Attorneys for Nursing Facilities
Nursing facilities often have complex structures and a large number of patients, and things get even more complicated with the slate of healthcare laws and regulations that must be followed. As one of the highly rated healthcare law firms in the U.S., Joseph Potashnik & Associates serves healthcare clients from all 50 states, including those associated with nursing facilities.
In addition to consistently bettering our skills and refreshing our knowledge through continuous professional development, we have more than 25 years of experience successfully dealing with legal issues in the healthcare arena.
Healthcare Lawyers Practice Areas
We give our clients the confidence and support to face any legal challenge. Our lawyers provide service to all types of medical and health providers, including nursing facilities, hospitals, pharmacists, clinical diagnostics, clinical laboratories, physical therapists, physicians, physician groups, ambulatory surgical centers, and suppliers of durable medical equipment, prosthetics, orthotics and supplies (DMEPOS).
Selling and Purchasing Healthcare Practices
Transferring ownership of healthcare practices is an intricate process. Physicians and other individuals involved in the transaction are encouraged to seek legal guidance from experienced healthcare lawyers to guide them through the entire process.
Patient Notification: Patient notification is a critical factor that needs to be handled properly during the transaction process. This not only ensures a smooth transition, but it also protects physicians from accusations of professional misconduct and malpractice.
Patients need to be provided adequate time to transfer their medical records and locate another physician. Those actively being treated need to be given continuous services without termination. Those in stable condition require a letter sent in advance.
Medical Records: Protection of medical records is the most crucial factor during the transaction. The patient must provide consent for copies of their medical records given to the purchasing physician or other appropriate office. The buyer may also assume custody of original copies. All processes related to medical records must comply with the Health Insurance Portability and Accountability Act (HIPAA).
Employee Contracts: All employment contracts need to be reviewed to ensure employees observe accountability. Changes in employee benefits need to be addressed with notifications.
Controlled Substances: Healthcare providers terminating their practice are advised to relinquish unused drug samples to the Drug Enforcement Administration (DEA) registration. Unused samples must be appropriately disposed, with a variety of lawful disposal options available in New York City.
Physician Contracts: Contracts the doctors may have made while in office need to be carefully examined with the help of a lawyer. Decisions must then be made, with the physician either terminated or assigned to the purchaser. Management companies, equipment suppliers and insurance companies are often involved in the signing of these contracts.
Anti-kickback Statute: Cash-upon-purchase is the preferred payment method for transactions as it helps to ensure parties avoid violating the anti-kickback statutes. This statute prohibits the acceptance of any indemnification for carrying out a healthcare transaction. Legal counsel can be imperative to make sure physicians are not unknowingly violating the statute.
Attorneys for Healthcare Practice Formation
Setting up a healthcare practice involves many steps that need to be considered.
Choice of Entity: Select options are available in New York for health practices, such as professional limited liability company, general partnership and professional limited liability partnership.
Liability: A limited or corporate liability entity protects the doctor from assuming responsibility of wrongful acts committed by another provider in the business.
Governing Agreements: These terms and conditions govern how the business will operate. They address various aspects that include management, transfer of interests and allocation of profits and losses.
Contracts: Contracts need to be signed with other physicians and employees, as well as for rental of space for the business entity.
Healthcare Audit Defense Attorneys
The lawyers at Joseph Potashnik & Associates are highly equipped with the experience and knowledge required to defend against various allegations made by the audit source. Some of the more common audits we’ve assisted with include:
Medicaid Audits: The Medicaid Integrity Program (MIP) detects error or fraud in auditing, and they help educate healthcare providers on proper submission of Medicaid compliance.
Private Payer Audits: Providers covered by commercial insurers are involved in these audits. They include a request for medical records, facility inspection, staff interviews and medical exams.
Over-payment Audits: Medicaid contractors or private insurers conduct this audit, which involves a review of claims submitted by the provider.
Investigations: Investigations by state law enforcement agencies can be triggered by a number of factors. They may result in professional sanctions, civil litigation or criminal prosecution.
Attorneys for Healthcare Compliance Programs
Healthcare compliance programs allow providers to successfully evade or challenge fraud accusations. They likewise help reduce errors that can trigger investigations. These programs are especially important for providers participating in Medicaid, Medicare and SCHIP, and laws are changing to make them mandatory.
As license defense lawyers, the attorneys at Joseph Potashnik & Associates offer services that include nursing license defense, dental license defense, pharmacist license defense, medical licensing and OPMC representation.
Attorneys for Nursing Homes
Nursing homes provide many services to a large number of clients, making them primary targets for Medicaid and Medicare audits and investigations. Our health attorneys have the experience and knowledge to effectively represent nursing homes during the auditing, investigation and prosecution process.
Attorneys for Criminal Defense and Government Investigations
Healthcare providers are frequently targeted for violating government laws. Cases may involve illegal hiring practices, fraud or many other issues. The lawyers at Joseph Potashnik & Associates are both experienced and knowledgeable in the healthcare arena, and we do everything within our power to help protect the rights of health providers.