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Health Care

More than ever, health care providers must adapt to a rapidly evolving health care delivery landscape. Implementation of the Affordable Care Act’s new regulations and rules, and current legislative uncertainty surrounding the future of the ACA, continue to challenge providers.  Just a few of the stresses include:

  • Local community hospitals are now only one component in a wider and more competitive healthcare ecosystem. Cost, access, and quality still count, but location alone can no longer assure the margins needed to support provider missions.
  • Complex regulatory initiatives for medical care delivery are expanding at the same time that healthcare providers’ success is being challenged through diminished payment and reimbursement.
  • Trends towards payments for quality outcomes can conflict with existing legal restrictions.

As providers adapt in this fluid environment, their legal needs change.  Eills Law is committed and positioned to serving these evolving legal demands.

Representative Work

  • Counsel to specialized New Hampshire medical practice in asset purchase of existing medical practice, including assets of Medicare-certified and NH licensed ASC; creation of legal entities appropriate for practice; counsel for Medicare certification for ASC.
  • Counsel to New Hampshire hospital in establishment of substance abuse treatment clinic under third-party control.
  • Counsel to New Hampshire provider regarding Institutional Review Board oversight of internal, grant-funded study.
  • Counsel to physician group in development and opening of new ASC, including corporate formation and organization, employment agreements, certification, and related issues.
  • Counsel to New Hampshire provider regarding Stark Law regulations effective 2016, issues associated with audits of physician contracts, and related compensation arrangements.
  • Counsel to numerous recruited physicians and negotiations of employment agreements.
  • Counsel to hospital-physician joint venture for establishment of ASC, including LLC formation and Anti-kickback statute safe harbor issues.
  • Counsel to New Hampshire entities concerning implementation of State Insurance Exchange and related Federal and State developments.
  • Counsel to physicians before payor credentialing bodies.
  • Counsel to entities concerning Patient Protection and Affordable Care Act (“ACA”) provisions, “Sunshine Act” requirements under Section 6002, anti-Kickback statute modifications, and False Claims Act issues.
  • Counsel to entities concerning HITECH/HIPAA and 42 CFR Part 2 provisions and requirements.
  • Counsel to a New Hampshire health care facility in establishment of, and physician recruitment for, cardiology practice, as well as negotiation of non-compete agreements.
  • Counsel to an independent physician practice group concerning payment for ancillary services, use of employment/recruitment agreements, negotiation of leases, purchase of real estate, and related Anti-Kickback statute and Stark law issues.
  • Counsel to a non-profit healthcare providers concerning Board of Trustees’ duties, liabilities, and evolving role under the ACA.
  • Counsel to health care facilities concerning CMS survey and associated Medicare billing issues.
  • Counsel to a New Hampshire hospital concerning Fraud and Abuse laws, including the Anti-Kickback statute and the Physician Self-Referral (Stark) Law, personal services agreements, real estate leases, recruitment, and joint ventures.
  • Counsel to numerous New Hampshire health care facilities before the State’s Health Services Planning and Review Board (CON Board) on approvals, rule-making, and appeals.
  • Counsel to numerous health care facilities in NH DHHS licensing and regulatory investigations and proceedings.
  • Counsel to numerous physicians in context of recruitment and non-compete agreements.
  • Counsel to a New Hampshire hospital in proceedings involving the NH Bureau of Health Facilities Administration and its licensure of an outpatient surgery center, resolution of which allowed the $30 million project to proceed.
  • Counsel to a New Hampshire nursing facility in a competitive bed application, in obtaining initial Certificate of Need approval for nursing home beds, and in subsequent settlement with another nursing home facility for a division of beds, thereby avoiding anticipated litigation.
  • Counsel to a New Hampshire health care facility in request for Advisory Opinion from the US DHHS Office of Inspector General.
  • Counsel to a New Hampshire continuing care retirement community concerning oversight of New Hampshire Department of Insurance and New Hampshire Bureau of Administrative Services, residence care agreements, and licensure.
  • Counsel to a New Hampshire non-profit hospital with respect to tax-exemption challenge concerning off-campus real estate and successful resolution with local government.
  • Counsel to health care facilities and physicians with respect to out-of-state physician practices and buy-outs of interests.
  • Counsel to a New Hampshire hospital with respect to medical staff bylaws requirements of the Joint Commission and non-profit governance.