Physicians/Health Professionals

PHYSICIANS / HEALTH PROFESSIONALS

GW represents hundreds of health professionals, including physicians, dentists, optometrists, therapists, chiropractors, physician assistants and nurse practitioners, throughout the tri-state region. As with all of our clients, the breadth and depth of our experience is a major benefit for these clients. Representative services we provide include:

Practice Formation and Operations

  • Advice regarding business structure — corporations, limited liability companies, partnerships, etc.
  • Entity formation and preparation of bylaws
  • Preparation and negotiation of shareholder, partnership agreements, and operating agreements
  • Preparation and negotiation of employment and independent contractor agreements
  • Management companies
  • Practice restructuring
  • Evaluating and improving practice profitability
  • Billing and collection issues
  • Physician buyouts
  • Successor planning
  • Practice disputes and break-up
  • Purchase/sale of practice
  • Patient related policies and procedures (including financial aid)
  • Certificate of need (CON)
  • Ambulatory surgical centers
  • Office-based surgical suites
  • Regulatory approval/liaison
  • Enforceability of restrictive covenants

Mergers/Acquisitions/Joint Ventures

  • Strategic planning
  • Regulatory approvals
  • Contract negotiations

Health Care Delivery Models

  • Advice regarding participation in various delivery networks, including sale/transfer of practice
  • Accountable Care Organizations (ACOs)
  • Independent Practice Associations (IPAs)
  • Physician Hospital Organizations (PHOs)
  • NYS Delivery System Reforem Incentive Program (DSRIP) Performing Provider Systems (PPS)
  • Negotiation of participation agreements with networks
  • Evaluating and advising regarding new compensation models (e.g., value-based purchasing)

Compliance

  • Advice regarding:
  • fraud and abuse
  • anti-kickback
  • State and Federal “Stark” laws
  • Fee-splitting
  • Corporate practice of medicine issues
  • Medicare and Medicaid billing
  • False Claims
  • Civil Monetary Penalty
  • Sale of services/products related to professional services
  • Compliance programs and training
  • Governmental audits, including RAC audits

"White collar" Defense

  • Defense of license before professional and state bodies
  • Defense against government program sanctions
  • Civil and criminal defense under Federal and State law

HIPAA/HITECH

  • Compliance analysis
  • Development of compliance manual, educational and oversight programs
  • Data breach mitigation; responses to government audits and breach investigations

Information Technology

  • Electronic Health Records
  • Negotiating hardware and software contracts
  • Telemedicine/Mobile health
  • Emergency/Back-up contingency planning

Managed Care

  • Contract negotiations – value based purchasing
  • Contract and claim disputes
  • Contract terminations, hearings
  • Third-party payor audits

Real Estate/Finance

  • Equipment acquisition and leasing
  • Sale, lease and construction of medical offices and other health care facilities
  • Real property tax matters for both tax-exempt and taxable owners
  • Tax-exempt and taxable financing transactions
  • Special advice on healthcare regulatory issues in varied financing transactions

Environmental

  • Environmental due diligence and compliance audits
  • Negotiation of clean-up agreements with regulatory agencies and contractors
  • Environmental compliance advice, including hazardous and regulated medical waste

Employment

  • Human resources issues
  • Personalized training programs for medical staff
  • Compliance with state and federal wage, safety, overtime, and discrimination laws.
  • EEOC, Labor Department, human rights investigations
  • Employment and separation agreements

Medical Staff/Credentialing

  • Medical staff privileging disputes, investigations
  • Academic appointments

Estate Planning

  • Preparation of wills, and revocable and irrevocable trusts
  • Retirement plans, distribution calculations, and beneficiary designations
  • Practice and business succession issues

Taxation

Corporate Reorganization and Bankruptcy

Litigation and Arbitration

  • Litigation in Federal and State courts, arbitration, and mediation relating to all of the areas described above
  • Appeals