Health Care & Hospital

Today’s health care industry faces unprecedented business, operational and regulatory changes. These changes present challenges and opportunities.

Attorneys in Chiesa Shahinian & Giantomasi’s Health Care and Hospital Group assist clients in tackling the complex problems that confront those working in the health care and medical delivery system, and also provide guidance to those seeking to take advantage of business opportunities. From the individual medical professional to large institutions, we offer our clients an in-depth understanding of the industry and the tools necessary to address its unique issues.

Our attorneys provide experienced counsel to a wide range of clients in the health care arena, including:
  • Hospitals
  • Nursing homes
  • Intermediate care facilities
  • Medical device manufacturers
  • Individual and group medical and dental practices
  • Practice management service organizations
  • Health maintenance organizations (HMOs) and insurance companies
  • Health care professionals

The Chiesa Shahinian & Giantomasi Health Care and Hospital Group works closely with clients to deliver the highest caliber of responsive service and support. Our firm’s full-service capabilities also allow for seamless integration of counsel from other disciplines such as litigation, intellectual property and employment. In addition, we are uniquely experienced in conducting internal investigations for health care organizations. Our clients benefit from the cost efficiencies that come from dealing with a single law firm that is familiar with them and their requirements.

Whether setting up a new practice, litigating a business dispute, negotiating employment agreements, conducting an internal investigation or navigating the stringent guidelines for Medicare/Medicaid, Chiesa Shahinian & Giantomasi has the depth of experience and industry knowledge to ensure clients achieve their business and legal objectives.

Our services include:
  • Regulatory
    • Medicare/Medicaid reimbursement, fraud and abuse rules
    • Licensing and practice structures
    • Anti-kickback statutes
    • Certificates of Need
    • New Jersey CHAPA proceedings
    • Physician referral laws including the federal Stark law and New Jersey Codey law
    • HIPAA
    • Antitrust policies
    • State and federal tax exemptions
    • HMOs and insurance companies
  • Operational Documents
    • Stockholder, partnership, operating and joint venture agreements
    • Employment and severance agreements
    • Ancillary service provider agreements (such as those for collection services, equipment leasing, laboratories, ambulatory surgical centers, X-ray centers, and others)
    • Compensation agreements between managed care organizations and service providers
    • Managed care provider agreements
  • General Business Counseling
    • Employment law (including discrimination and harassment)
    • Examination of proposed transactions
  • Practice Reorganization, Mergers, Acquisitions and Sales
    • Merger vs. asset contribution analysis
    • Compensation arrangements
    • Payment terms
    • Due diligence on third-party contracts
    • Stock purchase agreements
    • Merger agreements
    • Subscription agreements
    • Asset purchase agreements
    • Tax and pension issues
    • Deferred compensation and restrictive covenant issues
  • Internal Investigations and Monitoring
    • Investigations of alleged misconduct
    • Deferred prosecution agreements
    • Remedial action plans
    • Compliance policies and procedures
  • Estate, Tax and Pension Planning
    • Business and personal asset transfer
    • Tax implications and minimization
    • ERISA compliance
    • Insurance coverage
    • Retirement, pension and qualified benefits plans
  • Litigation
    • Professional license representation
    • Medicare and Medicaid provider appeals
    • Certificate of Need adjudications and appeals
    • Provider non-competition disputes