Barclay Damon
Barclay Damon

Hospitals, Health Systems & Physicians

Skilled attorneys who assist hospitals, health care facilities, and physicians with best practices for compliance and proactivity are imperative for the long-term success of any organization navigating ever-changing legal and operational challenges.

Hospitals and Health Systems

Barclay Damon’s health care and human services attorneys have a deep understanding of and extensive experience handling day-to-day legal, regulatory, and operational issues in the industry.

We represent our clients in hospital-law matters involving:

  • Acquisitions of physician practices by hospitals
  • Contract preparation, review, and negotiation
  • Corporate compliance and governance
  • Employment agreements
  • EMTALA and anti-dumping provisions (COBRA)
  • Financing, refinancing, and restructurings
  • Formation and reorganization of health care systems
  • Fraud and abuse allegations, including Stark, anti-kickback, and civil monetary penalties
  • HIPAA and health information privacy, security, and data sharing
  • Hospital mergers and acquisitions
  • Joint venture arrangements
  • Licensure and certificate-of-need (CON) issues
  • Medical staff issues, including bylaws, credentialing, peer review, disciplinary hearings, and exclusions
  • Medicare and Medicaid certification
  • Reimbursement issues, including self-disclosures and audit defense for all payers

Physicians and Physician Groups

We provide comprehensive legal services to physicians and physician groups, including matters involving:

  • Ambulatory surgery center establishment and development
  • Credentialing and hospital-privilege issues
  • Fee splitting and other NYS Education Department compliance issues
  • Fraud and abuse allegations, including Stark, anti-kickback, civil monetary penalties, and anti-markup compliance
  • HIPAA and health information privacy and security
  • Independent Practice Association (IPA) organization, formation, and participation by providers and physicians
  • Joint-venture arrangements with hospitals and other providers
  • Management agreements
  • Medicare and Medicaid compliance
  • Noncompetition agreements and disputes
  • Office of Professional Medical Conduct (OPMC) disciplinary proceedings
  • Physician, mid-level employment, and independent contractor arrangements
  • Physician group practice establishment and disputes
  • Reimbursement issues, including self-disclosures and audit defense for all payors
  • Sales, mergers, and acquisitions of medical practices
  • Termination and non-renewal of payer contracts