We counsel healthcare providers, physicians, and suppliers regarding regulatory and operational issues. We also regularly consult with counsel in other firms and in-house legal departments on transactions and litigation.

ADVICE

  • Medicare and Medicaid payment and reimbursement

  • Billing, coding and medical record documentation for health care claims

  • Coverage, medical necessity, quality and appropriateness issues

  • Licensing, certification, and accreditation requirements

  • Fraud and abuse

    • Anti-kickback statutes

    • Physician self-referral prohibitions

    • Patient inducement prohibition

    • Civil money penalties issues, such as gainsharing and excluded parties

    • Quality of care issues

  • HIPAA privacy

  • Developing, implementing and evaluating health care compliance programs

REPRESENTATION

  • Medicare, Medicaid, and private payer denials and overpayment determinations

  • Medicare and Medicaid cost report reimbursement issues

  • Provider enrollment and billing privileges disputes

  • Administrative audits and investigations (OIG, PSC, RAC, MAC, Medicaid agencies, etc.)

  • False Claims Act investigations (OIG, FBI, DoJ, Medicaid fraud units)

  • Internal audits and investigations (coordination of consultants and internal staff)

  • Voluntary refunds and self-disclosures

  • Medicare and Medicaid survey and certification actions (decertification, plans of correction)

  • Utilization review and peer review

  • Quality reporting matters

CONSULTATION 

  • Regulatory aspects of healthcare transactions

  • Fraud and abuse analysis

  • Change of ownership

  • Structuring joint ventures, professional services arrangements and management contracts

  • Data arrangements

  • Due diligence review

  • Regulatory and fraud and abuse issues in litigation

    • Health care fraud and criminal false claims prosecutions

    • Civil False Claims Act litigation

    • Private litigation involving regulatory, reimbursement or fraud and abuse issues

  • Second opinions regarding auditor and consultant findings and recommendations