECTING
YOUR
BOTTOM
LINE

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Today, hospitals and Article 28 facilities are playing an increasingly more prominent role in the process of health care delivery.  Recent federal and state legislative initiatives have accelerated the shift in the delivery model from small private practices to large, integrated networks, major hospitals, diagnostic and treatment centers and ambulatory surgery centers.  With the ever increasing prominence, hospitals and Article 28 facilities now face a heightened regulatory scrutiny, need to comply with a slew of new and ever changing laws and regulations, and are involved in more complex business transactions than ever before.  To help our clients successfully overcome these new challenges, we offer the following services to our hospital and Article 28 clients:

  • Corporate representation (including antitrust counseling) in connection with transactions, including mergers, acquisitions, joint ventures, and divestitures
  • Regulatory counseling on Fraud and Abuse, Stark Law, and state regulatory compliance issues in transactions and other physician- integration arrangements
  • Synthesizing tax-exempt law requirements with Fraud and Abuse rules in hospital-physician arrangements and joint ventures
  • Seeking Advisory Opinions from federal regulatory agencies in appropriate cases
  • Labor and employment issues
  • HIPAA compliance
  • Medicare and Medicaid (and other government health program) compliance activities, including internal investigations of potential noncompliance, responding to government inquiries and investigations, advise in connection with voluntary disclosures, negotiating corporate integrity agreements (CIAs)
  • EMTALA compliance
  • Establishing and implementing corporate compliance programs for hospital and ancillary providers within the health system
  • Addressing medical staff matters, including fair hearing requirements and designing state-of-the-art medical staff bylaws

We have successfully represented Article 28 facilities in a wide variety of business transactions, including establishment, expansion, mergers and acquisitions and joint-venture deals.  We routinely counsel Article 28 facilities on the issues of regulatory compliance, Medicaid, Medicare and third party reimbursements, contracting and response to investigations and audits.  We defend Article 28 facilities in proceedings involving allegations of fraud and abuse. We also represent Independent Diagnostic Testing Facilities (IDTFs) in all legal matters, including establishment, compliance counseling, reimbursement, audits and investigations and contracting with other providers.

 

Medicare Fraud Strike Force Announces $1.3

In what is becoming an annual tradition, the Medicare Fraud Strike Force, comprised of members from the U.S. Department of Justice and the Department of Health and Human Services (more about which can be read here), announced the latest . . .

In News and Updates

Healthcare Industry Welcomes Changes to Overtime

In a step viewed optimistically by healthcare businesses, the United States Department of Labor ("DOL") has withdrawn two Obama-era guidance letters used to interpret the overtime wage provisions of the Fair Labor Standards Act.

The first guidance letter concerned independent contractors, and set forth the DOL's now-former position . . .

In News and Updates

Final Guidance for Part D DIR Reporting Requirements:

It appears that the Centers for Medicare & Medicaid Services ("CMS"), in its newly-released Final Guidance on Medicare Part D DIR Reporting Requirements for 2016, has begun addressing the lack of transparency surrounding Part D plan sponsors' collection of Direct and Indirect Remuneration ("DIR") fees from independent pharmacies.

DIR . . .

In News and Updates

Senators; New York Times Article Highlights

Contractors Responsible for Collecting Debts Alleged against Medicare Providers 

A recent New York Times article, available here, detailed abuses committed by debt collection agencies contracted by the United States Department . . .

In News and Updates

HIPAA UPDATE: OCR RELEASES CYBER-ATTACK RESPONSE

The Office of Civil Rights of the U.S. Department of Health and Human Services ("OCR") has released a checklist of actions to be taken by covered entities in the event of a ransomware attack or other cyber-related security incident. OCR noted that in investigating breaches of protected health information ("PHI"), it will consider all . . .

In News and Updates

Supreme Court Analysis: Ruling A Victory

The Supreme Court handed biosimilar drug developers a clear victory this week in its decision on Amgen Inc. v. Sandoz Inc.

In its decision, the high court considered the provisions of the federal Biologics Price Competition and Innovation Act of 2009 (the "Act"), specifically, the Act's requirement that biosimilar . . .

In News and Updates

The Next PBM Audit Battleground: Is Your

It appears that the next major challenge for independent pharmacies has been identified: the authorization, or lack thereof, of wholesalers to sell diabetic supplies purchased by the pharmacy.

Less than a year ago, CVS/Caremark unilaterally amended its standard pharmacy agreement to require that pharmacies only purchase . . .

In News and Updates

Express Scripts' New Surety Bond Requirement

Recently, Express Scripts started requiring that pharmacies seeking new enrollment provide a $500,000 surety bond as a condition of entering into the provider agreement. The cost of such a surety bond depends on the pharmacy and its owners' creditworthiness, but is still very high, and can easily exceed $15,000.

We urge new and prospective pharmacy owners to contact us at 212-668-0200 or . . .

In News and Updates

Roche's Test Strips Lawsuit Targets Wholesalers,

On March 28, 2017, Roche Diagnostics Corp. and Roche Diabetes Care, Inc. filed a lawsuit in the U.S. District Court for the Southern District of Indiana, entitled Roche Diagnostics Corp. et al. v. Binson's Hospital Supplies, Inc., et al., ​Docket No. 17-cv-0949 (LJM)(DML). The Indianapolis-based subsidiaries of the Swiss . . .

In News and Updates

TOWARDS INCREASED PBM TRANSPARENCY

Is Increased PBM Transparency on the Way?

Newly proposed Federal legislation would increase PBM transparency regarding aggregate rebates and "spread pricing".An oft-controversial issue, independent pharmacy associations have long lobbied for greater disclosure of the rebates that PBMs receive from drug companies, which . . .

In News and Updates

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