transactions

  • Sheehan Health Care Group
  • Sale of 5 nursing homes and 2 hospice companies
  • The Viridian
  • 200-residential unit development, Boston, MA
  • BrandMuscle, Inc.
  • Aquisition of Saepio Technologies, Inc.

Health Care

Overview

Our attorneys assist clients in a number of areas unique to the health care industry, including regulatory matters, third party reimbursement issues, licensure matters, certificates of need and counseling in the avoidance of fraud and abuse.

We guide clients.
As the health care industry continues to change at a pace that cannot be matched by the regulatory structure, many innovations do not fit neatly into existing categories.  We rise to this challenge and guide clients, together with their partners, investors and regulators, through uncharted waters, framing the discourse in ways that simplify the implementation of innovation and benefit our clients.

We regularly advise clients, and negotiate with regulatory agencies, on questions of first impression.  We also counsel clients on legislative strategies. On behalf of our health care clients, we also routinely handle issues common to all complex corporate entities, such as mergers and acquisitions, real estate matters, financings, contract matters, joint ventures, and the range of conventional to complex tax issues generally faced by businesses and not-for-profit organizations.

We practice preventive law.
To the extent possible, we practice preventive law.  We are results-oriented and seek to insulate our clients from unnecessary litigation or regulatory action by being involved in the planning stages of new initiatives and transactions. However, litigation is sometimes unavoidable, and our litigation attorneys represent our health care clients before state and federal courts and administrative agencies on a regular basis.

Representative matters
Posternak health care attorneys have years of experience in government and private practice.  Our experience includes:

Providers

  • Negotiating and structuring the leasing, acquisition, and taxable and tax-exempt financing of health care facilities.
  • Structuring and documenting joint ventures among hospitals, physicians and other health care providers in a number of service modalities.
  • Working with hospitals to develop and implement programs to recruit needed physicians to their communities in compliance with myriad federal and state regulatory and tax law requirements.
  • Advising private equity funds investing in regional or nationwide systems of sub-acute providers.
  • Counseling providers on the avoidance of fraud and abuse and self-referrals and on the development of compliance plans.
  • Organizing physician-owned ambulatory surgical centers and representing the companies on financing, employment and management matters.

Insurers

  • Structuring a managed care plan for a major HMO and negotiating contracts with participating providers.
  • Representing a regional health insurer in joint ventures to develop (a) consumer directed health plan products and (b) national, open-access health plan products targeting companies with employees located in multiple states.

General

  • Representing debtors and secured creditors in all phases of health care bankruptcies, with particular emphasis on licensure, Medicare and Medicaid ramifications of bankruptcy.
  • Representing health care providers and insurers before various state and federal regulatory agencies on licensing, certification and reimbursement matters.
  • Counseling clients on legislative strategies involving reimbursement, licensure and other matters.
  • Counseling clients on the legal, regulatory and practical aspects of their contractual relationships with vendors, employees, physicians, payors, customers and other providers.
  • Representing hospitals, physicians and other licensed professionals in disciplinary proceedings, both under a facility’s medical staff by laws or before the licensing board.
  • Counseling clients on the sale or purchase of health care companies or lines of business, including federal, state and local tax and tax exemption issues.

Our clients include:
Hospitals and health care systems
Skilled nursing facilities and chains
Assisted living facilities
Physician group practices
Ambulance services
Diagnostic imaging centers
HMOs and other managed care organizations
Home health agencies
Durable medical equipment suppliers
Ambulatory surgical centers
Allied/health professionals
Social service agencies
Hospices
Community health centers
Clinics
Complementary health care providers

Related Services Areas

Professionals

Gerald Billow

Partner617.973.6112 fax 617.367.2315gbillow@pbl.com

Barry Mintzer

Partner617.973.6199 fax 617.722.4987bmintzer@pbl.com

Nancy Puleo

Partner617.973.6124 fax 617.722.4997npuleo@pbl.com

Ruselle Robinson

Of Counsel617.973.6286 fax 617.367.2315rrobinson@pbl.com

Jennifer Yelen

Partner617.973.6182 fax 617.722.4990jyelen@pbl.com

Publications

North Shore Hospital Seeking to Join BI, Lahey, New England Baptist Merger

Boston Business Journal, Ruselle Robinson, May 15, 2017

Hallmark Doctors to Leave Partners, Join Tufts

The Boston Globe, Ruselle Robinson, July 21, 2016

Hallmark Merger Stalled As Partners HealthCare Studies Options

The Boston Globe, Ruselle Robinson, December 7, 2015

Boston Children’s Hospital Acquires N.Y. Doctors Group

The Boston Globe, Ruselle Robinson, May 21, 2015

Consequences of a CE Shortage

NASW FOCUS, Nancy Puleo, March 2, 2015

Partners Looks to Mend Ties, Tame Costs

The Boston Globe, Ruselle Robinson, February 5, 2015

New Atrius Will Be Streamlined, Smaller

The Boston Globe, Ruselle Robinson, December 9, 2014

Location, Location, Location

NASW FOCUS, Nancy Puleo, September 30, 2014

Two Doctors Groups Leave Atrius Health

The Boston Globe, Ruselle Robinson, August 12, 2014

Lahey’s Cost-Aware Network Growing North of Boston

The Boston Globe, Ruselle Robinson, June 1, 2014

Tufts, Lowell Hospital Uniting

The Boston Globe, Ruselle Robinson, April 14, 2014

"The Sunshine Act" Blog

Ruselle W. Robinson, Ruselle Robinson, March 27, 2014

Beth Israel, Baptist Team Up on Orthopedic Care

The Boston Globe, Ruselle Robinson, February 6, 2014

Much Riding on Ruling on Partners Expansion

The Boston Globe, Ruselle Robinson, September 17, 2013

Employer Fair Share Contribution Repealed

Ruselle Robinson, July 30, 2013

Winchester Hospital, Lahey Health Plan to Link

The Boston Globe, Ruselle Robinson, June 26, 2013

Traditional Risk Concerns Could See Benefit From ACA

Healthcare Risk Management, Ruselle Robinson, March 18, 2013

Doctor Shortage Getting Worse

CNBC.com, Ruselle Robinson, March 13, 2013

Records: To Have and To Hold

NASW Focus, Nancy Puleo, February 6, 2013

Steward Reshapes Mass. Health Care Business

The Boston Globe, Ruselle Robinson, February 3, 2013

Beth Israel Deaconess plans to take over Jordan Hospital in Plymouth

The Boston Globe, Ruselle Robinson, January 24, 2013

Ask Our Attorney: Commonly Asked Questions About the Treatment of Minors

FOCUS - National Association of Social Workers (Mass. Chapter), Barry Mintzer, October 7, 2012

Doctors Group Leaves Partners for Steward

The Boston Globe, Ruselle Robinson, September 6, 2012

Patrick, Romney on opposite sides as Court upholds landmark health care law

State House News Service, Ruselle Robinson, June 28, 2012

Trends in Hospice Compliance

Ruselle Robinson, May 25, 2012

'Love' in the Time of Ethics

NASW FOCUS, Barry Mintzer, August 31, 2011

Employers and Health Care Reform

Ruselle Robinson, May 24, 2011

Ask Our Attorney: Record Keeping (Part II) When a Client Wants Access to Records

FOCUS - National Association of Social Workers (Mass. Chapter), Barry Mintzer, July 1, 2007

Ask Our Attorney: Subpoenas

FOCUS - National Association of Social Workers (Mass. Chapter), Barry Mintzer, March 1, 2007

Health Care Reform Update

Ruselle Robinson,

Thank you for your interest in our firm. Before sending us an email, we ask that you please confirm your understanding of the following information. Our Web site, www.pbl.com, is intended for general use and is not legal advice. Your email is not intended to create, and our receipt of it does not create or constitute, an attorney-client relationship. Any information that you provide to anyone at our firm cannot be considered confidential or privileged unless we agree to represent you. By sending this email, you confirm that you have read and understand this notice.

Processing email...