John Fanburg has more than 25 years experience in health and hospital law, with an emphasis on corporate, transactions 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 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 AND SPEECHES

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

• "Yes, You Can Show Deadweight Docs the Exit," Outpatient Surgery Magazine, March 2012.
• "Legislative and Regulatory Update," presented at the New Jersey State Society of Anesthesiologists 53rd Annual Spring Meeting, April 21, 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.
• "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 presented a Legislative and Regulatory Update at the New Jersey State Society of Anesthesiologists 51st Annual Spring Meeting in April 2011.

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 2011 for his "longstanding relationships with healthcare professionals at all levels" and his "even-handed demeanor that brings opponents together."  His negotiation skills, according to Chambers, are "surpassed by none." He has been selected by his peers as among The Best Lawyers in America and as a New Jersey Super Lawyer in 2010, 2011 and 2012. John was also named as the "Newark Area Best Lawyers Health Care Lawyer of the Year" for 2011.  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, the highest rating for professional excellence by 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.