Our Health Practice attorneys provide counsel to a wide range of health care providers, including hospitals, skilled nursing facilities, assisted living providers, home health agencies, hospices, clinics, ambulatory surgery centers, behavioral health providers, clinical laboratories, pharmacies, and individual practitioners. We represent nonprofit, for-profit, and public health care organizations, including some of the largest hospital systems in New York State. We assist with corporate, transactional, regulatory, reimbursement, compliance, enforcement, and litigation matters. With a broad understanding of the New York regulatory landscape, we help clients anticipate and respond to the increasingly complex rules governing the delivery, financing, and regulation of health care services.
Using a multidisciplinary approach, our Health Practice attorneys work with attorneys in other key practice areas, including corporate, real estate, finance, tax, labor and employment, bankruptcy, immigration, intellectual property, and litigation, to offer health care providers the coordinated and informed counsel they need to meet their legal challenges.
Hodgson Russ has been awarded a prestigious “Best Law Firms” National Tier 2 ranking by Best Lawyers/U.S. News & World Report in the Health Care Law category. Our Health Practice is recognized by Chambers USA: America’s Leading Lawyers for Business.
Audits, Investigations, and Appeals
We represent health care providers in Medicare and Medicaid audits, investigations, and appeals, including Medicare appeals before the Provider Reimbursement Review Board. We also represent health care providers in government investigations and enforcement proceedings before the New York State Department of Health, Office of the Medicaid Inspector General, and Medicaid Fraud Control Unit; the Health and Human Services Office of Inspector General and Centers for Medicare and Medicaid Services; and the U.S. Department of Justice.
Health Care Litigation and Dispute Resolution
Hodgson Russ represents health care providers in federal and state court litigation, administrative challenges to governmental action, and arbitration proceedings with managed care organizations.
Health Care Mergers, Acquisitions, and Joint Ventures
We structure health care mergers, acquisitions, reorganizations, and joint ventures. We advise on the application of New York’s certificate of need requirements to proposed combinations. Our attorneys also provide guidance on antitrust, corporate, regulatory, and tax issues.
Health Care Transactions, Operations, and Contracts
We advise health care providers on contracting and corporate structuring issues and assist providers with analyzing and negotiating managed care contracts and forming independent practice associations (IPAs). We counsel clients on issues related to fraud and abuse, including the physician self-referral law (Stark) and the anti-kickback statute.
Health Care Reform
Hodgson Russ assists health care providers in responding to health care reform initiatives, such as the delivery system reform incentive payment (DSRIP) program, accountable care organizations (ACOs), and health homes. We also provide guidance on accessing reimbursement incentives (such as Medicaid Redesign Team (MRT) initiatives).
HIPAA and Privacy Issues
Our attorneys advise and represent covered entities and business associates on privacy matters under the Health Insurance Portability and Accountability Act (HIPAA), the federal rules governing the confidentiality of substance abuse treatment services, and New York State confidentiality laws. We assist providers in negotiating contractual relationships and managing privacy breaches and breach notifications.
Licensure, Certification, and Surveys
We represent skilled nursing facilities challenging survey deficiencies through the informal dispute resolution (IDR and independent IDR) processes and administrative appeals to the Departmental Appeals Board of the U.S. Department of Health and Human Services.
Medicare, Medicaid, and Other Reimbursement Issues
We advise health care providers on Medicare and Medicaid billing and reimbursement issues and assist them in analyzing the reimbursement consequences of alternative business structures. We represent providers in Medicare and Medicaid audits and appeals, including Medicare appeals before the Provider Reimbursement Review Board.
Nonprofit Organization and Governance Issues
We advise nonprofit health care boards on best practices in corporate governance and regulatory compliance. Our attorneys assist in the development of charters and bylaws and the formulation of compliance policies. We also assist in conducting internal investigations relating to potential compliance violations, including whistleblower allegations, and in responding to inquiries from governmental agencies.
Physicians, Licensed Professionals, and Group Practice Issues
We negotiate the purchase and sale of physician practices and advise on physician recruitment issues. Our attorneys prepare contracts to comply with fraud and abuse, IRS, and other applicable guidelines. We advise facility administration, physicians, and other licensed professionals on contract negotiations, third-party payor reimbursement, purchases and sales of assets, and medical staff credentialing and disciplinary issues. We represent physicians and other licensed health care professionals in disciplinary proceedings before their respective licensing boards.
We counsel providers in the development, implementation, review, and revision of their compliance programs, which are mandatory in New York under Social Services Law § 363-d and 18 NYCRR Part 521. We provide guidance on internal audit and monitoring, risk assessment, and corrective measures, such as self-disclosure, employee discipline, and enhanced training. We advise clients on privacy matters under federal and New York State laws and on issues related to fraud and abuse, including the physician self-referral law (Stark) and the anti-kickback statute.
- Successful Challenge to Immediate Jeopardy Deficiencies for Nursing Home Client
- Another Successful Challenge to Immediate Jeopardy Deficiencies for Skilled Nursing Facility
- Article 78 Proceeding Ensures Client's Enrollment as a Medicaid Provider
- Chapter 11 Proceedings for Full-Service Hospital
- Development and Financing of Medical Office Building
- IPA Regulatory and Contracting Issue Advisement
- Judge Recommends Approval for Certificate of Need for Major Health Care System
- Multiparty Merger of Western New York Hospital Group
- Public Nursing Home Restructurings
- Renegotiation of Hospital System Relationship on Behalf of Radiology Group
- Sale of Medical Office Complex
- Structuring a Joint Venture to Develop Innovative Model of Care Delivery on Behalf of Large Hospital System
- Successful Merger of Numerous Hospitals, Nursing Homes, Foundations & Subsidiaries
- News Release, July 28, 2016
- June 3, 2016
- Buffalo Business First, December 11, 2015
- Hodgson Russ Earns Five National-Level Rankings in U.S. News & World Report/Best Lawyers 'Best Law Firms' ReportPress Release, November 18, 2015
- Albany Business Review, November 6, 2015
- Buffalo Law Journal, July 27, 2015
- Press Release, June 15, 2015
- Press Release, February 12, 2015
- May 30, 2013
- September 19, 2012
- June 19, 2012
- Environment and Health Law Practices, Carole Aciman, Bethany Hills Trachtenberg, and Ellen V. Weissman Listed in 2012 Chambers USAJune 11, 2012
- Health Group, Ellen V. Weissman, Carole Aciman Included in Chambers USA: America’s Leading Lawyers for BusinessJune 17, 2011
- February 16, 2011
- Health Care: Lots of Questions From ClientsBuffalo Law Journal, November 1, 2010
- July 2, 2010
- October 14, 2008
- July 9, 2008
- The Offices of Hodgson Russ LLP, 140 Pearl Street, Buffalo NY, October 6, 2016
- The Offices of Hodgson Russ LLP, 140 Pearl Street, Buffalo, NY, November 19, 2015
- Stark Law Do's and Don'ts: Best Practices for Physician Financial RelationshipsJoint Compliance SeminarMay 19, 2015
- New York, NY, October 10, 2012
- Buffalo, NY, July 29, 2009
- Buffalo Law Journal, August 25, 2016
- Health Alert, November 3, 2015
- Health Alert, July 17, 2015
- Hodgson Russ Newsletter, May 22, 2015
- What Does the Decision in Home Care Association of America v. Weil Mean for Home Care Employers in New York?Labor & Employment Alert, December 24, 2014
- New York Law Journal, November 10, 2014
- Labor & Employment Alert, August 26, 2013
- The Journal of Medical Practice Management, March/April 2012
- Health Alert, September 6, 2011
- Health Alert, June 20, 2011
- Health Alert, June 1, 2011
- Health Alert, February 28, 2011
- Health Alert, November 3, 2009
- August 21, 2009
- Health Alert, July 9, 2009
- American Health Lawyers Association, April 22, 2009
- Health Alert, March 27, 2009
- Health Law, March 17, 2009
- Dennis Barry’s Reimbursement Advisor, August 2008
- New York State Bar Association Health Law Journal, 2007