Frank, Haron, Weiner and Navarro is a leader in health law and our attorneys provide a full range of legal services to our clients in the health care sector.  We have represented healthcare professionals and entities with matters ranging from licensing issues to employment disputes to litigation arising from sales of medical practices.

 

Our health care related services include:

 

Health Care Start-Ups and Business Operations

 

o   Planning and formation of medical practices, home health agencies, and other entities

o   Regulatory compliance with day-to-day operations

 

When launching a new business, getting off to a good start is critical to the success of any practice.  We are here to assist and have experience with a variety of issues affecting start-up health care ventures, such as regulatory compliance (including privacy laws and intellection property), general operational matters, and National Institute of Health (NIH) grant applications.

 

We also have experience with entities that conduct business nation-wide, including representing a national physical therapy management company in connection with all aspects of their business model and litigation, and a national mail-in optical company in all operational matters including e-commerce, regulatory and licensing compliance, and contracting. 

 

Expansion and Dissolution of Health Care Entities

 

o   Business Ventures

o   Negotiations

o   Sales

o   Acquisitions

o   Practice Expansion Into Ancillary Areas

o   Practice Dissolutions

o   Buy-Outs

 

We have litigated cases involving break-ups of surgical practices and associated business issues and shareholder disputes.  We also have experience in litigation resulting from a practice break-up and the buy out of a departing member.  For example, we represented sellers in litigation arising from the sale of a home health agency, and represented a buyer in the acquisition of a surgical center and certificate-of-need (“CON”) transfer.

 

Contract and Employment Issues

 

o   Negotiation and contract formation in the acquisition and delivery of healthcare products and services

o   Provider participation agreements

o   Employment Contract

o   Contract/Covenants Not To Compete

 

Through collaboration with our experienced employment attorneys, we are fully equipped to handle all employment and non-compete matters pertaining to licensed healthcare professionals.  We have represented physicians in connection with employment contract negotiations and release from non-compete agreements, and have experience in matters involving confidential patient lists and solicitation of patients by departing physicians.  As an example, we negotiated the elimination of a series of covenants not to compete, thus allowing a client to continue its relationships with a major medical insurance company. We also successfully represented a physician in connection with obtaining a release from a non-compete agreement with a large hospital system.

 

Regulatory Compliance and Professional Licensing

 

o   Administrative and Disciplinary Actions

o   National Practitioner Data Bank entries

o   HIPAA/privacy laws

 

We frequently represent physicians and other health care professionals in licensing reinstatement and disciplinary actions with numerous medical boards, including the Michigan Board of Medicine and Board of Physical Therapy.  As an example, we represented a physician in a licensing matter before the Board of Medicine, which successfully resulted in the dismissal of the administrative complaint with no licensing action taken by the Board.  We have also been involved with DEA de-registration and re-registration litigation, and National Practitioner Data Bank (“NPDB”) responses and exceptions.

 

We advise clients on the scope and ramifications of federal and state health laws, including HIPAA and other privacy regulations, the Michigan Public Health Code, the Wellstone-Domenici Parity Act and even copyright/trademark matters.

 

Audit and Reimbursement Matters

 

We counsel clients on coding, billing, insurance and Medicare/Medicaid issues, including Medicare opt-outs and Advanced Beneficiary Notice (“ABN”) requirements.  For example, we have handled a dispute relating to alleged Medicare billing errors and the indemnity provision in an agreement for the sale of a billing practice.  We also work with health care providers on Medicare/Medicaid de-participation, re-participation, exclusion and reinstatement.

 

Fraud and Abuse/Self-Referrals

 

o   Stark laws

o   Federal and state anti-kickback laws

o   Federal and state False Claims Acts

 

Violations of self-referral laws such as Stark and federal/state Anti-Kickback statutes can result in hefty fines and even criminal penalties.  We regularly counsel clients on how these laws may impact proposed transactions, partnership arrangements and other remuneration issues, including but not limited to physicians, chiropractors and ambulance companies.

 

This practice area includes proceedings related to prescription fraud and abuse, excessive billing, upcoding, and overbilling for medical procedures and diagnostic tests.

 

Hospital Matters

 

o   Credentialing

o   Privileges

o   Medical Staff Membership and Rights

o   Peer Review

o   Fair Hearing/Grievance Procedures

 

We have represented physicians against major metropolitan hospitals for denial of fair hearing rights, denial of Medical Staff Bylaws rights, tortious interference, and other associated privileging/credentialing claims.  For example, we successfully represented a physician in a peer review proceeding against a large community hospital, and a nurse in a disciplinary action proceeding involving a public hospital.  We also have represented physicians with respect to National Practitioner Data Bank (“NPDB”) responses and exceptions.

 

Litigation Arising Out Of/Related To the Foregoing Matters