Healthcare

Healthcare Practice Group

FRB’s Healthcare Practice Group represents a diverse cross-section of healthcare providers including physician groups, hospitals, physician/hospital organizations, independent practice associations, diagnostic and treatment centers, and office-based and ambulatory surgery centers. We often act as General Counsel in all aspects of business operations including, but not limited to, transactions, employment, human resources, and litigation matters.

Our responsibilities include:

  • Consulting
  • Legal Representation
  • Risk Management regarding a wide variety of issues including fraud and abuse (Stark Laws, anti-kickback and self-referrals)
  • Structuring Business Relationships
  • Formation of Article 28 (Certificate of Need) Facilities
  • Management and Shareholder Agreements
  • Professional Practice Sales
  • Healthcare Reorganizations
  • Other Related Matters

Our lawyers are intimately familiar with all aspects of the CON licensure process under Article 28 of the NYS Public Health Law including preparation and support of applications themselves, as well as post-approval/pre-opening compliance. Our attorneys have successfully guided numerous clients through this rigorous process. Our attorneys have also represented clients in regulatory, licensure and administrative matters before OPMC, OPD and OMIG.

While we are experienced transactional healthcare lawyers, we have also developed additional expertise in the unique laws, regulations, risks and market pressures affecting health care companies. Our attorneys are experienced in structuring public and private transactions and joint ventures to comply with the Federal Stark II law, the anti-kickback laws, Federal and state licensure requirements and the corporate practice of medicine doctrine.

Our firm is uniquely situated to represent medical technology, device and pharmaceutical companies, as well as private equity and financial services firms with healthcare companies in their portfolios, especially given our experience and understanding of the intersection of FDA regulation, Intellectual Property law and healthcare regulatory issues affecting these companies.

This experience includes the evolving area of telemedicine, mobile health and social media, with an emphasis on federal and state regulatory compliance.

Lastly, we our attorneys are experienced antitrust counselors to health care companies contemplating mergers or acquisitions and has been retained to opine on antitrust matters relating to several significant hospital mergers.

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