Legal Services

Health Care

ABOUT HEALTH CARE

Healthcare law is a rapidly evolving, complex field. Archer approaches its practice in this area by applying such a multidisciplinary approach, joining the expertise of health care lawyers from the firm’s litigation, corporate/tax, labor and real estate departments whose practice has a special emphasis on health care issues. Our health care practice provides team oriented services to fit the needs of corporations (both for profit and nonprofit) and for individuals. Archer’s healthcare lawyers represent clients from all segments of the health care industry, from serving as physician attorneys, to representing hospitals, nursing homes, assisted living residences and other retirement communities, medical staffs, home care and nursing providers, adult medical day care centers, ambulatory care and federally qualified health centers, rehabilitation centers and facilities for the developmentally disabled, as well as providers of other ancillary health care services.

SERVICES PROVIDED TO THIS DIVERSE GROUP OF CLIENTS IN THE CONTEXT OF HEALTH CARE RELATED CONCERNS ARE SIMILARLY EXPANSIVE AND BROAD-BASED:

Administrative healthcare law – licensing (including certificates of need); representation before professional boards (licensing, compliance and disciplinary issues); representation before regulatory agencies and accrediting bodies (hearings and other compliance proceedings).

White collar criminal issues – We serve as health care fraud lawyers in defense of cases including representation of corporations and individuals in state and federal grand jury investigations, representation in HHS/OIG investigations and corporate internal investigation, including whistleblower allegations.

Complex regulatory issues – We serve as medical compliance lawyers in a variety of sectors, like corporate compliance including antitrust compliance and review; environmental counseling and compliance (including medical waste disposal); insurance. We also serve as Medicare fraud defense attorneys, and handle issues involving Medicare and Medicaid abuse counseling.

General corporate – formation of nonprofit corporations; limited liability companies; professional corporations; partnerships; integrated delivery systems (PPOs, IPAs, joint ventures, HMOs, MSOs); ongoing corporate compliance review; general counseling (bylaws preparation, including medical staff bylaws); procedures; contract preparation and review (including negotiation of managed care agreements); business planning; transactional (acquisitions; buy/sell; dissolution); securities (public and private offerings; opinions); protection of intellectual property, corporate healthcare fraud.

Taxation – general counseling specific to the needs of health care providers; employee -independent contractor issues; special emphasis on nonprofit tax counseling and compliance (including CEP audits and unrelated business issues).

Labor – We have healthcare labor lawyers to handle a range of issues, such as: union organizing in health care providers; administrative healthcare law compliance (FMLA; ADA; OSHA; Federal and State wage and hour; other federal and state discrimination laws); general labor counseling (handbooks; drug testing; other policies and procedures); ERISA Real Estate -transactional and land use issues that pertain to the construction and expansion of health care facilities.

Other Medical/Legal – We serve as hospital/medical staff relations lawyers, and handle hospital/medical staff hearings; bioethics (including advance directives); patient rights; medical malpractice; risk management counseling; insurance coverage disputes; provider/insurer controversies; reimbursement.

Litigation – healthcare litigation support in all areas in trial and appellate courts as well as administrative agencies: such as antitrust; guardianships; patients rights; medical staff discipline; licensure; insurance coverage; medical malpractice; discrimination; unfair labor practices; contracts; corporate and partnership dissolution; intellectual property. One of our members is a former federal prosecutor who has extensive experience in health care fraud related matters. Our attorneys also have experience in alternative dispute resolution.

Tax-exempt Financing – disclosure agreements applicable to health care providers; extensive experience in all issues relating to qualified 501(c)(3) bonds.

Members of Archer’s healthcare law group develop and share their expertise in service to the community and the bar. One of our members has recently been the Chair of the Health and Hospital Section of the New Jersey State Bar Association. Two of our members have served as the Board Chairmen of the largest university affiliated tertiary care hospital and the largest multi-division community hospital system in Southern New Jersey. Another is on the board of a major continuing care/nursing facility and another has served as Vice-Chair of a facility for the handicapped. Our attorneys have written and lectured in the field for the New Jersey Institute of Continuing Legal Education and other organizations.

Archer maintains an extensive in-house health care library and computer researching capability that allows its healthcare attorneys to keep constantly abreast of developments and issue appropriate updates on those developments to its clients.

Experience

  • Experience assisting hospitals, assisted living facilities, physician groups, integrated delivery systems and other health care clients with their transactional needs and compliance issues.
  • Our attorneys have acted as general counsel to a hospital client, advising it on compliance programs and policies, as well as issues regarding medical staff bylaws, physician contracting, EMTALA, Stark, Anti-kickback and managed care contracting.
  • Assisted various clients in forming ventured ambulatory surgery centers and imaging facilities; drafted private securities offerings; negotiated payor agreements; and negotiated and drafted employment agreements, recruitment agreements, asset purchase agreements, separation agreements, equipment, employee and space leases, and management and administrative services agreements.
  • Worked on various projects including the opening imaging facilities and ambulatory surgery center transactions, hospital renovations, introduction of new services at hospitals and health care facilities, closure of hospital service components, transfers of ownership of nursing home facilities, appropriate staffing compliance at assisted living and adult day health care service facilities.
  • In re Application of Virtua-West Jersey Hospital Voorhees for Certificate of Need, 194 N.J. 413 (2008). This has included a first impression decision related to innovative neurohealth therapies. In re J.M., 292 N.J. Super. 225 (Ch. Div. 1996).
  • Obtained a judgment in a bench trial on behalf of a laboratory testing company in an employee commission dispute.
  • This practice group was responsible for overseeing the enforcement, regulation, and development of licensing requirements for nearly 1100 health care facilities in the State of New Jersey.
  • Represented health care providers in regulatory and compliance matters and transactional matters.
  • Represented individuals and families faced with the difficult tasks related to long-term care planning and obtaining compassionate and competent end-of-life care.

 

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