Health Law

Few industries are as complex as health care - from both a regulatory and business perspective. The attorneys in our multidisciplinary Health Law Practice Group are well-equipped to handle a full range of services for health care entities, from traditional corporate and regulatory matters to complex joint ventures and financing structures.

Our comprehensive health care expertise enables us to provide selected services that complement the in-house counsel function. Alternatively, we can function as outside general or special counsel for a health care entity in accordance with its needs.

Our clients include hospitals, health care systems, and other providers, including long-term and intermediate care facilities, continuing care retirement communities, and physician groups. We also represent community and faith-based health care systems, health care investors, and medical suppliers.

We advise health care entities on general corporate, transactional, employment, regulatory, litigation, intellectual property, environmental, financing (taxable and tax-exempt), and tax matters. In addition, we represent hospitals and other health care providers in connection with a wide range of health care specific issues, including:

  • medical staff and faculty matters, including recruitment, credentialing, employment agreements and restrictive covenants;
  • licensing and accreditation;
  • certificates of need;
  • joint ventures with physicians and other third parties;
  • compliance with state and federal regulations, including anti-kickback and fraud regulations;
  • affiliation arrangements;
  • managed care contracting;
  • corporate compliance plans;
  • clinical trial agreements;
  • vendor contracting; and
  • litigation and government investigations, including physician discipline and whistleblower/qui tam claims.

We also advise health care clients on all types of complex financing structures and transactions, including:

  • mergers and acquisitions and joint ventures;
  • interest rate swaps and other derivative products;
  • tax-exempt bonds (including master trust indenture structures);
  • refinancings and restructurings;
  • securities law matters;
  • formation of integrated delivery systems;
  • leasing transactions, including off-balance sheet (OBS) operating leases;
  • financing of major construction and renovation projects; and
  • credit enhancement techniques, such as bond insurance, FHA insurance, and letters of credit.

Representative Matters

Among our many notable engagements, we have represented:

  • nonprofit hospitals, assisting in mergers and the consolidation of their debt without the need to refund their existing debt;
  • hospital systems, conducting tax and regulatory due diligence;
  • hospitals and medical centers, structuring financing transactions, including accounts receivable financing;
  • physicians and physician groups, preparing professional services contracts;
  • a healthcare entity, assisting with its expansion by providing contract and lease negotiation and land use services;
  • a physician, in connection with peer review;
  • a healthcare entity, in connection with the spinoff of divisions and separate business ventures;
  • a physician group, in connection with labor and employment issues affecting partner physicians and hospitals;
  • various physicians, in connection with their re-credentialing by hospitals;
  • various health care providers, counseling them on Stark Law and state and federal anti-kickback issues in connection with agreements between providers;
  • various hospitals, in connection with their physician practice acquisition strategies; and
  • various for-profit and not-for-profit entities, regarding the completion of IRS forms, including Form 990.

Our experience involving disputes includes:

  • In Gerges et al, v. Internal Medicine Consultants, et al., succeeded in obtaining emergent permanent relief from the New Jersey Superior Court, Chancery Division, allowing three "hospitalist" doctors to avoid a restrictive covenant being asserted by their former employer. The former employer had gone out of business for all practical purposes; and the question presented, which was novel in New Jersey but addressed elsewhere throughout the country, was whether such an entity with only a technical remaining existence (albeit with potentially relevant ongoing medical activities by its former principals) had a right to enforce the former medical practice's restrictive covenant. Our litigation approach was successful in enabling our three clients to obtain a declaration (and other relief)that they were free of the restrictive covenant, with the litigation lasting only a matter of weeks.
  • Served as counsel to a physician subject to a restrictive covenant, enabling him to open a practice in close proximity to his prior practice, without litigation.
  • Represented various providers, helping them avoid litigation with disgruntled physicians in employment and partnership contexts.
  • Served as counsel to a surgery center, in resolving a dispute with a third-party payor.
  • Represented physician groups in connection with shareholder disputes.
  • Counseled various health care providers, successfully defending them against seven-figure qui tam claims, resolving governmental overpayment, and drafting shareholder and operating agreements.

Attorneys in the Health Law Practice Group work closely with colleagues in the Firm's other Practice Groups, including Tax; Public & Not-for-Profit Finance; Financial Transactions; Employment & Employee Benefits; Environmental Law; Governmental Relations; Litigation & Alternative Dispute Resolution; and Real Estate, providing clients with comprehensive representation.