Health Care Professionals

Our firm has been serving health care clients for more than 50 years. We represent a diverse group of providers with a wide range of health care issues. Experience in many facets of health care enables us to assess efficiently and resolve successfully the myriad of local, state, and federal legal issues facing health care providers today.

When the public, the legislators, employers, and the payers decided that the rising cost of health care needed to be addressed, and as new and ever more complex laws were enacted to directly or indirectly regulate health care providers, the "profession" of health care became the "business" of health care. That change has created new risks, new challenges, and new opportunities for the health care industry and all health care providers. 

The firm’s Health Care practice area is comprised of experienced lawyers who bring a unique diversity of backgrounds and talents (such as health care, corporate, tax, employment, and litigation) to the health care area. Because of the practice's depth of health care experience and solid understanding of the complex legal and business problems facing health care providers, the practice can provide creative and varied solutions to those problems.

The Health Care practice area is unique in its approach to developing and maintaining client relationships. Our attorneys listen to and work closely with each client in order to fully understand the client's perspective, needs, resources, and problems. With the practice's depth of experience, our attorneys offer clients a variety of options and solutions, and then assist in selecting and implementing an approach, in a timely and efficient manner, designed to achieve the desired result.

Business Issues
Our clients include practice groups of all sizes and business structures. We are experienced and skilled at counseling on all aspects of business law and transactional services, including practice formation (PCs, LLCs, LLPs, and partnerships); buy-ins and buy-outs; drafting shareholder agreements, operating agreements, partnership agreements and employment agreements; business tax planning; mergers, affiliations, joint ventures, and practice sales (to hospitals, other institutions, or physician groups); and structuring and negotiating physician practice management contracts and other legal arrangements, including employment and provider contracts. We have formed and served physician organizations (POs), physician hospital organizations (PHOs), independent practice organizations (IPAs), and physician networks. Our attorneys are sensitive to, and adept at managing, antitrust issues applicable to collective activity and matters relating to restrictive covenants, including non-compete clauses.

We have significant experience in dealing with health insurance companies as a result of our representation of large provider groups, IPAs, and employers who have moved to self-funded or limited-risk health insurance plans. Our ability to deftly handle managed-care contracting issues is highly regarded within the health care community, and extends to matters relating to the shift in economic risk and intrusion of the physician/patient relationship.

We also assist with a broad range of real estate issues, including medical office building leases, purchases and development.

Regulatory Compliance
Our health care attorneys have developed expertise in the federal and state laws and regulations affecting health care providers and their operations. This includes all facets of the Medicare program, the federal aspects of Medicaid participation, Medicare and Medicaid reimbursement appeals, conduct of appeals before the Provider Reimbursement Review Board (PRRB), fraud and abuse, corporate compliance, anti-kickback, and the Stark regulations. 

In addition, we assist in matters relating to medical records and patient confidentiality, including those involving the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which has spawned numerous regulations intended to assure the privacy of individually identifiable health information. Our attorneys have lectured extensively on the HIPAA privacy and security rules throughout New York State, both before professional organizations and for individual clients and client groups. We are versed in all aspects of HIPAA compliance, and provide advice and assistance to clients in the development and implementation of HIPAA compliance plans as they impact health care professionals.

Medical Staff Issues
Issues relating to human resources are a universal concern across every industry type, and the attorneys in our Labor and Employment Practice Area have extensive experience addressing a wide array of legal concerns in this area.  

We handle issues specific to the health care industry that involve credentialing, privileging, peer review, privilege termination, staff bylaws, and drafting and negotiating employment agreements with professionals (physicians, nurse practitioners, physicians’ assistants). Our Immigration Practice Area helps employers attract and retain talented employees from outside the U.S. 

Disputes of many kinds arise in the business world, and our Litigation Practice Area can help resolve them in an expedient and efficient manner. We are well versed in resolving issues that are unique to health care, such as conflicts relating to professional disciplinary matters (OPMC and National Practitioner Data Bank), fee reimbursement by the federal government and private insurers, and regulatory violations.

Personal Issues
Health care professionals dedicate their lives to ensuring quality patient care. Our attorneys provide those professionals with valuable advice on matters relating to personal tax planning and estate planning, incentive compensation agreements, and shareholder/owner arrangements.

Our Clients

  • Health Care Professionals
  • Health Systems & Hospitals
  • Long-Term Care Facilities

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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