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

Assistant:
Catherine LoConte
cloconte@bracheichler.com

John Fanburg has more than 25 years of experience in health and hospital law, with an emphasis on corporate, transactions and regulatory matters for physicians and health care institutions.  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 practice and business of healthcare. He assists health care providers to position themselves to deal with the constantly evolving medical marketplace, particularly health care reform. This includes advising clients about mergers and acquisitions, other business ventures and different 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 and ambulatory surgical centers.
  • Overseeing the establishment and purchase/sale of physician practices, hospitals and nursing homes.
  • Representation of clients in managed care contract negotiations.
  • The development of Medicare and Medicaid corporate compliance programs for physician practitioners.
  • Structuring nonprofit health care providers.
  • Development of managed care networks.
  • Handling fraud and abuse counseling and representation, licensing issues and third-party payment issues.
  • Representation of physician specialty organizations and advantageously using federal reimbursement policies and appeals.
  • Representation of 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:

  • "Legal Update" Radiological Society of New Jersey, November 17, 2014
  • Business Meeting Speaker, The Radiological Society of New Jersey, March 29, 2014
  • "Legislative and Regulatory Update," NJSSA 55th Annual Spring Meeting, March 6, 2014
  • "Successfully Representing Physicians, Medical Practices & Healthcare Groups in 2014," NJICLE, February 27, 2014
  • "Legal Update" 63rd annual Slide Seminar & Annual Meeting of New Jersey Society of Pathologists, November 16, 2013.
  • "Informed Consent - What You Don't Know About Consents," NJAASC 3rd Annual Ambulatory Surgery Conference, October 11, 2013
  • "EMR Seminar for Physicians," Montclair Radiology, June 26, 2013
  • "Legal Update" 62nd annual Slide Seminar & Annual Meeting of New Jersey Society of Pathologists, November 17, 2012.
  • "Confidentiality and Peer Review: What Is Discoverable?" and "Legal Report," Radiological Society of New Jersey, November 13, 2012.
  • "ACOs: What It Means for ASCs," presented at the Second Annual Ambulatory Surgery Conference, New Jersey Association of Ambulatory Surgery Centers, October 26, 2012.
  • "Representing Physicians," presented to the New Jersey Institute for Continuing Legal Education, September 13, 2012.
  • "Selling Your Practice to Wall Street," New Jersey Law Journal, September 10, 2012.
  • "Legislative and Regulatory Update," presented at the New Jersey State Society of Anesthesiologists 53rd Annual Spring Meeting, April 21, 2012.
  • "Yes, You Can Show Deadweight Docs the Exit," Outpatient Surgery Magazine, March 2012.
  • "Update on Health Care Issues" at the Breast Imaging Symposium of the Radiological Society of New Jersey, February 25 & 26, 2012.
  • "Transactions with Physician Practices and Hospitals" at the Health Care Conference sponsored by the NJSCPA Education Foundation, September 28, 2011.
  • "Navigating the Turbulent Waters Surrounding Today's Healthcare Provider: A Discussion with John D. Fanburg, Esq.," New Jersey Physician, June 2011.
  • "Facing Anti-Kickback Issues in Your ASC" at the First Annual Ambulatory Surgery Conference, June 2, 2011.
  • "Selling Your Practice to a Hospital: Weighing the Pros and Cons," New Jersey Physician, April 2011.
  • "Legislative and Regulatory Update," presented at the New Jersey State Society of Anesthesiologists 52nd Annual Spring Meeting, April 2011
  • "Legal and Business Already Affecting ASCs in 2011," New Jersey ASC, March 2011.
  • "Regulatory Update" at the Thoracic Imaging Symposium of the Radiological Society of New Jersey, February 26, 2011.
  • "Legal Report," presented at the New Jersey Society of Certified Public Accountants, January 25, 2011.
  • "Legal Update," presented at The Radiological Society of New Jersey Annual Meeting, November 15, 2010.
  • "Benefits of Converting an ASC to an HOPD," Outpatient Surgery Magazine, November 1, 2010.
  • "The Practice of Pathology in New Jersey," presented at the New Jersey Society of Pathologists annual meeting and seminar, November 2010.
  • "Physicians as Employees," a presentation to Fordham University Law School, November 2010.
  • "Legal Update," presented at the New Jersey Chapter, American College of Cardiology Annual Meeting, October 30, 2010.
  • Business Toolkit for Healthcare Providers," Commerce Magazine, October 1, 2010.
  • "Successful Hospital-Physician Joint Ventures" Outpatient Surgery Magazine, September 1, 2010.
  • "Compensation Packages for Physician Group Practices: Options and Combinations," Group Practice Journal, September 1, 2010.
  • "Health Reform Could Pull Plug on Doctors, Hospitals," NJBIZ, January 11, 2010.
  • "Can a Hospital Pay for Call Coverage?," MD News, November 2009.
  • "New State Legislation Provides Physicians with Added Incentive to Team with Hospitals?" SurgiStrategies, July 23, 2009.
  • "The 'Proposed' New Jersey Board of Medical Examiners Corporate Practice Regulations," presented at "Representing Physicians 2008 Update," a seminar of the Institute for Continuing Legal Education, June 2008.
  • "Formation of Super Groups - Planning for the Future," presented at the Middlesex County Medical Society meeting, New Brunswick, NJ, March 2008.
  • "Hot Legal Issues Affecting Surgeons," presented at the American College of Surgeons' Hospital Liaison Representatives meeting, Monroe, NJ, March 2008.
  • "Annual Report on Legal and Regulatory Matters," presented at the New Jersey State Society of Anesthesiologists Annual Spring Meeting, March 2008.
  • "Regulatory Myths Regarding Anesthesiologists and Their Involvement in Ambulatory Surgery Centers," presented at the 48th Annual Spring Meeting of the New Jersey State Society of Anesthesiologists, March 2007.
  • "Joint Negotiations Law," presented at the New Jersey Obstetrical and Gynecological Society semi-annual meeting, November 2004.
  • "HIPAA Compliance," presented at "Representing Physicians in Transactions Involving Medical Practices," a seminar of the Institute for Continuing Legal Education, February 2003.

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. He was noted in Chambers USA in 2012 as "an extremely gifted attorney particularly in dealing with all of the complexities of the current healthcare situation." He was also noted for excellence in transactions, perseverance in deal-making and strength in corporate and regulatory matters. He has been selected by his peers as among The Best Lawyers in America and as a New Jersey Super Lawyer in 2010, 2011, 2012 and 2013. John was also named as the "Newark Area Best Lawyers Health Care Lawyer of the Year" for 2011 and 2012. In 2010 and 2011, John was a finalist for NJBIZ magazine's "Executive of the year." In addition, he has been peer review rated as AV Preeminent 5.0 out of 5, the highest rating for professional excellence by Martindale-Hubbell. He was named a "2013 Top Rated Lawyer in Health Care" by American Lawyer Media and Martindale-Hubbell.  John was appointed in April 2004 by former NJ Governor James McGreevey to serve as a member of New Jersey's Mandated Health Benefits Advisory Commission.

PROFESSIONAL ACTIVITIES

  • New Jersey Obstetrical & Gynecological Society, Legal Counsel
  • 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
  • S.O.L.A.R Foundation, Treasurer and Board Member

RECENT BLOG POSTS

September 2014 Health Law UpdateHealth Law Blog | September 9, 2014

August 2014 Health Law UpdateHealth Law Blog | August 13, 2014

July 2014 Health Law UpdateHealth Law Blog | July 15, 2014

June 2014 Health Law UpdateHealth Law Blog | June 6, 2014

May 2014 Health Law UpdateHealth Law Blog | May 15, 2014

April 2014 Health Law UpdateHealth Law Blog | April 14, 2014

March 2014 Health Law UpdateHealth Law Blog | March 13, 2014

February 2014 Health Law UpdateHealth Law Blog | February 10, 2014

January 2014 Health Law UpdateHealth Law Blog | January 15, 2014

December 2013 Health Law UpdateHealth Law Blog | December 11, 2013

November 2013 Health Law UpdateHealth Law Blog | November 1, 2013

October 2013 Health Law UpdateHealth Law Blog | October 1, 2013

September 2013 Health Law UpdateHealth Law Blog | September 1, 2013

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