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Kamensky Rubinstein Hochman & Delott, LLP has historically focused a large part of its practice in the area of health care law. We represent individual medical practitioners, associations, groups and out-patient surgical facilities in virtually every aspect of their professional and personal lives, including group formation and dissolution, contracting, Medicare and Medicaid advice, estate planning, real estate and representation regarding controversies. Active participation by our attorneys in the drafting, lobbying and development of state and federal legislation helps us keep our clients current on the constantly shifting regulatory landscape. Our attorneys are national leaders in the area of health care law; e.g., four members of our firm were designated as leading Illinois Health care Attorneys by a survey conducted by the American Research Corporation. Members of our Health Care Group have also published many articles on formation and expansion of medical groups, and issues pertaining to financial and contractual arrangements between hospitals and physicians. As a result, we are able to adapt our clients' strategies to maximize opportunities and minimize risks in the volatile health care environment.
A sample of our representation in this area includes the following:
- Structure and form health care provider organizations, including network joint ventures.
- Structure the organization and financing of ambulatory surgery centers and other ancillary service providers.
- Represent buyers, sellers and merger/affiliation partners in mergers acquisitions and similar change-of-control transactions.
- Plan and structure transactions to minimize concerns under such fraud and abuse laws as Stark II, Anti-Kickback Statute and the Illinois Healthcare Workers Self-Referral Act.
- Represent providers in negotiating services agreements and joint business transactions with hospitals.
- Address Medicare/Medicaid and other third party payor reimbursement issues.
- Represent health care professionals in proceedings by state, federal and local agencies pertaining to licensure and/or the rendering of medical and professional services.
- Represent health care professionals in hospital or medical staff proceedings for the revocation, non-renewal, termination, suspension, modification or restriction of medial staff privileges.
- Represent health care professionals in the formation of physician hospital organizations, healthcare alliances and group practices.
- Represent and consult with physicians and other professionals with respect to professional liability insurance placement and maintenance.
- Represent professionals in the purchase and sale of professional practices.
- Form and represent IPA's and similar physician controlled managed care organizations.
- Review and negotiate provider participation agreements with HMO's and other managed care organizations and prepaid health plans.
- Form physician practice management companies.
- Organize, structure and implement major medical equipment and facility acquisitions such as magnetic resonance imaging scanners, lithotripters and ambulatory surgical centers.
- Represent clients before the Illinois Health Facilities Planning Board in connection with Certificates of Exemption and Certificates of Need.
- Prepare employment, stock purchase and other professional practice agreements.
- Address tax, fraud and abuse, corporate practice of medicine, fee-splitting, 501(c)(3) and antitrust issues affecting provider business planning and regulatory compliance.
- Provide guidance on HIPAA and confidentiality issues.
- Represent professionals in the prosecution and defense of restrictive covenants and other termination related issues.
- Represent professionals in civil and criminal proceedings involving state and federal billing issues.
- Provide guidance on compliance with Medical Practice Act restrictions, such as fee-splitting.
- Advise health care clients on day-to-day patient and practice issues, including informed consent, personnel issues, confidentiality concerns and other routine corporate matters impacting the client's practice.
- Assist in e-health and health technology client issues.
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