Health Care Law
Schenck Price’s Health Care Practice 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.
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
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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
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Alerts
April 11, 2023CMS Publishes Guidance for Providers as the COVID-19 Public Health Emergency is Expected to EndApril 3, 2023Forming and Structuring a Professional Practice in New Jersey: Avoiding Pitfalls and Regulatory RisksJanuary 6, 2023OIG Issues Advisory Opinion 22-20 Permitting Hospital Employed Nurse Practitioners to Assume Additional DutiesNov 19, 2020Office of Inspector General Issues Special Fraud Alert Warning About Company Sponsored Speaker ProgramsAug 20, 2020HHS Extends Deadline and Expands Eligibility Requirements for Provider Relief Fund ApplicationsMay 21, 2020Elective Surgeries to Resume in New JerseyApr 15, 2020CMS Increases Medicare Reimbursement for COVID-19 High-Throughput Lab Tests to Encourage Rapid TestingApr 13, 2020Beware of COVID-19 Cyber ThreatsMar 19, 2020COVID-19: Executive Order Grants Federal Government Broad Power Over Health and Medical ResourcesMay 21, 2019Can an Employer Be Held Vicariously Liable for Punitive Damages Based Solely upon an Employee's Action?May 1, 2019New Jersey Enacts Death with Dignity LawOct 18, 2017The Opioid Crisis: New Jersey Files SuitJan 13, 2017OIG Issues Advisory Opinion on Lab's Performance of Administrative Tasks for Dialysis FacilitiesMay 4, 2016New Jersey Appellate Division Clarifies Application of Privilege Under Patient Saftey ActArticles
September 28, 2022HIPAA Right of Access Initiative: No End in SightFeb 25, 2022New Year: Time to Freshen Up the Compliance PlanDec 29, 2020Medicaid MCO's Improper Use of Triage FeeDec 29, 2020OCR Proposes Modifications to HIPAA Privacy RuleOct 9, 2020Corporate Practice of Medicine in New JerseyApr 14, 2016Electronic Health Records - It's a HitNewsletters
February 2024Legal Updates for Businesses - February 2024Feb 24, 2022Legal Updates for Businesses - February 2022Apr 1, 2021Health Law Dispatch - April 2021Dec 30, 2020Health Law Dispatch - December 2020Aug 7, 2020Health Law Dispatch - August 2020Apr 7, 2020Health Law Dispatch - April 2020Dec 10, 2019Health Law Dispatch- December 2019Aug 30, 2019Health Law Dispatch - August 2019May 01, 2019Health Law Dispatch - May 2019February 01, 2019Health Law Dispatch - February 2019December 01, 2018Health Law Dispatch - December 2018October 01, 2018Health Law Dispatch - October 2018August 01, 2018Health Law Dispatch - August 2018April 01, 2018Health Law Dispatch - April 2018February 01, 2018Health Law Dispatch - February 2018December 01, 2017Health Law Dispatch - December 2017October 01, 2017Health Law Dispatch - October 2017July 01, 2017Health Law Dispatch - July 2017May 01, 2017Health Law Dispatch - May 2017March 01, 2017Health Law Dispatch - March 2017January 01, 2017Health Law Dispatch - January 2017November 01, 2016Health Law Dispatch - November 2016 -
News
August 15, 2024Seventeen Schenck Price Attorneys Named to The Best Lawyers in America and Best Lawyers: Ones to WatchApril 26, 20232022 Year in Review: Growth and AchievementFebruary 22, 2023Associates Connor Breza and Marla Buitrago Rincon Join Schenck PriceSep 19, 2022Schenck Price Welcomes Two New AssociatesOct 28, 2021Schenck Price Successfully Defends Hospital Against Managed Care Company's Audit of Maternity ClaimsSep 13, 2021"Boot Camp" for Emergency Medicine ResidentsApr 24, 2020Zoom Webinar for FDU Pharmacy SchoolMar 13, 20202020 Edition of New Jersey Super LawyersNov 15, 2019NJACP 36th Annual Statewide ConferenceOctober 01, 2017Health Law Dispatch - October 2017July 01, 2017Health Law Dispatch - July 2017May 01, 2017Health Law Dispatch - May 2017March 01, 2017Health Law Dispatch - March 2017January 01, 2017Health Law Dispatch - January 2017November 01, 2016Health Law Dispatch - November 2016Events
November 15, 2023Daniel O. Carroll and Deborah A. Cmielewski Present "Health Care Legal Issue Spotting in Agreements"July 21, 2022Cmielewski Speaks on Anatomy of a HIPAA BreachNov 16, 2021Cmielewski Speaks at NJSBA's Data Privacy SummitJun 4, 2021The Road Back: Remembering Risk Management -
Newsletters
February 2024Legal Updates for Businesses - February 2024Feb 24, 2022Legal Updates for Businesses - February 2022Apr 1, 2021Health Law Dispatch - April 2021Dec 30, 2020Health Law Dispatch - December 2020Aug 7, 2020Health Law Dispatch - August 2020Apr 7, 2020Health Law Dispatch - April 2020Dec 10, 2019Health Law Dispatch- December 2019Aug 30, 2019Health Law Dispatch - August 2019May 01, 2019Health Law Dispatch - May 2019February 01, 2019Health Law Dispatch - February 2019December 01, 2018Health Law Dispatch - December 2018October 01, 2018Health Law Dispatch - October 2018August 01, 2018Health Law Dispatch - August 2018April 01, 2018Health Law Dispatch - April 2018February 01, 2018Health Law Dispatch - February 2018December 01, 2017Health Law Dispatch - December 2017October 01, 2017Health Law Dispatch - October 2017July 01, 2017Health Law Dispatch - July 2017May 01, 2017Health Law Dispatch - May 2017March 01, 2017Health Law Dispatch - March 2017January 01, 2017Health Law Dispatch - January 2017November 01, 2016Health Law Dispatch - November 2016
