Overview
Physician group practices large and small turn to Epstein Becker Green to help them not only survive but prosper during this era of unprecedented change in the way that health care services are delivered and financed.
At Epstein Becker Green, we have extensive knowledge of the wide range of federal and state laws and regulations affecting the relationships among health care providers and the delivery and finance of health care goods and services. Our attorneys add value by providing clear, concise legal reasoning and effective, practical solutions to complex legal problems. Indeed, Epstein Becker Green is the "one-stop shop" for physicians, providing a wide array of regulatory analysis, business advice, and transactional experience for some of the country's largest and most well-established physician practice groups.
Services/Scope of Practice
- Providing advice and counsel on fraud and abuse and regulatory compliance arising under the Anti-Kickback Statute, the Stark Law, the False Claims Act, HIPAA, and other related federal and state laws and regulations
- Assisting in selling or acquiring medical practices, as well as other physician group merger and consolidation transactions
- Preparing for, assisting in, responding to, and defending against health care fraud investigations and audits by the Department of Justice, the Department of Health and Human Services' Office of Inspector General, and other federal and state governmental authorities, including conducting internal reviews and investigations
- Structuring, analyzing, and negotiating managed care/payer arrangements, clinical integration transactions (involving network development, gainsharing, and accountable care organizations (ACOs")), professional and administrative services agreements, and equipment leasing transactions
- Structuring and organizing joint ventures between physician groups and hospitals and among physician groups, including independent practice associations, ACOs, ambulatory surgery centers, diagnostic imaging facilities, and medical office buildings
- Advising on issues relating to the corporate practice of medicine, fee-splitting, and other state professional practice rules, regulations, and ethical standards
- Advising on the establishment and structure of multi-location, multi-specialty group practice and independent practice associations
- Drafting, analyzing, and negotiating leases, employment and shareholder agreements, independent contractor professional service agreements, practice management agreements, and various types of commercial contracts
- Litigating health care, antitrust, and employment litigation matters, primarily on behalf of physician group practices
- Counseling on a variety of human resources matters, including personnel policies and procedures, restrictive covenants (including non-solicitation, no-pirating, and confidentiality/non-disclosure covenants), physician compensation and incentives, and separation agreements
- Assisting with patient records and privacy and data security issues, including responding to subpoenas and HIPAA compliance
- Performing compliance effectiveness evaluations and advising on the development and implementation of corporate compliance programs, including drafting policies and procedures, training modules, and auditing/monitoring tools
- Advising on issues concerning federal, state, and commercial reimbursement, including challenges to regulatory actions and disputes under government and commercial payor contracts
- Counseling on peer review issues, medical staff appointments, and clinical privilege delineation at hospitals and other health care facilities
- Representing physicians in administrative proceedings, including hearings, before state licensing boards, and in appeals of managed care credentialing decisions
The Future of Healthcare Conference Series®
The pace of physician group strategic transactions continues to rise. Epstein Becker Green helps clients navigate the changing landscape of health care delivery, including assisting physician practices in the negotiation and creation of joint ventures as well as mergers and consolidations with health systems and other entities. The Future of Healthcare Conference Series® is focused on these entrepreneurial physician practices that want to understand cutting-edge changes in the marketplace and various strategic options for medical groups to maximize their enterprise value and the compensation earned by their physicians.
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Focus Areas
Experience
- Represented a large, multispecialty, multi-location group medical practice in its formation, growth, and compliance. We provided advice and representation in all pertinent legal and regulatory areas related to employment, bank financing, revenue sharing, compliance, hospital relations, electronic health records, expansions in-state and across state lines, government investigations, and real estate matters.
- Represented a radiology group practice in the comprehensive investigation of a multimillion-dollar fraud and embezzlement scheme by the client's former office manager and third parties, which also involved a referral of the matter to the U.S. Attorney's office for criminal investigation and ultimately a successful criminal prosecution. Our prosecution of the former employee and third parties in civil litigations in two jurisdictions resulted in the recovery of a substantial amount of the embezzled monies for the client.
Contacts
- Member of the Firm
- Member of the Firm
- Member of the Firm
Media
Events
Upcoming Events
- June 10-12, 2024
Past Events
- Spring 2024
- Spring 2024
- April 15-16, 2024
- Spring 2024
Insights
Insights
- BlogsPodcast: Unveiling Gender-Affirming Care: Why It Matters and What’s at Stake – Diagnosing Health Care2 minute read
- PublicationsFinal Medicaid Managed Care Rule Updates Requirements Regarding Access, Finance, and Quality17 minute read
- PublicationsCMS Finalizes Medicaid Access Rule: Significant Changes Ahead for HCBS Industry10 minute read
- PublicationsCMS Finalizes Rule Establishing Minimum Staffing Standards for Long-Term Care Facilities17 minute read
- Media CoverageKate Rigby, Dan Fahey Quoted in “Why the FTC’s Noncompete Rule Will Make Chicago Hospitals Look Over Their Shoulders” ...3 minute read
- Media CoverageRaja Sékaran Quoted in “Divisive Cost Cap Deadline Looms for Calif. Healthcare Cos.”2 minute read
- BlogsSpilling Secrets Podcast: Navigating Physician Non-Compete Litigation3 minute read
- Media CoverageCSHA Members Join Epstein Becker Green1 minute read
- PublicationsFood Is Medicine: The Road to Universal Coverage2 minute read
- Media CoverageRaja Sékaran, John Puente, Melissa Borrelli Featured in “Wake Up Call: Laterals, Moves, In-House”1 minute read
- Media CoverageEpstein Becker Green Grows Health Care & Life Sciences Practice2 minute read
- Firm AnnouncementsEpstein Becker Green Fuels West Coast Momentum with Six-Attorney Health Care Team6 minute read
- Media CoverageEpstein Becker Green Adds 6-Atty Healthcare Team in San Francisco2 minute read
- Media Coverage
Epstein Becker Green’s Bay Area Healthcare Attorney Additions Featured in the San Francisco Business Times
1 minute read - PublicationsAdvancing Interoperability and Improving Prior Authorization: No One Said It Would Be Easy!18 minute read
- Firm Announcements
Gary Herschman Selected as a 2024 “Leader in Law” by NJBiz
3 minute read - PublicationsMade to Measure: Informal Remediation, Corrective Action, and Fair Hearings4 minute read
- Media Coverage
Epstein Becker Green Attorneys Elected to Law360’s 2024 Editorial Advisory Boards
3 minute read - BlogsSpilling Secrets Podcast: Latest Developments – Restrictive Covenants in the Health Care Industry3 minute read
- PublicationsNavigating Primary Care Partnerships: Strategic Considerations and Transaction Trends2 minute read
- Publications
Striking a Balance: The Supreme Court and the Future of Chevron Deference
27 minute read - PublicationsNavigating New Regulations in Healthcare and Other M&A2 minute read
- PublicationsHealth Care M&A Insights: Q4 2023 & Outlook for 2024 Deal Activity4 minute read
- Media CoverageGary W. Herschman Quoted in “Worried Practice Buyers Will Hobble Care? Get It in Writing During Contracting” ...3 minute read
- PublicationsNew Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid ...13 minute read
- Media CoverageElizabeth Harris, ’11, Featured in California Western School of Law Alumni News2 minute read
- Media CoverageAmy Lerman Quoted in “Patient Care, Policy & More: A Look at This Year’s Virtual Care Trends”5 minute read
- Firm AnnouncementsSeventh Physician Transactions Conference Is Open for Registration4 minute read
- PublicationsCalifornia Finalizes SB 184 Pre-Transaction Notice Requirements for “Material Change” Health Care Transactions ...26 minute read
- Media CoverageAlaap Shah Quoted in “2024 Outlook: The Cybersecurity Trends Health System Leaders Need to Know”3 minute read
- PublicationsHHS Publishes Proposed “Disincentives Rule” to Prevent Information Blocking by Health Care Providers15 minute read
- BlogsPodcast: Telehealth Post-Public Health Emergency – What to Expect in 2024 – Diagnosing Health Care2 minute read
- Publications
In Genesis Case, South Carolina District Court Scraps HRSA Interpretation of “Patient” Under 340B Statute
9 minute read - Media CoverageAmy Lerman Featured on Podcast: “Navigating the Telehealth Landscape for 2024”1 minute read
- PublicationsWhat’s Ahead for Strategic Healthcare Acquirers in 20243 minute read
- BlogsSharing Scientific Information with HCPs on Unapproved Uses of Medical Products: Dos and Don’ts Under FDA’s New Draft ...14 minute read
- PublicationsTelemental Health Laws: 2023 Overview10 minute read
- Media CoverageEleanor Chung Quoted in “Senators Told That AI Is Already Harming Patients”Fall 20232 minute read
- Firm Announcements2023 Telemental Health Regulations Chart New Course in Post-PHE World5 minute read
- Media CoverageKathleen Premo Quoted in “North America Pipeline Explorer: Healthcare Dealmakers Anticipating Continued Activity in ...2 minute read
- Media CoverageRichard Hughes Quoted in “An R.S.V. Shot for Infants Is in Short Supply. Here’s What to Know”4 minute read
- PublicationsCalifornia Enacts Statute That Furthers Efforts to Move Toward a Unified Health Care Financing System11 minute read
- Media CoverageLesley Yeung Quoted in “Doctors Question Medicare Quality Program as More Face Steeper Penalties”2 minute read
- Media CoverageEmma Pelkey Featured in “People on the Move”1 minute read
- Media Coverage
Gary Herschman, Dana Jacoby Featured in The Ortho Show Podcast: Hosted by Dr. Scott Sigman
2 minute read - Media CoverageEpstein Becker Green Update Cited in “Physicians Could Be in Financial Danger with This Stark Law Change”2 minute read
- Media Coverage
Anjana Patel Featured in AHLA’s Speaking of Health Law Podcast, “Private Equity Physician Deals: What Investors ...
2 minute read - BlogsPhysicians Beware! Groups Providing DME, Prosthetic Devices, and Other Medical Supplies to Their Medicare Patients Risk ...9 minute read
- Firm AnnouncementsEpstein Becker Green Expands into Pacific Northwest with Six-Attorney Health Care Team in Portland
- Media Coverage
Epstein Becker Green’s Portland, Oregon, Office Opening Featured in Portland Business Journal
2 minute read