Brian M. Foley Partner

Co-chair of Schenck, Price, Smith & King’s Health Care Law Practice Group, Brian M. Foley has wide-ranging experience in fraud and abuse counseling, reimbursement, managed care contracts, medical staff issues, employment, and compliance matters.  Further, Mr. Foley represents providers in state and federal regulatory matters, including professional licensing board matters.

In addition to being a member of the American Health Lawyers Association and the New Jersey State Bar Association's Health and Hospital Law Section, Mr. Foley is a member of the board of trustees for Bethel Ridge, a facility which aims to provide comprehensive community-based support for persons with developmental disabilities, located in Basking Ridge, New Jersey, and a member of the board of trustees for Matheny Medical & Educational Center, both a hospital and educational facility for children and adults with medically complex developmental disabilities, located in Peapack, New Jersey.

Among Mr. Foley's professional activities is his role as former associate editor of HealthSpan, The Report of Health Business and Law.

Prior to joining Schenck, Price, Smith & King, Mr. Foley was the Vice President and General Counsel of Cathedral Healthcare System in Newark, New Jersey, and a partner in the law firm of Kalison, McBride, Jackson & Murphy.  Early in his career, he clerked for the Honorable Thomas S. O’Brien, Judge of the Superior Court of New Jersey, Appellate Division.

Areas of Concentration

Day-to-day hospital counsel; health-care-related litigation; including reimbursement-related matters; managed care contracts; hospital licensing and regulatory matters, including certificate of need; fraud and abuse counseling, including state and federal anti-kickback laws and self-referral laws; compliance-related matters under state and federal laws; reimbursement issues, including Medicare, Medicaid and Charity Care; patient’s rights issues, including advanced directives, guardianships, withholding/withdrawing life-sustaining treatments and Do Not Resuscitate (DNR) orders; Joint Commission compliance; confidentiality issues including HIPAA; policies, procedures and consent forms; hospital vendor contracts; medical staff representation, including bylaws, credentialing, corrective actions and compliance with state and federal reporting requirements; staff admissions plans and exclusive contracts; Board of Medical Examiners and Board of Nursing; Counsel to Bioethics Committees; Counsel to Institutional Review Boards.

Representative Matters

  • University of Medicine and Dentistry of New Jersey v. Christine Grant, 343 N.J. Super. 162 (App. Div. 2001) (Hospital Charity Care Reimbursement)
  • Petroco v. Dover General Hospital and Medical Center, 273 N.J. Super. 501 (App. Div. 1994), cert. denied, 138 N.J. 264 (1994) (Hospital Policies and Procedures Regarding Chiropractors Admission to the Medical Staff)
  • Courtney v. Shore Memorial Hospital, 245 N.J. Super. 138 (App. Div. 1990) (Hospital and Medical Staff Authority to Take Correction Action Against Member of Staff)
  • A.W. v. Division of Medical Assistance and Health Services, 94 N.J.A.R. 22 (DMA) (1994) (Individual's Eligibility for Medicaid Long Term Care Benefits and Asset Transfers)

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