Kevin represents health care industry service providers and investors as outside general counsel and for specific corporate and regulatory matters, including the matters described below:

 

• General corporate and regulatory advice, and strategic, business and regulatory planning for new and established health care providers and ventures.
• Formation, licensure and registration of managed care networks and other organized delivery systems, including accountable care organizations.
• Mergers and acquisitions of health care facilities and medical and dental 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, and Board of Dental 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.

PUBLICATIONS AND SPEECHES

• "The Response to ObamaCare: ACOs, Hospital Integration of Medical Practice and the Emergence of 'Super Groups'" April 2012 presentation to the Atlantic Regional Osteopathic Convention, Atlantic City, NJ.
• "Understanding Accountable Care Organizations (ACOs)" - Hunterdon County Medical Society
  November 2011.  A general overview of accountable care organizations for Medicare and commercial payors, including highlights of the final regulations governing the Medicare Shared Savings Program and related fraud and abuse, antitrust and tax-exempt guidance.
• Stark Law - Seton Hall Law School
  March 2011. Guest lecturer in the upper-level Healthcare Fraud and Abuse course offered by Seton Hall Law School.  Reviewed the Federal law prohibiting physician self-referrals commonly known as the Stark Law.  Provided analysis and compliance strategies.
• "Engaging Professionals" - New Jersey Central Dental Society
  October 2010.  A seminar highlighting legal issues arising in connection with employing or contracting with other dental practitioners. Focused on the employee or independent contractor choice, permissible compensation methodologies and restrictive covenants.
• 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.

 

REPRESENTATIVE MATTERS

• Academic Medical Center - Outside Counsel
  Support in-house counsel in a variety of general, corporate, regulatory and compliance matters.
• Long Term Care Facilities - Outside Counsel
  Provide corporate and regulatory advice to senior management; negotiate service and employment contracts.
• Medical and Dental Practices - General Counsel
  Provide legal advice and business planning support in all facets of the practices' operations. 
• Internet Start-Up - Regulatory Survey and Website Content
  Performed 50-state survey; provide regulatory advice and legal content for web-based health care support service provider. 
• Accountable Care Organization - Formation and Development
  Represent independent practice associations in the corporate organization and development of an accountable care organization. 
• Substance Abuse Treatment Centers - Acquisition of Residential Facilities
  2010-2011.  Represented a large substance abuse treatment provider in the acquisition of four residential and outpatient treatment facilities.
• Long Term Care Facilities - Sale of Assets
  2010.  Represented the owner and operator of three skilled nursing and an assisted living facility in sale of all operating assets.  Provided pre- and post- closing legal support.
• Vaccine Provider - Local Counsel
  2010.  Provide regulatory advice to national distributor and provider of vaccines.
• 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.

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.