Attorneys for Pharmacies, Dispensaries, Management Companies
In the complex world of healthcare, pharmacies and dispensaries are subjected to a growing body of regulations that ensure they comply with laws enacted to protect patients. This can make it extremely difficult for pharmacies to navigate the constantly changing regulatory environment – and they may find themselves in situations that require legal representation.
When choosing that representation, it’s essential to ensure your legal team has the knowledge and experience to handle your specific matters. You’ll find that knowledge and experience here at Joseph Potashnik and Associates, where we work diligently to make sure you achieve the results you need in your case.
How Our Process Works
When you retain the services of Joseph Potashnik & Associates for your case, our first step is to schedule a discussion at your convenience. Because healthcare situations involve complex laws and regulations, we make the time to answer all questions you may have. The most common legal issues our clients often ask about include:
- Compliance with Start law and other abuse and fraud laws
- Compliance and reimbursement for Medicare Part D
- Employment agreements and ownership structures
- Licensure regulations and issues
- Compliance with HIPAA and Business Associate Agreements
Dealing with these issues is complex, and it’s critical to opt for the services of lawyers who deal with such matters on a daily basis. You’ll find them at Potashnik & Associates. We know what it takes to work through these issues and, most importantly, what it takes to win such cases.
We don’t rely on cookie-cutter solutions that may seem the most straightforward route to take. We instead rely on innovation, crafting solutions specifically tailored to the needs of each client that result in favorable client outcomes.
The days of locally owned pharmacies are gone, replaced by facilities owned by various corporate entities. This results in the need for physician groups and pharmacy management organizations to constantly strive to keep pace with required rules and regulations.
Because the laws are so complex, it’s nearly inevitable that questions will arise and problems results from a misunderstanding or misinterpretation. Penalties can be severe in such cases, even if there was no intention of wrongdoing. The attorneys at Potashnik & Associates understand this, and we tap into our years of experience to help our clients get through these difficult times to emerge with their businesses and reputations still intact.
Pharmacies Owned by Physicians
While corporate pharmacies are common, some pharmacies are still owned by physicians. These arrangements, too, often come with a multitude of laws to which doctors must strictly adhere to avoid conflicts of interest or other potentially fraudulent acts. Our attorneys regularly counsel our clients on issues relating to such laws, which include Stark law and laws related to self-referrals and kickbacks.
In many cases that involve fraud allegations, mistakes that were made are often due to being unclear about certain aspects of the law. The legal counsel of Potashnik & Associates can help you avoid such situations and protect your hard-earned reputation.
Investigations and Audits
Investigations and audits are common for doctors and pharmacists, especially those related to Medicare, Medicaid and licensure issues. Our attorneys stay abreast of the most recent regulations and laws in these and other areas, making us the most knowledgeable and qualified firm available to assist with such cases. We have counseled pharmacists and doctors on a variety of issues, with some of the most common including:
- Standards for licensure and education
- Medical necessity
- Pharmacy claims reviews
- Referral relationships
- Third-party audits and subsequent issues
We highly recommended retaining legal counsel for any type of investigation, and to always have legal counsel present during any meetings with federal, state or local investigators. Having a lawyer present during questioning ensures clients are made aware of their rights. Attorneys also serve as a witness during the meeting lest any problems arise.
Pharmacy Business Agreements
The successful operation of a pharmacy business relies on business agreements with employees, physicians, vendors, pharmaceutical companies and other entities. It is recommended that all agreements be in writing, and that written agreements are drafted by an experienced lawyer to avoid problems down the line. The attorneys at Potashnik & Associates can draft the most complex of agreements, including lease agreements, compliance agreements, equipment contracts, employment contracts and others.
Medicare and Medicaid
As with most government programs, Medicare and Medicaid are rife with complexities that make them challenging for pharmacists and doctors to understand. The constantly changing nature of these programs makes them even more of a challenge, making such programs the basis for many abuse and fraud allegations against pharmacies. Our lawyers understand the problems related to Medicare and Medicaid, and we work hard to ensure our clients understand the issues and how to manage their pharmacies accordingly.
If your business is experiencing any issues associated with pharmacy management, Potashnik & Associates is here to help. We take client concerns seriously, and we work hard to help you achieve the results you need and deserve. Call 212-577-6677 to speak with one of our lawyers today.