Health Care Law

The health care marketplace, both on a national and a statewide level, is changing at a rapid pace.  Increasing federal and state regulatory challenges and a fiercely competitive marketplace with evolving consolidation of health care institutions are just two issues facing today’s health care industry.  

Schenck, Price, Smith & King’s Health Care Group is a full-service health law practice, with the experience to handle virtually any issue facing members of New Jersey’s health care community.  We were one of the first law firms in the state to develop a practice dedicated to health care law, and have been serving the industry for much of our 100+-year history.  Today we are one of the largest health care law practices in New Jersey, offering a range of corporate transactional, litigation and regulatory services tailored to meet the needs of both institutional and individual clients.  Our clients represent a cross-section of the health care industry in the state, notably major hospital systems and community hospitals, and including physicians and physician groups, medical staff, ambulatory care facilities, nursing homes and other long-term care facilities, home health agencies, mental health providers, community providers and providers of durable medical equipment.

Our lawyers have diverse backgrounds in health care, having served as in-house and general counsel for health care systems, hospitals, group purchasing organizations and professional liability insurers, heads of governmental entities, members of Board of Trustees and directors for various health-related entities.  

Our litigators handle credentialing, regulatory matters and other disputes, including medical malpractice.  They help clients avoid the need for costly and protracted proceedings.  However, when the need for court intervention arises, they are fully prepared to litigate aggressively and to the fullest extent necessary.

Publications

Services to Clients

Our attorneys assist their clients in a variety of ways, including:

  • Serving as hospital general counsel.
  • Structuring physician practice and health care business transactions
  • Counseling on fraud and abuse, including state and federal anti-kickback laws and self-referral laws
  • Creating and advising on policies, procedures and consent forms
  • Advising on licensure, certification, survey and accreditation issues
  • Handling all aspects of health care-related litigation, including medical malpractice
  • Advising on reimbursement matters, including Medicare, Medicaid and charity care
  • Preparing and reviewing advanced care directives
  • Implementing risk management plans
  • Drafting and preparing managed care contracts
  • Representing medical staff, including by-laws, credentialing, corrective actions and reporting requirements
  • Assessing staff admission plans and exclusive contracts
  • Evaluating peer review activities
  • Representing hospitals in connection with clinical trial agreements
  • Representing investigative sites and sponsors in connection with clinic research
  • Advising on patient confidentiality, including HIPAA compliance issues
  • Preparing and submitting Certificates of Need
  • Counseling on Joint Commission compliance
  • Evaluating Emergency Medical Treatment and Active Labor Act (EMTALA)
  • Handling Guardianships
  • Representing licensed professionals before state licensing agencies
  • Evaluating patient’s rights issues
  • Advising on compliance-related matters under state and federal law
  • Counseling on insurance-related matters involving New Jersey State Department of Banking and Insurance
  • Serving as counsel to professional liability committees, bioethics committees and Institutional Review Boards (IRBs)
  • Drafting and counseling on employment contracts
  • Counseling on labor and employment issues
  • Managing government investigations
  • Defending audits by third-party payers

Representative Matters

We have a long track record of successfully supporting clients throughout the health care industry, including representing:

  • A hospital in arbitration against a national managed care organization, resulting in the recovery of over $1 million in additional reimbursement for the hospital
  • A health care system and hospital in the acquisition of another hospital
  • Hospitals and physicians in defense of audits by third-party payers related to coding, billing and reimbursement for services
  • Medical professionals in licensing matters before the New Jersey State licensing boards
  • A hospital in connection with a government investigation of alleged fraud and abuse
  • A health care system and hospital in the acquisition of physician practices
  • A hospital’s medical staff in connection with the corrective action of a staff member, including the medical staff investigation, hearing and appeal
  • A health care system creating agreements underlying the Electronic Health Record (EHR) Donation Program
  • Hospital and registered nurses in medical malpractice claim alleging failure to monitor patient post-cardiac catheterization resulting in a massive hematoma and stroke
  • Hospitals in pursuing special medical guardianships on behalf of patients
  • Registered nurses in a medical malpractice claim alleging that they failed to recognize the signs and symptoms of an internal bleed from a lacerated vena cava in a patient following dialysis
  • A hospital in connection with a joint venture for an ambulatory surgery center
  • A physician group practice in the sale of the practice
  • A hospital in a collaboration for the establishment and operation of a wound care center
  • Registered nurses and hospital administrators in a medical malpractice claim alleging that the defendants failed to monitor a patient suffering from Guillain-Barre Syndrome, resulting in respiratory failure and severe anoxic-ischemic insult to brain, causing neurological impairment and personality disorder
  • A durable medical equipment supplier in contracting, regulatory and licensing issues
  • A supply chain management and strategic sourcing company in regulatory analysis and deal structure issues