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  ATTORNEYS MAIN

 
KEVIN M. LASTORINO
             MEMBER


TELEPHONE: 973.403.3129
FAX: 973.618.5529
E-MAIL: klastorino@bracheichler.com
ASSISTANT: Vanessa Alonso
valonso@bracheichler.com

Kevin Lastorino's practice emphasizes transactions, corporate organization and governance and regulatory compliance for health care clients operating in New Jersey, New York and across the United States. His clients include hospitals and academic medical centers; skilled nursing and assisted living facilities; imaging, therapy and other ambulatory care facilities; practice management and health care support services companies; independent practice associations; medical and dental practices; and physicians, dentists and other healthcare professionals.

Kevin continuously represents many clients as outside general counsel, and many others for specific corporate and regulatory matters, including the matters described below:

Strategic, business and regulatory planning for new health care ventures, including accountable care organizations and the patient centered medical home.

Formation, licensure and registration of managed care networks and other organized delivery systems.

Mergers and acquisitions of health care facilities and practices, including asset, stock and membership interest purchases and sales.

Executive and professional employment agreements, shareholder agreements, operating agreements and deferred compensation.

Administrative and management services agreements and joint ventures.

Federal Stark Law and Anti-Kickback Law compliance, counseling and investigations.

New York and New Jersey self-referral, kickback and fee-splitting laws, including New York Public Health Law, New York Education Law, New Jersey Codey Law and Board of Medical Examiners’ Regulations.

Medicare and Medicaid reimbursement compliance programs, training and investigations, and corporate integrity agreement implementation.

HIPAA policies and procedures, training and investigations.

Certificate of need and licensure for health care facilities and services.

Real estate and equipment purchases, leases and licenses.

Managed care and other third-party reimbursement contracts and disputes.


REPRESENTATIVE TRANSACTIONS

Health Care System - Sale of Four Nursing Homes
2009. Represented a large non-profit health care system in the sale of four nursing homes, including a transfer of the operating licenses, to a for-profit operator. Obtained approval of the State Attorney General and Superior Court for the conversion of non-profit assets to for-profit use under the cy pres doctrine.

Management Company - Healthcare Practice Development
2009. Represented a closely held management company in the organization and development of independent practices of podiatry, chiropractic and physical therapy within a fitness center.

Radiation Therapy Facility - Organization, Syndication and Licensure
2008. Represented organizers of a physician-owned radiation therapy facility. Developed the corporate and operating structure for compliance with the Federal Stark Law and Anti-Kickback Law, and State self-referral prohibitions and licensure requirements. Conducted the syndication, negotiated credit facilities, provided healthcare facility operating policies and procedures, and obtained the operating license.

Medical Practice - Acquisitions
2007-2008. Represented a large medical practice in the acquisition of several medical practices of equal or smaller size in a series of transactions consummated over several months. Reorganized the corporate structure to accommodate rapid growth.

Healthcare Entrepreneurs - Acquisition of Opiate Treatment Centers
2007. Represented an operating subsidiary of a private equity group in the acquisition of opiate treatment centers. Obtained required regulatory approvals.

PUBLICATIONS AND SPEECHES

Stark Law Overview - Seton Hall Law School
October 2009. Guest lecturer in the Healthcare Fraud and Abuse course offered by Seton Hall Law School. Provided an overview of the Federal Stark Law, including its history and practical application.

"Getting Started in a Medical Practice" - North General Hospital
March 2009. A seminar for faculty practice members providing a step-by-step guide to the organization and operation of private medical practices.
ADDITIONAL NOTEWORTHY INFORMATION

Kevin has been peer review rated as AV Preeminent, the highest rating for professional excellence by Martindale-Hubbell.

Kevin is the former Vice President and General Counsel of a 400-bed hospital and academic medical center.

Kevin was a practicing dentist and educator. At Tufts University School of Dental Medicine he taught operative dentistry and also developed and directed the school’s first integrated course in dental practice management.
 
PRACTICE AREAS

    Health Law

EDUCATION

    Syracuse University
      School of Arts & Sciences
      B.S., 1983

    Stony Brook University
      School of Dental Medicine
      D.D.S., 1987

    Boston University
      School of Law
      J.D., 1991

BAR & COURT ADMISSIONS

    New Jersey
    New York
    District of Columbia
    Massachusetts

PROFESSIONAL ACTIVITIES

    Member, American Health
      Lawyers Association

    Member, American Bar
      Association

    Member, New Jersey State
      Bar Association


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