Healthcare Law pdf button image

John D. Fanburg, Chair

In today’s complex and ever-changing healthcare environment, institutional and individual providers and healthcare 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 – 20 strong – represents individuals and entities from every corner of the healthcare 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 healthcare 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 healthcare business, transactional, licensure, compliance, white collar criminal, and litigation matters.

We are actively involved in all developments affecting healthcare 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 healthcare 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 healthcare 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 healthcare 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
  • Healthcare business purchase and sale transactions, mergers, acquisitions
  • Structuring mergers/consolidation of physician practices and healthcare 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
  • Healthcare 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 healthcare 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
  • Healthcare employment matters
Our Promise
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At Brach Eichler, we are committed to a dynamic and meaningful partnership with our clients. We move forward with a shared vision, one that is carefully crafted and thoughtfully and practically implemented. Together, we achieve success.

Insights
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Healthcare Law Update – May 2021

“Events Events, May 25, 2021
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On-demand

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“Newsletters Newsletters, March 31, 2021
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Firm Announcements & Wins, March 23, 2021
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Healthcare Law Update – January 2021

“Newsletters Newsletters, December 30, 2020
Healthcare Law Update – December 2020

“Newsletters Newsletters, October 29, 2020
Healthcare Law Update – October 2020

“Newsletters Newsletters, September 29, 2020
Healthcare Law Update – September 2020

B|E in the News, September 11, 2020
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“Newsletters Newsletters, August 31, 2020
Healthcare Law Update – August 2020

“Newsletters Newsletters, July 31, 2020
Healthcare Law Update – July 2020

“Events Events, July 21, 2020
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On-demand

“Newsletters Newsletters, June 29, 2020
Healthcare Law Update – June 2020

“Newsletters Newsletters, May 21, 2020
Healthcare Law Update – May 2020

“Newsletters Newsletters, April 8, 2020
Healthcare Law Update – April 2020

“Newsletters Newsletters, February 27, 2020
Healthcare Law Update – February 2020

“Articles Articles, February 18, 2020
A Conversation With Keith Roberts

“Newsletters Newsletters, January 23, 2020
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“Events Events, January 15, 2020
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New Jersey Association of Ambulatory Surgery Centers' Quarterly Meeting

“Newsletters Newsletters, January 3, 2020
Healthcare Law Update – January 2020

“Newsletters Newsletters, November 27, 2019
Healthcare Law Update – November 2019

“Newsletters Newsletters, October 30, 2019
Healthcare Law Update – October 2019

“Newsletters Newsletters, October 4, 2019
Healthcare Law Update – September 2019

“Newsletters Newsletters, August 29, 2019
Healthcare Law Update – August 2019

“Newsletters Newsletters, July 26, 2019
Health Law Update – July 2019

“Alerts Alerts, July 3, 2019
June 2019 Health Law Alert

“Newsletters Newsletters, June 28, 2019
Health Law Update – June 2019

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New Jersey Obstetrical & Gynecological Society

“Newsletters Newsletters, May 8, 2019
Health Law Update – May 2019
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Effectively Representing Physicians: Everything you need to know to confidently and successfully represent New Jersey physicians in 2019

NJICLE

“Newsletters Newsletters, April 9, 2019
Health Law Update – April 2019

“Alerts Alerts, April 4, 2019
April 2019 Health Law Alert

“Articles Articles, April 4, 2019
Levine in Group Practice Journal on Disruptive Physicians
“Events Events, April 3, 2019
REGISTER NOW for the 10th Annual NJ Healthcare Market Review

SEPTEMBER 18-19, 2019 Borgata Hotel Casino & Spa Atlantic City, NJ Early registration is now open at: www.njhmr.com. Register by June 30 to receive a 10% discount. Detailed invitation and agenda to follow. Sponsorship opportunities are available. Contact Alexis De Jesus at 973.364.8343 or adejesus@bracheichler.com for more information.

“Articles Articles, March 25, 2019
Lani M. Dornfeld Certified in Healthcare Privacy Compliance

South Florida Hospital News

“Articles Articles, March 11, 2019
Lani M. Dornfeld Certified in Healthcare Privacy Compliance

Health Care Alert

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Law 360

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SAX LLP's Annual Healthcare Industry Update

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Revisions to Medicare Home Health Moratoria Access Waiver Demonstration

Home Care Association of Florida

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Health Law Update – November 2018

“Events Events, November 2, 2018
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NJOGS Semi-Annual Meeting

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Live Webinar: Physician Misconduct – Impact on Licensure and Privileges in the #MeToo Era
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Health Law Update – October 2018

Firm Announcements & Wins, October 16, 2018
Brach Eichler Adds Five Attorneys in Key Practices
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Medical Economics

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Among NJ Top 40 Law Firms, Revenue Growth More Common Than Population Growth

New Jersey Law Journal (quoted in)

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Medical Economics

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New York Institute of Credit

“Articles Articles, September 7, 2018
Telehealth and the Law: How Policy Shapes the Marketplace

Medical Economics

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Changes Expected to Come to the Stark Law as CMS Seeks Public Input

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Healthcare Reform

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Health Law Update – May 2018

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OIG Audits the Accuracy of Hospital Credit Reporting in Claim

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NJBIZ (quoted in)

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Radiological Society of New Jersey Annual Meeting

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ROI-NJ (quoted in)

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ROI-NJ (quoted in)

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NJ Association of Ambulatory Surgery Centers, General Membership Meeting

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Health Law Update – September 2017

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“Alerts Alerts, August 2, 2017
HIPAA Update – August 2017

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“Articles Articles, July 17, 2017
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Medical Economics

Blogs, July 7, 2017
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Health Law Update – July 2017

“Events Events, June 22, 2017
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Home Care & Hospice Association of NJ Annual Meeting

“Newsletters Newsletters, June 7, 2017
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Blogs, May 24, 2017
Legislative Update- May 2017

Blogs, May 22, 2017
Amendments to NJCLIA

“Newsletters Newsletters, May 7, 2017
Health Law Update – May 2017

“Events Events, May 5, 2017
NJ ASC & Healthcare Market Review, May 4-5

“Events Events, April 20, 2017
Advance Planning for Buying or Selling A Home Care or Hospice Business

Home Care & Hospice Association of NJ

“Articles Articles, April 10, 2017
How Physicians Can Limit Their Risk in Healthcare Marketing

Medical Economics

“Newsletters Newsletters, April 7, 2017
Health Law Update – April 2017

“Newsletters Newsletters, March 7, 2017
Health Law Update – March 2017

“Newsletters Newsletters, February 7, 2017
Health Law Update – February 2017

Blogs, January 23, 2017
Legislative Update- January 2017

Blogs, January 19, 2017
New Safe Care Camera Program

“Newsletters Newsletters, January 7, 2017
Health Law Update – January 2017

“Articles Articles, January 2, 2017
MACRA: The Death Knell for Small Private Practice

LL.M. Thesis

“Articles Articles, January 2, 2017
The Impact of the OIG’s 2017 Revisions to the AKS Safe Harbors and the CMP Rules on Access to Healthcare in Rural Communities

Vol. XVII Health Law Section Newsletter No. 12, Florida Bar Health Law Section