Healthcare Law

Healthcare Law

Members

  • John D. Fanburg
  • Riza I. Dagli
  • Lani M. Dornfeld
  • Joseph M. Gorrell
  • Carol Grelecki
  • Keith J. Roberts

Counsel

  • Shannon Carroll
  • Lauren D. Goldberg
  • Randall H. Lee
  • Debra W. Levine
  • Richard B. Robins
  • Jonathan J. Walzman
  • Edward J. Yun

Associates

  • Colleen Buontempo
  • Lindsay P. Cambron
  • Susan E. Frankel
  • Edward Hilzenrath
  • Cynthia J. Liba
  • Jocelyn E. Ezratty
  • Erika R. Marshall

Paralegals

  • Rosa Ferrey

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


Lectures, May 31, 2019

What’s In It For Me? Tips on How to Get the Best Employment Contract

New Jersey Obstetrical & Gynecological Society

Newsletters, May 8, 2019

May 2019 Health Law Update


Lectures, April 17, 2019
Effectively Representing Physicians: Everything you need to know to confidently and successfully represent New Jersey physicians in 2019aaaa

NJICLE

Newsletters, April 9, 2019

April 2019 Health Law Update

Alerts, April 4, 2019

April 2019 Health Law Alert

Articles, April 4, 2019

Dornfeld in HCAF Magazine on Data Breaches and Privacy

The Florida Home Care Connection

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, March 25, 2019

Lani M. Dornfeld Certified in Healthcare Privacy Compliance

South Florida Hospital News

Articles, March 11, 2019

Lani M. Dornfeld Certified in Healthcare Privacy Compliance

Health Care Alert

Articles, February 6, 2019

Roberts in Law360 On Appellate Victory

Law 360

Alerts, January 30, 2019

January 2019 Health Law Alert

Alerts, January 15, 2019

2018 Health Law Year in Review

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

Newsletters, December 5, 2018

December 2018 Health Law Update

Articles, November 15, 2018

Insurer Must Face Fraud Claim Over Release, 3rd Circ. Says

Law360, (quoted in)

News, November 11, 2018
Dornfeld Addresses HCAF Members on Medicare Issuesaaaa

Lectures, November 7, 2018
State of the NJ Healthcare Industryaaaa

SAX LLP’s Annual Healthcare Industry Update


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

Home Care Association of Florida

Newsletters, November 5, 2018

November 2018 Health Law Update


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

NJOGS Semi-Annual Meeting


Lectures, October 25, 2018
Live Webinar: Physician Misconduct – Impact on Licensure and Privileges in the #MeToo Eraaaaa
Newsletters, October 20, 2018

October 2018 Health Law Update

Articles, September 24, 2018

Telehealth and the Law: Addressing the Risks

Medical Economics

Articles, September 21, 2018

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

New Jersey Law Journal (quoted in)

News, September 14, 2018
Fanburg and Manigan Address NJAASC on One-Room Centersaaaa
Articles, September 12, 2018

Telehealth and the Law: The Challenge of Reimbursement

Medical Economics


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

New York Institute of Credit

Articles, September 7, 2018

Telehealth and the Law: How Policy Shapes the Marketplace

Medical Economics

Newsletters, September 5, 2018

September 2018 Health Law Update


Lectures, August 22, 2018
Live Webinar: The New Out-of-Network Law: Are You Ready?aaaa
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

Newsletters, August 5, 2018

August 2018 Health Law Update


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

Home Care Con ’18, Home Care Association of Florida

Newsletters, July 5, 2018

July 2018 Health Law Update


Lectures, June 1, 2018
Healthcare Reformaaaa

The New Jersey Obstetrical and Gynecological Society Annual Meeting

Articles, June 1, 2018

Murphy Signs Out-of-Network Health Care Cost Bill

NJTV News (quoted in)


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

Presented to the Bergen Bar Association

Newsletters, June 1, 2018

June 2018 Health Law Update

News, May 2, 2018
Roberts Addresses Bergen Catholic Career Dayaaaa

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

Presented to the New Jersey Defense Association

Articles, April 17, 2018

OIG Audits the Accuracy of Hospital Credit Reporting in Claim

Health Law Updates, Florida Bar Health Law Section

Articles, April 12, 2018

Assembly Passes Controversial ‘Out-of-Network’ Bill

NJBIZ (quoted in)


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

NJ Medical Group Management Association


Lectures, April 4, 2018
Gorrell and Levine Speak at ICLE Health Law Sessionaaaa

Lectures, March 15, 2018
Innovations in the Future of Healthcareaaaa

Rutgers EMBA Healthcare Symposium

Newsletters, March 5, 2018

March 2018 Health Law Update


Lectures, March 3, 2018
Regulatory and Legal Updateaaaa

Radiological Society of New Jersey Annual Meeting

Newsletters, February 15, 2018

February 2018 Health Law Update

Articles, February 13, 2018

Anesthesiologist Case May Lower Bar For Fla. Med Mal Suits

Law 360 (quoted in)

Articles, February 6, 2018

Murphy Ponders Modifying ‘Gift Ban’ for Docs

ROI-NJ (quoted in)

Newsletters, February 1, 2018

Health Law Update – 2017 Year in Review


Lectures, January 31, 2018
Legislative and Regulatory Issuesaaaa

NJ Association of Ambulatory Surgery Centers General Membership Meeting

Articles, January 31, 2018

N.J. Experts Not Shocked by Trio’s Health Care Plan

ROI-NJ (quoted in)


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

NJ Association of Ambulatory Surgery Centers, General Membership Meeting

Articles, January 29, 2018

NJ Charity Care Ruling Could Spark Uptick In Patient Claims

Law360 (quoted in)


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

Home Care Association of Florida, Home Care Warm-Up

Articles, January 17, 2018

Gorrell and Collins in Becker’s Hospital Review on Opioid Crisis

Becker’s Hospital Review

Newsletters, January 15, 2018

January 2018 Health Law Update

News, January 11, 2018
Dornfeld Speaks at HCAF Winter Warm-upaaaa
Newsletters, December 25, 2017

December 2017 Health Law Update

Articles, December 21, 2017

The Biggest Med Mal Decisions And Verdicts Of 2017

Law 360 (quoted in)

Newsletters, November 14, 2017

November 2017 Health Law Update


Lectures, November 14, 2017
Legal and Regulatory Updateaaaa

Radiological Society of New Jersey

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

Home Care Association of Florida website


Lectures, November 11, 2017
Recent Developments in Healthcare Reformaaaa

New Jersey Society of Pathologists

Newsletters, October 12, 2017

October 2017 Health Law Update

Articles, September 18, 2017

N.J. Health-Care Transaction Attorneys Urge Vigilance on Deals

BNA’s Health Care Daily Report (quoted in)

Newsletters, September 10, 2017

September 2017 Health Law Update

Newsletters, August 5, 2017

August 2017 Health Law Update

Alerts, August 2, 2017

HIPAA Update – August 2017S

News, July 18, 2017
Fanburg and Levine Address MSNJ Policy and Strategy Panelaaaa
Articles, July 17, 2017
Gorrell Writes in Physicians News Digest on Prescribing Opioidsaaaa
Articles, July 10, 2017

Marketing Tips for Healthcare PracticesS

Medical Economics

Newsletters, July 5, 2017

July 2017 Health Law Update


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

Home Care & Hospice Association of NJ Annual Meeting

Newsletters, June 7, 2017

June 2017 Health Law Update

Newsletters, May 7, 2017

May 2017 Health Law Update

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

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

Home Care & Hospice Association of NJ

Articles, April 10, 2017

How Physicians Can Limit Their Risk in Healthcare Marketing

Medical Economics

Newsletters, April 7, 2017

April 2017 Health Law Update


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

New Jersey State Society of Anesthesiologists 2017 Annual Spring Meeting

Newsletters, March 7, 2017

March 2017 Health Law Update

Newsletters, February 7, 2017

February 2017 Health Law Update

Newsletters, January 7, 2017

January 2017 Health Law Update

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

LL.M. Thesis

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,July 7, 2017

CMS Proposes New MACRA Rules

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,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 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 17, 2017

Medicare Payments and the Two-Midnight Rule

Healthcare Law Blog,January 10, 2017

CMS Announces New Care Delivery Models

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