Healthcare Law pdf button image

John D. Fanburg, Chair

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
Our Promise
+

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
+
icon Lectures, January 15, 2020
Carol Grelecki and Bob Kasolas – Regulatory Update and Pitfalls of Social Media for Healthcare Providers

New Jersey Association of Ambulatory Surgery Centers' Quarterly Meeting

icon News, January 3, 2020
January 2020 News

icon Newsletters, January 3, 2020
Healthcare Law Update January 2020

icon Newsletters, November 27, 2019
Healthcare Law Update November 2019

icon Newsletters, October 30, 2019
Healthcare Law Update October 2019

icon Newsletters, October 4, 2019
Healthcare Law Update September 2019

icon Alerts, July 26, 2019
July 2019 Health Law Update

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

icon Newsletters, June 28, 2019
June 2019 Health Law Update

icon Lectures, May 31, 2019
John D. Fanburg – What’s In It For Me? Tips on How to Get the Best Employment Contract

New Jersey Obstetrical & Gynecological Society

icon Newsletters, May 8, 2019
May 2019 Health Law Update
icon Newsletters, April 9, 2019
April 2019 Health Law Update

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

icon 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.

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

South Florida Hospital News

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

Health Care Alert

icon Articles, February 6, 2019
Roberts in Law360 On Appellate Victory

Law 360

icon Alerts, January 30, 2019
January 2019 Health Law Alert

icon Alerts, January 15, 2019
2018 Health Law Year in Review

icon Articles, December 21, 2018
Claims of Kickbacks Based on Physician Salaries Signals a Need for Increased Compliance Efforts

Health Law Updates, Florida Bar Health Law Section

icon Newsletters, December 5, 2018
December 2018 Health Law Update

icon Articles, November 15, 2018
Insurer Must Face Fraud Claim Over Release, 3rd Circ. Says

Law360, (quoted in)

icon Lectures, November 7, 2018
State of the NJ Healthcare Industry

SAX LLP's Annual Healthcare Industry Update

icon Lectures, November 7, 2018
Revisions to Medicare Home Health Moratoria Access Waiver Demonstration

Home Care Association of Florida

icon Newsletters, November 5, 2018
November 2018 Health Law Update

icon Lectures, November 2, 2018
How Prior Authorization Affects the Quality of Healthcare

NJOGS Semi-Annual Meeting

icon Newsletters, October 20, 2018
October 2018 Health Law Update

icon Articles, September 24, 2018
Telehealth and the Law: Addressing the Risks

Medical Economics

icon Articles, September 21, 2018
Among NJ Top 40 Law Firms, Revenue Growth More Common Than Population Growth

New Jersey Law Journal (quoted in)

icon Articles, September 12, 2018
Telehealth and the Law: The Challenge of Reimbursement

Medical Economics

icon Lectures, September 10, 2018
Healthcare – Will It Be the Next Meltdown Like Retail?

New York Institute of Credit

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

Medical Economics

icon Newsletters, September 5, 2018
September 2018 Health Law Update

icon Articles, August 10, 2018
Changes Expected to Come to the Stark Law as CMS Seeks Public Input

Health Law Updates, Florida Bar Health Law Section

icon Newsletters, August 5, 2018
August 2018 Health Law Update

icon Lectures, July 31, 2018
Contracts With SUPERHERO Protections: Employment, Independent Contractor, and Restrictive Covenant Agreements

Home Care Con '18, Home Care Association of Florida

icon Newsletters, July 5, 2018
July 2018 Health Law Update

icon Lectures, June 1, 2018
Healthcare Reform

The New Jersey Obstetrical and Gynecological Society Annual Meeting

icon Articles, June 1, 2018
Murphy Signs Out-of-Network Health Care Cost Bill

NJTV News (quoted in)

icon Lectures, June 1, 2018
CLE on Compliance Tips for Medical Practice Collaborations

Presented to the Bergen Bar Association

icon Newsletters, June 1, 2018
June 2018 Health Law Update

icon Lectures, May 1, 2018
CLE on Litigation Discovery Involving Protected Health Information

Presented to the New Jersey Defense Association

icon Articles, April 17, 2018
OIG Audits the Accuracy of Hospital Credit Reporting in Claim

Health Law Updates, Florida Bar Health Law Section

icon Articles, April 12, 2018
Assembly Passes Controversial ‘Out-of-Network’ Bill

NJBIZ (quoted in)

icon Lectures, April 6, 2018
Curiosity Killed the Cat & Other Common HIPAA Pitfalls

NJ Medical Group Management Association

icon Lectures, March 15, 2018
Innovations in the Future of Healthcare

Rutgers EMBA Healthcare Symposium

icon Newsletters, March 5, 2018
March 2018 Health Law Update

icon Lectures, March 3, 2018
Regulatory and Legal Update

Radiological Society of New Jersey Annual Meeting

icon Newsletters, February 15, 2018
February 2018 Health Law Update

icon Articles, February 13, 2018
Anesthesiologist Case May Lower Bar For Fla. Med Mal Suits

Law 360 (quoted in)

icon Articles, February 6, 2018
Murphy Ponders Modifying ‘Gift Ban’ for Docs

ROI-NJ (quoted in)

icon Newsletters, February 1, 2018
Health Law Update – 2017 Year in Review

icon Lectures, January 31, 2018
Legislative and Regulatory Issues

NJ Association of Ambulatory Surgery Centers General Membership Meeting

icon Articles, January 31, 2018
N.J. Experts Not Shocked by Trio’s Health Care Plan

ROI-NJ (quoted in)

icon Lectures, January 31, 2018
Curiosity Killed the Cat & Other Common HIPAA Pitfalls/HIPAA Business Associates: What’s the Big Deal?

NJ Association of Ambulatory Surgery Centers, General Membership Meeting

icon Articles, January 29, 2018
NJ Charity Care Ruling Could Spark Uptick In Patient Claims

Law360 (quoted in)

icon Lectures, January 17, 2018
Home Health Employer Protections: Can You Improve Yours?

Home Care Association of Florida, Home Care Warm-Up

icon Articles, January 17, 2018
Gorrell and Collins in Becker’s Hospital Review on Opioid Crisis

Becker's Hospital Review

icon Newsletters, January 15, 2018
January 2018 Health Law Update

icon Newsletters, December 25, 2017
December 2017 Health Law Update

icon Articles, December 21, 2017
The Biggest Med Mal Decisions And Verdicts Of 2017

Law 360 (quoted in)

icon Newsletters, November 14, 2017
November 2017 Health Law Update

icon Lectures, November 14, 2017
Legal and Regulatory Update

Radiological Society of New Jersey

icon Articles, November 12, 2017
Great News for Florida Home Health Providers: Florida Supreme Court Supports Home Health Non-Compete

Home Care Association of Florida website

icon Lectures, November 11, 2017
Recent Developments in Healthcare Reform

New Jersey Society of Pathologists

icon Newsletters, October 12, 2017
October 2017 Health Law Update

icon Articles, September 18, 2017
N.J. Health-Care Transaction Attorneys Urge Vigilance on Deals

BNA's Health Care Daily Report (quoted in)

icon Newsletters, September 10, 2017
September 2017 Health Law Update

icon Newsletters, August 5, 2017
August 2017 Health Law Update

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

icon Articles, July 10, 2017
Marketing Tips for Healthcare Practices

Medical Economics

icon Newsletters, July 5, 2017
July 2017 Health Law Update

icon Lectures, June 22, 2017
Preferred Provider Arrangements: Compliant Partnering to Enhance Quality of Care

Home Care & Hospice Association of NJ Annual Meeting

icon Newsletters, June 7, 2017
June 2017 Health Law Update

icon Newsletters, May 7, 2017
May 2017 Health Law Update

icon Lectures, April 20, 2017
Advance Planning for Buying or Selling A Home Care or Hospice Business

Home Care & Hospice Association of NJ

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

Medical Economics

icon Newsletters, April 7, 2017
April 2017 Health Law Update

icon Lectures, March 11, 2017
Regulatory and Legal Update and Advocacy Update

New Jersey State Society of Anesthesiologists 2017 Annual Spring Meeting

icon Newsletters, March 7, 2017
March 2017 Health Law Update

icon Newsletters, February 7, 2017
February 2017 Health Law Update

icon Newsletters, January 7, 2017
January 2017 Health Law Update

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

LL.M. Thesis

icon 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

Blog
+
Healthcare Law Blog  May 9, 2019
Legislative Update – May 2019
Healthcare Law Blog  April 6, 2019
Legislative Update – April 2019
Healthcare Law Blog  February 20, 2019
Legislative Update – February 2019
Healthcare Law Blog  January 28, 2019
Legislative Update – January 2019
Healthcare Law Blog  December 21, 2018
Legislative Update – December 2018
Healthcare Law Blog  November 29, 2018
Legislative Update – November 2018
Environmental & Land Use, Healthcare Law Blog  April 13, 2018
DEC Revises Regulated Medical Waste Storage and Disposal Regulations
Healthcare Law Blog  October 16, 2017
Sanders Proposes Medicare for All Act of 2017
Healthcare Law Blog  September 20, 2017
Legislative Update- September 2017
Healthcare Law Blog  September 1, 2017
CMS Proposes to Cancel Mandatory Bundled Payment Models
Healthcare Law Blog  August 3, 2017
OIG Announces New Inquiries into Fraudulent Billing
Healthcare Law Blog  August 1, 2017
CMS Proposes Updates to Medicare OPPS for CY 2018
Healthcare Law Blog  July 7, 2017
CMS Proposes New MACRA Rules
Healthcare Law Blog  July 5, 2017
Effective Date for New Home Health COPs Delayed
Healthcare Law Blog  June 22, 2017
Legislative Update – June 2017
Healthcare Law Blog  May 24, 2017
Legislative Update- May 2017
Healthcare Law Blog  May 22, 2017
Amendments to NJCLIA
Healthcare Law Blog  May 11, 2017
CMS Updates Self-Referral Disclosure Protocol Form
Healthcare Law Blog  May 1, 2017
Randsomware Attacks Hit Health Care Organizations
Healthcare Law Blog  March 1, 2017
House GOP Unveils ACA Repeal/Replace Bill
Healthcare Law Blog  February 8, 2017
CMS Releases Final Rule Amending Home Health CoPs
Healthcare Law Blog  February 7, 2017
CMS Addresses Backlog in Medicare Appeals
Healthcare Law Blog  February 6, 2017
President Orders “One-In, Two-Out” Regulatory Scheme
Healthcare Law Blog  February 2, 2017
Legislative Update- February 2017
Healthcare Law Blog  January 23, 2017
Legislative Update- January 2017
Healthcare Law Blog  January 19, 2017
New Safe Care Camera Program
Healthcare Law Blog  January 18, 2017
OIG Issues Review of CMS’s Quality Payment Program
Healthcare Law Blog  January 17, 2017
Medicare Payments and the Two-Midnight Rule
Healthcare Law Blog  January 10, 2017
CMS Announces New Care Delivery Models
Healthcare Law Blog  January 9, 2017
OIG Revises Safe Harbors under Anti-Kickback Statute