Health Law

RMF’s Health Law Department remains a cornerstone of the firm after more than fifty years.  Our health lawyers routinely represent hospitals, medical societies, HMOs and insurance carriers, large and small medical and other healthcare practices, executives, administrators, boards, board committees and professionally licensed individuals.

Our healthcare capabilities include:

  • Healthcare Transactions
    • Practice Formations
    • Mergers and Acquisitions
    • Healthcare Finance
    • Joint Ventures
    • Shareholder and other Corporate Agreements
    • Succession Planning
    • Practice Breakups
    • Employment Contracts
    • Restrictive Covenants
    • Real Estate Transactions
    • Healthcare Not-for-Profits
  • Strategic Planning
  • Corporate Governance
  • Healthcare Finance
  • Employment
  • Cybersecurity
  • Internal investigations
  • Federal and state litigation
  • Mediation and Arbitration
  • HMO and Medicare/Medicaid disputes
  • Professional Misconduct
  • OPMC/OPD
  • OMIG
  • Credentialing disputes
  • Hospital privileges
  • Fraud and Abuse
  • Payor Audits
  • Government investigations
  • Crisis management
  • Regulatory compliance, risk management and corporate governance
  • Telemedicine/E-Health
  • Professional licensing
  • HIPAA
  • U.S. False Claims Act allegations
  • Intellectual property
  • Practice Formations
  • Joint Ventures
  • Shareholder and other Corporate Agreements
  • Healthcare Not-For-Profits
  • Healthcare Finance
  • Mergers and Acquisitions
  • Practice Breakups
  • Employment Contracts
  • Restrictive Covenants
  • Real Estate Transactions
  • Equipment Leasing
  • Strategic Planning
  • Corporate Governance
  • Cybersecurity
  • Cannabis

The extraordinary degree of regulation in healthcare creates an environment wherein business that are perfectly legitimate in other industries may be illegal or even criminal in the healthcare realm.  Whether a matter relates to a business transaction, a full-blown regulatory investigation or a litigation, having an attorney experienced with the regulatory scheme of healthcare is essential to avoid serious repercussions.

Our experienced transactional attorneys seek to create opportunities for clients and further their economic interests. Our healthcare-industry clients include hospitals, nursing homes, medical practices of all sizes, medical societies, healthcare not-for-profits and individual practitioners.  RMF’s Health Law attorneys often collaborate with our Corporate Department to provide a comprehensive range of transactional services, some of which include:

Recent Representations

  • Represented  Personal Touch in the sale of its Integra MLTC subsidiary to Elevance Health (formerly Anthem)
  • Successfully represented a physician and medical practice in an OMIG hearing, preventing the client’s exclusion from the Medicaid program and avoiding other penalties.
  • Counseled physician subject of a major Anti-Kickback investigation. Meetings with federal authorities resulted in no arrest and no administrative action.
  • Advised large medical practice concerning OPMC inquiry into propriety of practice’s advertising.
  • Obtained dismissal of 10 separate indictments brought against physicians and professional corporations in criminal matters brought by the Suffolk County District Attorney.
  • Successfully defended physician before OPMC in investigation related to controversial Lyme disease treatment.
  • Following the completion of pretrial hearings, secured the dismissal of all criminal charges brought against a physician by the NYS Attorney General, Medicaid Fraud Control Unit.
  • Represented medical school graduate, arrested during residency, for Criminal Possession of a Forged Instrument – a prescription for narcotics – and Burglary – for stealing narcotics. Negotiations with prosecutors, resulted in the case’s transfer to a Treatment Court.  Following her successful completion of treatment, all charges were dismissed, with no administrative repercussions to her license as a physician.
  • Negotiated confidential separation from hospital system for surgeons facing allegations of research dishonesty and potential violations of federal law
  • Represented large medical practice in connection with a filed qui tam action alleging multiple violations of the Federal and New York State False Claims Acts, where the government demanded more than $7 million in settlement, prior to assessing treble damages and civil penalties. Discussions with state and federal authorities led to the case’s was withdrawal and the dismissal of the relator’s claim, with no penalty to the client.
  • Successfully mediated civil dispute on behalf of healthcare employer charged with sexual harassment by employee.
  • Represented neuro-surgeon who was the subject of a credentialing hearing with his insurance carrier due to a severe malpractice history. After extensive preparation, the client participated in the hearing (where there is no right to counsel,) and not only maintained his coverage, but avoided a surcharge.
  • Conducted internal investigation concerning massive HIPAA breach intentionally caused by an employee of a large medical practice.
  • Disclosure to federal government at conclusion of internal investigation concerning potential False Claims Act violations for improper medical billing, resulting in no action being taken against client medical practice.
  • Preserved gastroenterologist’s hospital privileges after contentious hospital hearing.
  • Addressed and investigated multiple cybersecurity breaches for large healthcare company; managed non-legal consultants, completed mandated notices and addressed government inquiries.
  • Negotiated dismissal of federal charges against physician for prescribing opioids.
  • Coordinated HIPAA breach investigation, reports, responses and related government inquiries for large multispecialty medical group.
  • Internal investigation related to sexual harassment and embezzlement by supervisor within a large health system and liaised with law enforcement regarding findings of likely criminal conduct.
  • Investigated medical practice’s office manager for theft of funds, resulting in referral to law enforcement and subsequent arrest.
  • Represented orthopedist investigated by federal authorities for potential violations of the Federal Anti-Kickback Statute and alleged commercial bribery. Multiple meetings with law enforcement personnel resulted in no criminal charges being filed.
  • Conducted internal investigation revealing that a medical practice office manager had stolen the identity of a physician and stolen hundreds of thousands of dollars in false medical billing. The resultant referral to law enforcement led to multiple federal charges against the office manager.

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