The Firm provides legal advice to numerous home care agencies, including licensed and certified agencies in numerous states, with respect to corporate, transactional, regulatory, reimbursement, compliance, wage and hour, wage parity enforcement, and litigation matters.
More specifically, our areas of expertise include:
- Home Care Structures and Contracts including contracts and corporate structuring issues and negotiation of managed care contracts and formation of independent practice associations (IPAs).
- Home Care Agency Transactions including mergers, acquisitions, reorganizations, and joint ventures, certificate of need requirements, guidance on antitrust, corporate, regulatory, and tax issues.
- Compliance, Audits, Investigations, and Appeals including Medicare and Medicaid audits, investigations, and appeals by the New York State Department of Health, Office of the Medicaid Inspector General, and Medicaid Fraud Control Unit; the Health and Human Services Office of Inspector General and Centers for Medicare and Medicaid Services; and the U.S. Department of Justice. Issues include fraud and abuse issues, the physician self-referral law (Stark) and the anti-kickback statute.
- Health Care Litigation and Dispute Resolution including federal and state court litigation, administrative challenges to governmental action, and arbitration proceedings with managed care companies.
- Employment Matters including paid family leave and other leave laws applicable to employees, reasonable accommodation for employees with disabilities, immigration compliance, workers’ compensation mitigation, unemployment insurance claims, wrongful terminations, noncompetition and confidentiality obligations for employee, and recruitment and hiring.
- Wage Parity including OMIG audits, self, audits and compliance with Wage Parity rules.
- CDPAP including advice concerning fiscal intermediaries including establishment of CDPAP and enrollment of consumers and personal assistants, negotiation of MLTC contracts and rates with managed care organizations, preparation of necessary policies and procedures for CDPAP, and compliance with Wage Parity requirements for fiscal intermediaries.
- Wage and Hour Compliance including federal and New York Department of Labor audits and wage and hour lawsuits, self-audits to ensure compliance with wage and hour laws.
- Health Care Reform including health care reform initiatives, such as the delivery system reform incentive payment (DSRIP) program, and accountable care organizations (ACOs).
- HIPAA and Privacy Issues including compliance with the Health Insurance Portability and Accountability Act (HIPAA), the federal rules governing the confidentiality of substance abuse treatment services, and New York State confidentiality laws, and managing privacy breaches and breach notifications.
- Real Estate including drafting and negotiating commercial leases for office space, representing borrowers and lenders in financing matters related to real estate; securing regulatory approvals for and providing representation after completion of construction, including on leasing, refinancing, and sales.