Barclay Damon has one of the leading health care teams in the Northeast. Our rapidly expanding bench of health care attorneys provides sophisticated counsel to businesses and professionals on regulatory, transactional, and litigation matters. We immerse ourselves in our client’s business and counsel them using keen industry insight. That understanding is enhanced by attorneys on our team who have previously held positions with federal and state regulatory and enforcement bodies.
We are proud to serve as advocates and advisors to the full spectrum of the health care industry:
- Hospitals, health systems, and physicians
- Post-acute care providers
- Developmental disability and behavioral health providers
- Health Information Exchanges (HIEs) and data privacy and security
Regulatory and Compliance Matters
We routinely assist clients in addressing a range of regulatory and compliance issues, including:
- Clinical alignment and network development
- Corporate compliance
- False Claims Act and anti-kickback and self-referral laws
- HIPAA and health-information privacy and security
- Licensure, Certificate of Need (CON), and surveys
- Managed-care contracting
- Medicare, Medicaid, and other payor reimbursement
- Patient care and end-of-life issues
- Professional licensure
- Telehealth
Corporate and Business Transactions
We are valued business advisors to our clients. Our attorneys have the unique combination of transactional and health care experience to be able to handle sophisticated transactions.
We are routinely called upon by clients for assistance with the following:
- Antitrust
- Affiliations and network development
- Contract preparation, review, and negotiation
- Corporate governance
- Corporate tax and tax exemption
- Due-diligence regulatory reviews
- Entity formation and restructuring
- Joint-venture arrangements
- Mergers, acquisitions, and divestitures
- Project financing, planning, and implementation
Government and Payor Audits, Investigations, and Litigation
Our attorneys provide strategic advice and advocacy to clients involved in government and payor audits and investigations. In the event an audit or investigation progresses to an administrative or judicial proceeding, we connect with the litigation attorneys on the firm’s health care controversies team.
Our representative experience includes:
- Investigations, audits, and regulatory proceedings before the:
- HHS Office of the Inspector General (HHS OIG)
- NYS Attorney General’s Bureau of Internet and Technology
- NYS Attorney General’s Medicaid Fraud Control Unit (MFCU)
- NYS Department of Education (SED)
- NYS Department of Health (DOH)
- NYS Department of Health Office of Professional Medical Conduct (OPMC)
- NYS Education Department Office of the Professions (OP)
- NYS Justice Center for the Protection of People With Special Needs
- NYS Office for People With Developmental Disabilities (OPWDD)
- NYS Office of the Medicaid Inspector General (OMIG)
- NYS Office of Mental Health (OMH)
- NYS Office of Alcoholism and Substance Abuse (OASAS)
- Private Payors
- US Department of Health & Human Services’ Office of Civil Rights (HHS OCR)
- US Department of Justice (DOJ)
- Article 78 proceedings challenging state-agency determinations
- Crisis response and reporting related to data-breach incidents
- Fraud and abuse allegations
- Whistleblower complaints