Our Health Care Law Practice
“In the highly regulated field of health care, it is essential to secure the assistance of a quality attorney who understands the distinct legal and regulatory pitfalls which present themselves on a regular basis.“
Health care law is a wide-ranging set of laws and protocols that doctors, hospitals and health care businesses must conform to and understand. These can range from vague, technical minutia to vast ethical guidelines. Businesses need guidance and support in these areas to be effective in their work.
At Weiss Zarett Brofman Sonnenklar & Levy, P.C., our goal is to serve you in the full range of health care law concerns. We work with major regional providers, smaller clinics, and private practices. These are difficult issues, and we have the experience and skill to help guide you through the process.
How Weiss Zarett Brofman Sonnenklar & Levy, P.C., Can Help
Our dedicated team provides a significant breadth of experience that covers the full range of health care law concerns. We frequently help our clients in matters such as:
- Health care Fraud
- OPMC Investigations
- Medicare/Medicaid Audits
- Physician Contract Reviews
- Clinical Staff Privileges
- Healthcare Litigation
- Health care Transactions
- Telemedicine and Telehealth
Our team of lawyers work to provide solutions to very complicated issues for you. We understand the struggles you’re facing and do not back away from difficult or complex issues. Contact us at 516-627-7000 or send an email using this form.
We Answer Our Client’s Most Pressing Questions
Medical practices, from surgeons, cardiologists, ophthalmologists, psychiatrist’s psychologists, Nurse Practitioners and dentists to laboratories and surgery centers, are experts in medical matters. Legal issues are much different, and straightforward resolutions aren’t always possible. However, we pride ourselves on the knowledge our attorneys possess and can answer the questions you have, including:
What do you do when a government investigator shows up at your office?
Unannounced investigations from insurance companies and or law enforcement is stressful and requires delicate handling. First, providers and their staff must obtain the identification and contact information of all investigators present, as well as their badge numbers, if applicable. Next, it is important to verify the identity of the investigators or law enforcement agents; this is critical for numerous reasons, including but not limited to protecting Protected Health Information.
Once verified, you may inform the investigators of your legal representation and provide the counsel’s contact information. The final step will be for the staff and or the client to immediately contact the law firm. The law firm will contact the investigators/agents or prosecuting attorney and have all requests for documents or any questions directed to the law firm.
How can you avoid insurance audits?
The key to avoiding insurance audits is documentation, documentation, documentation!!! You must be proactive about this and retain the services of a certified coder who will review your documentation and your coding, making sure the documentation supports the codes that you’re billing.
What should I do if I get a letter from OPMC stating there is an investigation?
The first thing you should do is try not to panic – even though that’s hard to avoid doing. A large bulk of the investigations are closed at the investigatory stage and don’t even get to the point of dealing with charges. Still, you must take the investigation very seriously to be fully prepared for the interview. With our help, you get a comprehensive review of the cases, allowing you to go into an interview well prepared.
What should I do if untrue damaging information about me is listed in the National Practitioner Data Bank?
The National Practitioner Data Bank is a clearinghouse of information regarding disciplinary actions taken against a physician. If the information posted with the data bank is false, it can be removed either by communicating with the hospital that made the inappropriate posting or by administratively contesting it with the data bank. Alternatively, the physician might have the opportunity to post what is called a subject statement, which is the physician’s perspective on what happened.
What are some important laws regarding summary suspension for physicians in New York?
There are state and federal laws that are implicated by a summary suspension, including New York Public Health Law Sections 2801-b and 2801-c, which regulate to some limited extent the permissible bases which a hospital can rely upon to terminate, suspend or curtail medical staff privileges. These laws also afford an administrative review process before the New York State’s Public Health and Health Planning Council. Likewise, the federal Health care Quality Improvement Act includes a variety of “due process” requirements applicable to the hospital hearing and review processes, which hospitals typically attempt to comply with through their medical staff bylaws in an attempt to gain qualified immunity from liability.
How can Weiss Zarett Brofman Sonnenklar & Levy, P.C. help when it comes to summary suspension?
In the past, we have been able, at times to represent clients and accomplish a reversal of the summary suspension through informal negotiations and persuasion with hospital counsel. Other times we have been able to assist the physician in the hearing process. Likewise, we have had positive results in representing physicians in the process of limiting the adverse effect of the summary suspension to the institution in question so that the physician could transition his or her practice to other hospitals and remain in managed care companies despite the summary suspension. Typically, we have found that able legal assistance is quite useful when it comes to compliance with procedural rules and processes at the hearing; and, more importantly, to assist the client in preparing to present as compelling a case as possible in order to have the suspension reversed. Interaction with medical experts sometimes plays a pivotal role in responding to a summary suspension. Moreover, legal assistance is typically needed to assist the client in minimizing the downstream consequences of a summary suspension when it comes to licensure and other practice-related issues, such as privileges at other hospitals and managed care participation.
What are the benefits of forming an MSO, specifically in the health care industry?
MSOs can be an extremely valuable tool for physicians who struggle to balance the provision of medical care with the day-to-day responsibilities of running a business. MSOs provide real and appreciable benefits to busy practitioners, allowing them to provide better patient care unencumbered by the demands of micromanaging the business. The ability to provide a turn-key office for busy physicians and the diverse array of administrative services and equipment that physicians typically require present an opportunity for MSOs.