
Contacts
- 716.848.1246
- 716.848.1369
Our Home Care Practice attorneys provide counsel to multiple home care agencies with respect to corporate, transactional, regulatory, reimbursement, compliance, wage and hour, wage parity 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 industry.
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 Healthcare Practice is recognized by Chambers USA: America’s Leading Lawyers for Business.
Audits, Investigations, and Appeals
We represent home care providers in Medicare and Medicaid audits, investigations, and appeals 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 home 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.
Wage Parity
Hodgson Russ represents home care providers in OMIG audits challenging compliance with Wage Parity Law. We assist clients with self-audits and compliance questions relating to Wage Parity, including the development of compliant Wage Parity plans.
CDPAP
We advise fiscal intermediaries concerning establishment of CDPAP and the enrollment of consumers and personal assistants, negotiation of MLTC contracts and rates with managed care organizations, preparation of necessary policies and procedures for the CDPAP, and compliance with Wage Parity requirements for fiscal intermediaries.
Wage and Hour Compliance
We represent home care providers in federal and New York Department of Labor audits and wage and hour lawsuits. Hodgson Russ attorneys also assist home care providers in doing self-audits to ensure their compensation practices comply with complex wage and hour laws, including the Domestic Workers’ Bill of Rights, spread of hours, split shift, call-in pay, and travel time.
Labor and Employment
Hodgson Russ attorneys advise home care providers concerning all aspects of their labor relations, including union avoidance and collective bargaining agreements, paid family leave and other leave laws applicable to employees, reasonable accommodation for employees with disabilities, immigration compliance, workers’ compensation mitigation, unemployment insurance claims, wrongful terminations, noncompetition and confidentiality obligations for employees, and recruitment and hiring.
Health Care Transactions, Operations, and Contracts
We advise home 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 home care providers in responding to health care reform initiatives, such as the delivery system reform incentive payment (DSRIP) program, and accountable care organizations (ACOs). 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.
Medicare, Medicaid, and Other Reimbursement Issues
We advise home 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.
Real Estate
Our attorneys represent home care agencies in drafting and negotiating commercial leases for office space, managing tax credits, representing borrowers and lenders in financing matters related to real estate; securing regulatory approvals for and providing representation after completion of construction, including on leasing, refinancing, and sales.
In the News
- Buffalo Business First, September 14, 2022
- Law 360, June 7, 2021
- April 23, 2020
- Home Health Care News, September 30, 2019
- Home Health Care News, September 26, 2019
- Albany Business Review, April 19, 2019
- Buffalo Business First, April 19, 2019
- Home Health Care News, March 28, 2019
- Buffalo Business First, April 27, 2018
- Buffalo Business First, March 21, 2018
Press Releases
- September 16, 2022
- Hodgson Russ Press Release, April 27, 2020
- Hodgson Russ Press Release, March 24, 2020
Publications
- Hodgson Russ Home Care and Healthcare Alert, May 16, 2023
- February 7, 2023
- Hodgson Russ Home Care Alert, December 20, 2022
- Hodgson Russ Home Care Alert, August 19, 2022
- Hodgson Russ Home Care Alert, May 5, 2022
- Hodgson Russ Healthcare Alert, May 11, 2020
- Hodgson Russ Healthcare Alert, April 24, 2020
- Hodgson Russ Home Care Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 8, 2020
- Hodgson Russ Home Care Alert, April 4, 2020
- Hodgson Russ Healthcare & OSHA Alert, April 2, 2020
- Hodgson Russ Healthcare Alert, March 31, 2020
- Hodgson Russ Healthcare Alert, March 20, 2020
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Home Care Alert, April 1, 2019
- Hodgson Russ Home Care Alert, March 29, 2019
- Hodgson Russ Home Care Alert, March 26, 2019
- Hodgson Russ Home Care Alert, March 12, 2019
- Hodgson Russ Home Care Alert, March 8, 2019
- Home Care Alert, February 28, 2019
- Home Care Alert, February 19, 2019
- Home Care Alert, January 29, 2019
- Home Care Alert, January 23, 2019
- Home Care Alert, January 16, 2019
- Labor & Employment Alert, January 15, 2019
- Home Care Alert, January 9, 2019
- Home Care Alert, December 26, 2018
- Home Care Alert, December 18, 2018
- Home Care Alert, December 18, 2018
- Home Care Alert, December 11, 2018
- Home Care Alert, November 5, 2018
- Home Care Alert, October 25, 2018
- Home Care Alert, October 23, 2018
- Home Care Alert, October 8, 2018
- Home Care Alert, October 8, 2018
- Home Care Alert, September 27, 2018
- Home Care Alert, September 26, 2018
- Home Care Alert, September 21, 2018
- Home Care Alert, August 24, 2018
- Home Care Alert, August 8, 2018
- Home Care Alert, August 6, 2018
- Home Care Alert, July 27, 2018
- Home Care Alert, July 27, 2018
- Home Care Alert, July 19, 2018
- Home Care Alert, July 12, 2018
- Home Care Alert, June 29, 2018
- Home Care Alert, May 31, 2018
- Home Care Alert, May 29, 2018
- Home Care Alert, May 22, 2018
- Home Care Alert, May 14, 2018
- Home Care Alert, May 10, 2018
- Home Care Alert, April 2, 2018
- Home Care Alert, March 7, 2018
- Home Care Alert, January 23, 2018
- Home Care Alert, January 22, 2018
- Home Care Alert, December 19, 2017
- Home Care Alert, December 19, 2017
- Home Care Alert, December 14, 2017
- Home Care Alert, December 13, 2017
- Labor and Employment Alert, December 12, 2017
- Home Care Alert, November 29, 2017
- Home Care Alert, November 28, 2017
- Home Care Alert, November 15, 2017
- Home Care Alert, November 14, 2017
- Home Care Alert, November 3, 2017
- Home Care Alert, August 11, 2017
Presentations & Events
- Hodgson Russ, 140 Pearl Street, Buffalo, NY 14202, September 22, 2023
- October 9, 2020
- March 17, 2020
- December 27, 2019
- December 9, 11 & 16
- New Paltz, New York, September 6, 2019
- Saratoga Springs, NY, May 9, 2019
- Troy, NY, March 19, 2019
- December 20, 2018
- December 13, 2018
- Uniondale, New York, October 23-24, 2018
- 605 Third Avenue, Suite 2300, New York, NY 10158, May 23, 2018
- New York City, January 24, 2018