
Lenhart
Obenshain
lawyers possess a wide range of
experience supporting health care organizations from large
hospital systems and retirement communities (including CCRC-registered
communities) to group and solo
medical professionals. We regularly handle the full gamut of
legal issues confronting practices of health care providers,
such as corporate organizational questions (formation,
succession, etc.), employee benefits, personnel issues, real
estate and other business transactions, regulatory compliance (HIPAA,
Stark, Anti-kickback, etc.), risk management and professional
liability defense (up to and including litigation),
credentialing and peer review, managed care, reimbursement and
contract disputes. as well as personal estate and asset
protection planning. We can guide health care clients through
today’s complex legal landscape because we have the depth
necessary to allow our lawyers to concentrate in specific
practice areas, yet we are small enough to coordinate
efficiently and seamlessly in providing this expert advice.
Our services include:
- Corporate Organization. We have substantial experience
advising health care providers confronting issues regarding
affiliation, organization, mergers and acquisitions, and
divestitures. Formation and organizational issues are
critical to maximize tax benefits and creditor protection.
Additionally, we continually consult with our health care
clients regarding shareholder disputes and practice
divestitures. We have extensive experience in negotiating,
and drafting all types of contracts and documents involving
professional corporations, including employment agreements,
partnerships, leases, and equipment purchases.
- Tax and Employee Benefits. Our health care clients include
both for-profit and non-for-profit entities. Tax issues
confronting these various entities are complex, and we
routinely guide our clients through the myriad of tax
regulations. Additionally, we routinely counsel health care
clients regard the adoption, implementation and
administration of all types of employee benefit plans,
including qualified retirement plans (e.g., profit sharing
plans, 401K plans, defined benefit plans) as well as
non-qualified plans and welfare benefit plans (e.g., 60125
Cafeteria Plans, etc.)
- Regulatory Matters. Our health care team regularly
advises clients on myriad of regulatory matters confronting
health care clients including: federal and state privacy
laws, including the Health Insurance Portability and
Accountability Act (HIPAA), restrictions on patient
transfers, including the Emergency Medical Treatment and
Active Labor Act (EMTALA), Anti-Kickback, Fraud and Abuse
laws, self-referral laws including STARK I and II.
- Litigation Risk Management. We represent clients,
including providers and major insurance carriers, in all
areas of insurance, including medical malpractice defense
and risk management issues, as well as defending against
EMTALA, ERISA and employment related claims and HIPAA
privacy rules.
- Employment. Our health care practice, in consultation
with our employment lawyers, routinely advise clients with
regard to employment and labor related matters, including
unlawful discharge, non-competition agreements, family
medical leave act, and COBRA claims.
If you need legal advice on health care issues, contact
Jeffrey G. Lenhart at 540.437.3123. |