Servicing health care clients was our original focus when Garfunkel Wild was founded over 30 years ago, and it remains a cornerstone of our firm’s practice today. We work with every sector of the health care marketplace—from institutional, ancillary and professional health care providers to clinically integrated networks, ACOs, IPAs and PHOs, to health care information technology and billing companies, advising each on a wide range of issues.
HEALTH CARE AND BUSINESS
The highly experienced attorneys in our Health Care and Business practices can help clients develop effective strategic plans and assist with the execution of those plans, including practice/entity structure and formation, certificate of need approvals, licensing, accreditation and certification, mergers and acquisitions, DSRIP collaborations, joint ventures, governance and clinical integration. We also negotiate, draft, and review all types of agreements, from medical staff, faculty practice plan and physician contracts, to shareholder and operating agreements, to managed care/third-party payor participation agreements, to billing and other vendor agreements.
Our Compliance and White Collar Defense and HIPAA Compliance practice areas provide advice on compliance with Federal and State health care law, including issues relating to antitrust, anti-kickback, anti-self-referral, False Claims Act, Medicare/Medicaid program compliance, and HIPAA. We have helped many clients develop, implement and supervise corporate compliance programs, prepare for and defend against both routine and more complex audits, and submit reimbursement appeals. We also handle “white collar” defense, including audits, investigations and other “health care fraud” matters, and the defense of licenses before professional licensing boards.
GW’s Employment Law group provides industry- specific compliance advice and handles disputes for a number of health care clients. The Environmental Law practice area advises our clients on environmental law compliance (including conducting audits) and can help mitigate and resolve any issues that arise in that arena.
FINANCE AND REAL ESTATE
Our Finance and Real Estate attorneys routinely assist our clients with matters concerning tax- exempt and taxable financing, including representation before DASNY, MCFFA, HUD, and IDAs, as well as all phases of real estate including sale, exchange, purchase and development. We are also often asked to assist with leasing and construction projects involving medical offices, ambulatory surgery centers, nursing homes, and other health care facilities, as well as equipment acquisition and leasing, with both tax-exempt and traditional equipment lessors.
HEALTH CARE INFORMATION AND TECHNOLOGY
GW’s Health Care Information and Technology practice advises health care institutions, professionals, regional health information organizations (RHIOs)/ health information exchanges (HIEs), and other organizations regarding the laws and regulations affecting health care technology, including “meaningful use” and incentive funding requirements applicable to electronic health records. We also review, negotiate and draft IT hardware and software agreements for many health care clients.
CORPORATE REORGANIZATION AND BANKRUPTCY
Our Corporate Reorganization and Bankruptcy group provides advice on corporate reorganizations under federal bankruptcy laws, business workouts, debt-restructurings, acquisition of troubled companies’ assets out of bankruptcy, claims trading, debtor-in-possession lending, enforcement of creditors’ rights generally, asset protection and debtors’ rights. We have assisted numerous hospitals and other health care clients, in successfully navigating these difficult circumstances.
DISCHARGE PLANNING, PATIENT RIGHTS, AND ELDER LAW
The Discharge Planning, Patient Rights, and Elder Law practice group provides advice on a variety of patient’s rights issues related to treatment and appropriate discharge of patients from a hospital, nursing home or home health care setting, and also advises health care providers and individuals concerning issues of Medicare and Medicaid planning and reimbursement.