Health Law

Health Law

Health Law General Overview

Health Law Updates

In today’s complex and ever-changing health care environment, institutional and individual providers and health care businesses need trusted advisors who can help them negotiate the myriad legal and business issues that arise in the course of practicing medicine and operating health-related businesses.

Brach Eichler pioneered the discipline of health law in New Jersey and has developed—and continues to cultivate—its reputation as a leader in health law representation.

Our deep bench of health law attorneys—21 strong—represents individuals and entities from every corner of the health care industry, encompassing both for profit and non-profit entities. Our clients range from individual practitioners to large physician and dental groups, from hospitals and hospital systems to medical staff organizations, from physician specialty societies to health care trade associations, from long-term care facilities to home health and hospice agencies, and from substance use disorder treatment providers to other provider types and patients. Our attorneys also have significant experience with matters and regulations affecting ambulatory surgical centers, other outpatient facilities, and their owners.

Knowledgeable across a wide spectrum of issues, our attorneys deftly handle an array of health care business, transactional, licensure, compliance, white collar criminal, and litigation matters. We are actively involved in all developments affecting health care industry participants, and have strong relationships with public officials on both the state and national level. As such, we are able to effectively advocate on behalf of individual practitioners and health care facilities.

And as we help our clients adapt and respond to new economic and regulatory challenges, we tap and smoothly integrate other members of the Brach Eichler team in the areas of corporate tax, labor and employment, financial services, litigation, and real estate, among others.

The leading attorney ranking company, Chambers USA, cites clients who applaud Brach Eichler's health law practice for its "responsiveness and position as a leader in the field of healthcare... They provide an outstanding quality of service at an excellent price. They understand their clients, and if there is a job that needs doing they can be counted on to do it right.”

Our comprehensive representation to health care industry clients includes:

Institutional and Society Representation

  • General and outside legal counsel to hospitals and health systems
  • Counsel to nursing home and assisted living facility operators
  • General counsel to physician specialty societies

Outpatient Provider Representation

  • Representation of ambulatory surgery centers/ambulatory care facilities
  • Representation of urgent care facilities
  • Representation of federally qualified health centers
  • Representation of licensed health care facilities and operators, including radiology, lithotripsy, home health, hospice, dementia care homes, and substance use disorder treatment facilities

Other Provider Representation

  • Large and small physician organizations, practices, and individual physicians
  • Large and small dental organizations, practices, and individual dentists
  • Individual practitioners in other health and health-related professions

Corporate and Business Matters

  • Business entity formation, bylaws, operational agreements, buy-ins, buy-outs, and dissolution
  • Hospital and medical staff bylaws
  • Business taxation issues
  • Non-profit organization matters

Transactional Matters

  • Hospital-physician joint ventures
  • Health care business purchase and sale transactions, mergers, acquisitions
  • Structuring mergers/consolidation of physician practices and health care facilities
  • Due diligence review
  • Drafting and negotiation of vendor, employment, contractor, and restrictive covenant agreements
  • General contracting matters
  • Leasing matters

Provider Reimbursement Matters

  • Managed care and other payor contracting
  • Medicare and Medicaid issues
  • Audits and investigations
  • Appeals

Compliance Matters

  • HIPAA and privacy/confidentiality matters, including policies, training, breach and security incident response, reporting requirements, and government investigations
  • Corporate compliance program development, implementation, and training
  • Compliance investigations
  • Review and preparation of policies and procedures
  • Health care compliance reporting matters

White Collar Criminal Matters

  • Fraud and abuse investigations, allegations, and indictments
  • Racketeering and money laundering schemes
  • Labor and unemployment fraud
  • Environmental crimes
  • Government investigations and administrative hearings

Dispute and Litigation Matters

  • Shareholder/member disputes
  • Contract/transactional disputes
  • PIP arbitrations
  • Complex insurance litigation
  • Hospital Medical Staff Privileges Dispute
  • Litigation under the state and federal anti-kickback and fraud abuse statutes
  • Defense of health care providers under the New Jersey Insurance Fraud Prevention Act

Professional Licensing and Medical Staff Matters

  • Professional licensing board matters
  • Medical staff hearings

Other Matters

  • Guardianships
  • Patient care issues
  • Telemedicine and telehealth
  • Protection of intellectual property
  • Medical marijuana issues
  • Health care employment matters