John provides counsel on strategic alliances and transactions relating to ACOs and medical homes.
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.
John is a frequent lecturer before health care facilities, medical groups and accountants. Some of his most recent speaking engagements and articles include:
- "Assembly Passes Controversial 'Out-of-Network' Bill," NJBIZ (quoted in), April 12, 2018
- "In Training Rainmakers, Midsize Law Firms Offer Flexibility, Resources and a 'Kick'," ALM's Mid-Market Report (quoted in), April 6, 2018
- "Bill Discouraging Out-of-Network Doctor Fees Goes to Full Assembly Vote," NJBIZ (quoted in), March 6, 2018
- “Regulatory and Legal Update," Radiological Society of New Jersey Annual Meeting, March 3, 2018
- "N.J. Experts Not Shocked by Trio’s Health Care Plan" ROI-NJ (quoted in), January 31, 2018
- "Legislative and Regulatory Issues," NJ Association of Ambulatory Surgery Centers General Membership Meeting, January 31, 2018
- "NJ Charity Care Ruling Could Spark Uptick In Patient Claims," Law360 (quoted in), January 29, 2018
- "As Legal Issues Surround Cannabis, Law Firms Get Ready" ROI-NJ (quoted in), January 23, 2018
- "Will Trump Divert Funds From Anti-Terrorism To Close Pot Shops? Cannabis CEOs Hope Not," Forbes Magazine (quoted in), January 13, 2018
- "NJ’s Evolving Health Care Arena: Trends To Watch In 2018," Law360, January 12, 2018
- "Sessions Takes Aim On Marijuana Enforcement," NJBIZ (quoted in), January 4, 2018
- "Murphy's State Bank Could Solve Cannabis Business Problems, Brach Eichler Says," NJBIZ (quoted in), January 2, 2018
- "Legal and Regulatory Update," Radiological Society of New Jersey, November 14, 2017
- "Recent Developments in Healthcare Reform," New Jersey Society of Pathologists, November 11, 2017
- "Legislative and Regulatory Update," NJAASC, October 18, 2017
- “N.J. Health-Care Transaction Attorneys Urge Vigilance on Deals,” BNA’s Health Care Daily Report (quoted in) September 18, 2017
- "Maintaining The Integrity Of Physician-Owned Practices," Law360, August 17, 2017
- "Regulatory and Legal Update and Advocacy Update," New Jersey State Society of Anesthesiologists 2017 Annual Spring Meeting, March 11, 2017
- "Legal Update" NJSP 66th Annual Slide Seminar and Annual Meeting, November 19, 2016
- "Legal Update," The New Jersey Obstetrical and Gynecological Society's Semi-Annual Meeting, November 4, 2016
- "Docs Feel Obamacare Financial Pinch," Asbury Park Press (quoted in) September 22, 2016
- "N.J. Doctors More Pessimistic About the Future Than Those Nationwide, Surveys Show," NJBIZ (quoted in) September 21, 2016
- "How The 60-Day Repayment Rule Will Impact You," Physicians Practice, co-author, July 6, 2016
- "How Can the Obstetrician/Gynecologist Survive in the Future," The New Jersey Obstetrical and Gynecological Society's 66th Annual Meeting Program, June 3, 2016
- "Successful Strategies When Selling Your Medical Practice," Physician's Money Digest (quoted in), March 28, 2016
- "60-day 'Look-back' Rule Change Creates Challenges for Providers," HealthLeaders Media (quoted in) March 18, 2016
- "Legal Update," Radiological Society of New Jersey Pediatric Imaging Symposium, March 12, 2016
- "Shaky Economy or Not, Retirement Remains a Thorny Issue," New Jersey Law Journal (quoted in), February 25, 2016
- "The 1st Annual Fraud & Compliance Forum for Doctors," January 21, 2016
- "Poll of Doctors Reveals Majority are Pessimistic About the Future of Their Practices" NJTV News, December 3, 2015
- "Legal Update: Are You Paying Your Medical Director Fairly?" Outpatient Surgery Magazine, co-author, October 2015
- "Sham on You: OIG Fraud Alert," Executive Insight, co-author, October 5, 2015
- "Legal Update: Are Your GI Lab Services Legal?" Outpatient Surgery Magazine, September 2015
- "Legal Update" NJSP 65th Annual Slide Seminar and Annual Meeting, November 21, 2015
- "Medical Director Call to Action: Review Your Contractual Arrangements for Legal Compliance," NJ Physician Magazine, co-author, July 2015
- Radiology and the Changing Dynamic in New Jersey and Region," presented at the RBMA Northeast Chapter Spring 2015 Meeting, April 24, 2015
- NJSSA's 56th Annual Spring Meeting, March 14, 2015
- "Exploring the Future of Medicine: Potential and Pitfalls," presented by Physician Financial Health, November 6, 2014
- "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. 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.
- 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