John D. Fanburg

John provides counsel on strategic alliances and transactions relating to ACOs and medical homes.

Practice Areas

Bar & Court Admissions

  • New Jersey
  • New York
  • U.S. Supreme Court

Education

  • New England School of Law, J.D., cum laude, 1983
  • Washington University, B.A., 1979
John D. Fanburg QR Code

John D. Fanburg

Managing Member
Chair, Health Law
Co-Chair, Cannabis Law

Assistant:
Catherine LoConte
cloconte@bracheichler.com

John Fanburg has more than 30 years of experience in health and hospital law, with an emphasis on corporate, transactional, and regulatory matters for physicians and health care institutions.  A recognized leader in health law, John is known for excellence in transactions, perseverance in deal-making, and strength in corporate and regulatory matters.

His broad experience representing major hospitals, diverse medical groups, and statewide physician specialty organizations provides him with in-depth knowledge of all aspects of the business practice of health care. He helps health care providers position themselves to deal with the constantly evolving medical marketplace, particularly health care reform. This includes advising clients about mergers and acquisitions, various business ventures, and creative health care business arrangements. John provides counsel on strategic alliances and transactions relating to ACOs and medical homes. He also offers guidance on regulatory compliance, corporate compliance, HIPAA, litigation, and government investigations.

His experience includes:

  • Establishing outpatient health care offices, diagnostic imaging facilities, urgent care centers, and ambulatory surgical centers.
  • Overseeing the establishment and purchase/sale of physician practices, hospitals, and nursing homes.
  • Representing clients in managed care contract negotiations.
  • Developing Medicare and Medicaid corporate compliance programs for physician practitioners.
  • Structuring nonprofit health care providers.
  • Developing managed care networks.
  • Handling fraud and abuse counseling and representation, licensing issues and third-party payment issues.
  • Representing physician specialty organizations and advantageously using federal reimbursement policies and appeals.
  • Representing dental practices, and developing and negotiating dental practice employment agreements.

PUBLICATIONS

John is a frequent lecturer before health care facilities, medical groups and accountants. Some of his most recent speaking engagements and articles include: 

John authored a chapter in the book Inside the Minds: Structuring Health Care Memberships, Agreements and M&A Transactions, published by Aspatore Books.

ADDITIONAL NOTEWORTHY INFORMATION

John is the Managing Member of Brach Eichler and a member of the firm's Management Committee. Ranked in Chambers USA from 2009-2017, John consistently earns special recognition for his work with physicians in transactional and regulatory matters. The ranking company quotes market sources noting that John Fanburg is a "standout lawyer" who they "have a great deal of respect for" because he "always does a great job." In 2012, John was described in Chambers as "an extremely gifted attorney particularly in dealing with all of the complexities of the current healthcare situation."

For several years in a row, John has been selected by his peers as a Best Lawyer in America and named to the New Jersey Super Lawyers list. In addition, he has been rated as AV Preeminent 5.0 out of 5.0, peer rated for the highest level of professional excellence by Martindale-Hubbell. In 2015, John was recognized as a Top Legal Leader for New York and New Jersey by American Lawyer Media (ALM) and, in 2013, he was named a "Top Rated Lawyer in Health Care" by ALM and Martindale-Hubbell. John was also named the "Newark Area Best Lawyers Health Care Lawyer of the Year" for 2011 and 2012 and, in 2010 and 2011, John was a finalist for NJBIZ magazine's "Executive of the Year."

In 2017, John was named to New Jersey Governor Phil Murphy’s Transition Team, serving as a member of the healthcare transition subcommittee. He was also designated a top healthcare transaction lawyer of 2017 by The Ambulatory M&A Advisor.

PROFESSIONAL ACTIVITIES

  • Florida Society of Ambulatory Surgical Centers
  • Mountain Ridge Country Club Foundation, Board of Trustees
  • Caldwell University, Healthcare Advisory Board Member
  • American Health Lawyers Association, Member
  • Medical Group Management Association, Member
  • Radiology Business Managers Association, Member
  • New Jersey Medical Group Management Association, Affiliate Member
  • Essex County Start! Heart Walk, Executive Leadership Team
  • Mountain Ridge Country Club, West Caldwell, NJ, President, 2012-2016
  • S.O.L.A.R Foundation, Treasurer and Board Member

RECENT BLOG POSTS

Sanders Proposes Medicare for All Act of 2017Health Law Blog | October 16, 2017

Legislative UpdateHealth Law Blog | September 20, 2017

BME, BON and DOBI Propose Amendments to Regulations and a New DOBI RuleHealth Law Blog | September 18, 2017

UnitedHealthcare Underpaying Out-of-Network Emergency Medical ProvidersHealth Law Blog | September 8, 2017

Legislative Update - August 2017Health Law Blog | August 2017

CMS Proposes Updates to Medicare OPPS for CY 2018Health Law Blog | August 2017

Legislative Update - July 2017Health Law Blog | July 2017

CMS Proposes New MACRA RulesHealth Law Blog | July 2017

Legislative Update - June 2017Health Law Blog | June 2017

Petition Submitted to New Jersey Dental Board for Recognition and Advertisement of More SpecialtiesHealth Law Blog | June 2017

CHRONIC Care Act Passes Through Senate Finance CommitteeHealth Law Blog | June 2017

Legislative UpdateHealth Law Blog | May 2017

House Passes Legislation to Repeal and Replace Affordable Care ActHealth Law Blog | May 2017

Randsomware Attacks Hit Health Care OrganizationsHealth Law Blog | May 2017

Governor Christie Calls on Horizon to Establish a Fund in NJ to Help Combat the Opioid EpidemicHealth Law Blog | March 2017

House GOP Unveils ACA Repeal/Replace BillHealth Law Blog | March 2017

Legislative UpdateHealth Law Blog | February 2017

Governor Christie Signs Executive Order Declaring Opioid Addiction a Public Health CrisisHealth Law Blog | February 2017

CMS Addresses Backlog in Medicare AppealsHealth Law Blog | February 2017

Legislative UpdateHealth Law Blog | January 2017

OIG Issues Review of CMS’s Quality Payment ProgramHealth Law Blog | January 2017

OIG Issues Unfavorable Opinion on Free Laboratory ServicesHealth Law Blog | January 2017

Legislative Update - December 2016Health Law Blog | December 2016

Obama Signs Into Law Biggest Health Reform Legislation Since Affordable Care ActHealth Law Blog | December 2016

Congress Passes Biggest Health Reform Bill Since Affordable Care ActHealth Law Blog | December 2016

OIG Releases 2017 Work PlanHealth Law Blog | December 2016

Legislative UpdateHealth Law Blog | November 2016

CMS Publishes Emergency Preparedness RuleHealth Law Blog | November 2016

CMS Releases Final MACRA Physician Payment RuleHealth Law Blog | November 2016

Legislative Update - October 2016Health Law Blog | October 2016

New Jersey DHS Overpays $2.4 Million in EHR IncentivesHealth Law Blog | October 2016

Two-Midnight Rule Battle ContinuesHealth Law Blog | October 2016

Legislative UpdateHealth Law Blog | September 2016

NJ Hosts National Opioid Initiative at St. Barnabas Medical CenterHealth Law Blog | September 2016

DOJ Doubles Triple Damages in FCA CasesHealth Law Blog | August 2016

CMS Rule Expands the Use of Medicare Data by Qualified EntitiesHealth Law Blog | August 2016

Proposed 2017 Hospital Outpatient PPS Rules to Impact Hospital-Based OP FacilitiesHealth Law Blog | August 2016

OMNIA Update – Horizon Scores VictoryHealth Law Blog | July 2016

OIG Report: Vulnerabilities Despite CMS’s Efforts to Improve Oversight of Provider-Based FacilitiesHealth Law Blog | July 2016

Legislative UpdateHealth Law Blog | June 2016

EEOC Final Rules Allow Employers to Offer Incentives to Participate in Workplace Wellness ProgramsHealth Law Blog | June 2016

Proposed NJ LegislationHealth Law Blog | May 2016

CMS Launches New Quasi-Capitation Payment Initiative for Primary Care PhysiciansHealth Law Blog | May 2016

New Data Sticks a Knife in CMS’s Proposed Pay CutHealth Law Blog | May 2016

Legislature Introduces “Compounding Pharmacy Quality Assurance Act”Health Law Blog | April 2016

Christie Proposes Freeze On Property Tax Rates for HospitalsHealth Law Blog | April 2016

Bill Permits Hospitals to Establish Performance-Based Incentive SystemHealth Law Blog | March 2016

Horizon Omnia Plan Gains Controversial SpotlightHealth Law Blog | March 2016

Proposed Legislation - February 2016Health Law Blog | February 2016

Favorable OIG Advisory Opinion on Payments to Possible Referral Source for Radiology TranscriptionHealth Law Blog | February 2016

OIG Modifies Advisory Opinion Regarding Independent Charity Patient Assistance ProgramsHealth Law Blog | January 2016

Legislative Update: January 2016Health Law Blog | January 2016

DOBI Denies Tier 2 Hospitals’ Appeal of DOBI’s OMNIA Plan ApprovalHealth Law Blog | December 2015

NJ Legislature Considering Revived Out-Of-Network Law To Prevent “Surprise Bills”Health Law Blog | December 2015

Other Pending BillsHealth Law Blog | December 2015

CMS Releases Stage 3 Meaningful Use RulesHealth Law Blog | November 2015

CMS Proposes New Medicare Clinical Diagnostic Laboratory Tests Fee ScheduleHealth Law Blog | November 2015

Legislative Update: November 2015Health Law Blog | November 2015

Third Circuit Upholds FTC’s Data Security AuthorityHealth Law Blog | October 2015

CMS Initiative to Improve Nursing Home CareHealth Law Blog | October 2015

OIG Conducts Study of Physician-Owned DistributorsHealth Law Blog | September 2015

“First of its Kind” Settlement in Medicare Overpayment Case for $6.88 MillionHealth Law Blog | September 2015

Appeals Court Affirms Judgment Against Tuomey HospitalHealth Law Blog | August 2015

CMS Proposes Several Important Changes in the 2016 Medicare Physician Fee Schedule RuleHealth Law Blog | August 2015

Legislative Update: August 2015Health Law Blog | August 2015

U.S. Department of Health & Human Services Required to Better Justify “Per-Click” Medicare RuleHealth Law Blog | July 2015

MedPac ReportHealth Law Blog | July 2015

Legislative Update: July 2015Health Law Blog | July 2015

PHYSICIANS BEWARE: OIG Fraud Alert Puts Doctors on Notice Regarding Pitfalls of Medical Directorship and Other Payment ArrangementsHealth Law Blog | June 10, 2015

Bill Introduced to Limit Payment for Out-of-Network Medical ServicesHealth Law Blog | June 2015

Legislative Update: June 2015Health Law Blog | June 2015

NJ Doctor Wins Significant Victory in United States Supreme CourtHealth Law Blog | June 25, 2013

NJ One-Room Surgical Center Sues CignaHealth Law Blog | May 21, 2013

CMS Issues Decision Memos Relating to PET ImagingHealth Law Blog | April 11, 2013

Special Fraud AlertHealth Law Blog | April 3, 2013

Managed Care Plan Provisions Related to Follow-Up CareHealth Law Blog | March 25, 2013

New Medical Liability Insurance BillHealth Law Blog | March 22, 2013

Proposed Rule to Promote Program EfficiencyHealth Law Blog | March 4, 2013

New Jersey All-Payer Claims DatabaseHealth Law Blog | February 20, 2013

Fiscal Cliff Deal Temporarily Addresses Sustainable Growth RateHealth Law Blog | January 14, 2013

New Jersey’s LLC Act RevisedHealth Law Blog | January 22, 2013

Christie Denies State-Run Insurance ExchangeHealth Law Blog | January 18, 2013

Presence of Anesthesiologists Required When Nurses Deliver Anesthesia in HospitalsHealth Law Blog | January 14, 2013

Non-Medical Providers Must Enroll as “Non-Billing ProvidersHealth Law Blog | December 21, 2012

Essential Health Benefits and Insurance ExchangesHealth Law Blog | December 7, 2012

Emergency Physician Group Held Vicariously LiableHealth Law Blog | November 20, 2012

OIG Releases 2013 Work PlanHealth Law Blog | November 1, 2012

Selling Your Practice to Wall StreetHealth Law Blog | October 8, 2012

Cardiologists Released from Non-Compete ClausesHealth Law Blog | September 1, 2012

Rule Would Increase Payment to Family PhysiciansHealth Law Blog | August 8, 2012

OIG Disapproves of Proposed Anesthesiology Arrangements with ASCsHealth Law Blog | June 4, 2012

New Rules Governing Medical LaboratoriesHealth Law Blog | May 31, 2012

OIG Issues Report on Questionable Billing PracticesHealth Law Blog | April 10, 2012

Interim Fix to Medicare’s Sustainable Growth Rate Formula Averts Reduction to Physician PaymentsHealth Law Blog | March 2, 2012

Adopted Amendment Permits Multiple Schedule II Prescriptions at the Same TimeHealth Law Blog | February 24, 2012

Codey Regulations Published, Establishing Formal Mechanism for Registration of One-Room Surgical PracticesHealth Law Blog | February 16, 2012

Bill Requiring Surgical Practices to be Licensed by the NJDHSS Subject to Pocket Veto; Reintroduced in New Legislative SessionHealth Law Blog | February 13, 2012

New Jersey Bill Would Require Certain Advertising DisclosuresHealth Law Blog | January 31, 2012