Health Care

We possess substantial experience advising clients on responding to draft audit reports and fighting disallowances. We advise hospital clients in addressing third-party reimbursement and billing errors. We assist hospital, nursing home, and ambulatory care clients with developing and implementing audits involving third-party reimbursement. We have worked with numerous clients on audits, assisted them in repaying overpayments, and advised them on questions of reporting misconduct to the OIG. We have also represented clients in OIG audits.

The attorneys of our practice group have also drafted numerous self-disclosures for health care clients, including hospitals, physician practices, and OPWDD/OMH facilities/organizations. We have experience in all aspects of submitting self-disclosures for situations including practices not meeting billing or documentation standards for claims and thus violating the FCA, Stark violations for excessive physician compensation, payment of program dollars to excluded individuals, as well as others. 

Our team of litigators has extensive experience in handling commercial litigation before federal and state courts and administrative tribunals, including breach of contract matters, construction litigation claims, unfair competition and antitrust claims, patent, trademark and trade secret matters, insurance coverage disputes, and tax, land use and regulatory matters. Because of the firm’s size and resources, Our litigators are able to respond promptly, whether affirmatively or defensively, to the demands for preliminary court action that frequently are asserted in commercial litigation, such as temporary restraining orders, preliminary injunctions, and other ex parte requests.

Our litigators are also experienced and skilled in alternative dispute resolution, counseling, and settlement, and recognize that these approaches often are desirable and in the clients’ best interests.

Our health care attorneys routinely provide compliance advice and services to our clients, including policy development, contract review, advice about fraud and abuse laws, response to government audits and investigations, qui tam litigation, self-reporting of overpayments to federal and state health care programs, and reimbursement issues. Our health care practice also has tremendous depth in government relations. Attorneys in the Albany office interact regularly with state agencies on behalf of our clients, including the New York State Attorney General’s Office and the Department of Health.

Our clients also rely on us for representation in emerging but critical areas of social service and health care delivery as they grapple with the major transitions underway in the health care delivery system. Specifically, we advise our clients about quality of care and patient safety issues, telemedicine and telehealth, and new care delivery and reimbursement models. We are one of the leading providers of legal services to build the integrated delivery systems mandated by DSRIP. 

Managed care is becoming more and more prevalent in today’s health care marketplace and Bond attorneys are routinely involved in the preparation and negotiation of managed care contracts. We have experience in the formation of managed care entities, representing an entity that acquired two lines of HMO business, obtained regulatory approvals from the Department of Health and the Department of Financial Services, formed a new HMO, and acted as its general counsel until it was taken over by another HMO. We are regularly reviewing managed care contracts for long term care providers. We recently played a key role in the development of the Health Department’s model managed care contract for the Consumer Directed Personal Assistance Program.

We also advise clients on how to create integrated delivery systems among various providers to achieve business objectives while meeting all legal requirements.

Our attorneys are also experienced in drafting, negotiating, and, if necessary, enforcing contracts with third party vendors. We also regularly provide counsel on choice of entity decisions, buy-sell agreements, corporate governance, and bylaws.

Bond attorneys have a great deal of experience with respect to the varied and complex issues that arise when beginning a company or forming a spin-off. We advise both commercial entities and not-for-profit entities in connection with the founding and operation of separate business enterprises for the exploitation of unique technology or product lines. Bond attorneys also have extensive experience in negotiating technology licensing agreement with start-up companies or for start-up companies.

We assist health care providers across the continuum of care to tackle the issues presented by the major transition underway in health care delivery, focusing on the legal and strategic challenges posed by new care delivery models - governance, corporate transactions, value-based payment and health care quality, corporate compliance, data privacy, cybersecurity, complex contractual relationships, and federal and state health care reform.

We represent leading entities and participating providers in the Delivery System Reform Incentive Payment Program (DSRIP). We assist our clients in identifying and implementing strategies to achieve their business goals and manage the demands of regulatory oversight and compliance.

Numerous attorneys in our firm have a great deal of experience in fraud and abuse matters. Our attorneys have defended against false claims act allegations in both state and federal courts and have represented corporate providers in grand jury and criminal investigations.

We have advised numerous health care clients on the establishment and implementation of compliance plans, and in the application of the fraud and abuse laws both in the structuring of transactions, and when those laws might have been breached.  

We have also prepared clients for audits, defended clients through audits, and successfully challenged the results of those audits. We have guided clients through self-disclosures. We have conducted internal investigations for clients. We have successfully defended clients in qui tam actions, and in both state and federal enforcement actions.

Our health care practice has tremendous depth in government relations. Attorneys in our Albany office interact regularly with state agencies on behalf of our clients, including the New York State Attorney General’s Office and the Department of Health.

We assist many health care institutions and practices with implementation of HIPAA, and our health care clients regularly seek our advice on nuances of ongoing HIPAA compliance. Our attorneys lecture on HIPAA and HITECH issues and have provided training to clients on these issues. We have also advised clients on the development and implementation of their HIPAA compliance plans. HIPAA questions are a frequent occurrence for health care providers. Our attorneys often find themselves answering our clients’ questions in these areas.

Our multi-disciplinary group also has experience with counseling clients on compliance with federal and state privacy laws, including FERPA and the Gramm-Leach-Bliley Act, as well as federal and state data breach notification laws and HIPAA. The members of the practice also assist clients in navigating cyber threats and on-going challenges by:

• Developing tailored policies and guidelines for client cyber governance, data breach preparedness, and compliance with federal and state notification and accountability laws;
• Advising clients of potential and actual liabilities for data breaches, security failures, and counteroffensive measures; and
• Assessing clients’ vulnerabilities and risks, auditing existing incident response plans, procedures and protocols, and recommending improvements.

As part of our client commitment, we keep pace with rapidly changing immigration laws and growing customer expectations by locating ourselves at the constantly expanding frontier of immigration laws. In this regard, we integrate and utilize advanced office technology into our daily operations for document creation, client case management, communication and internal coordination. This allows us to successfully manage client case work that ranges from a brief, simple process to a long-term complex case.

Our immigration attorneys regularly advise, prepare and submit nonimmigrant (temporary) petitions and employment-based immigrant (permanent) petitions on behalf of clients. Our immigration attorneys also assist in the preparation and counseling of nonimmigrant petitions for dependents of staff, as needed and as deemed appropriate by our clients. In addition, we have counseled our clients regarding proper visa selection options for employees and prospective employees, I-9 compliance issues, and applicable government procedures and pitfalls related to employing foreign nationals.

Bond labor and employment law department has represented institutional health care employers in:

• Drafting and reviewing personnel policies
• Employment discrimination
• Labor relations
• Government regulation
• Management training and counseling
• Responding to union organizing attempts
• Contract negotiations
• Employment law litigation
• Drafting and evaluating individual employment contracts

Bond lawyers have provided our clients with consultative services and advice, as well as direct participatory services in areas such as:

• Advising clients on issues presented by reorganizing, reengineering, downsizing and restructuring the workforce
• Preventive personnel practices, including analyses of problem areas, determination of policies and practices
• Preparation for contract negotiations with labor organizations
• Labor negotiations, including determination of objectives and strategies, effective use of mediation, current negotiation trends, court and arbitration decisions
• Processing grievances at any stage of the grievance procedure, including arbitration
• Representation in proceedings before governmental and administrative agencies, including OSHA, EEOC, State Division of Human Rights, Federal and State Wage and Hour Divisions, NLRB, etc.
• Orientation and instruction of administrative personnel regarding personnel practices, governmental regulation, contractual obligations and procedures, grievance handling, personnel management and evaluation
• Personnel administration affecting union and non-union employees
• Preparation of policy and procedures for supervisors including related forms to facilitate record keeping and maintain personnel programs and practices
• A full range of litigation services before juries and judges in state and federal courts
• Advising clients of the labor and employment implications involved in a merger, consolidation or successorship situation

We are frequently asked to counsel our healthcare clients on the best and proper interpretation of policies and contract clauses under unusual and unforeseen circumstances. This effort is neither mechanical nor scientific, but rather, requires a broad base of work in the human resource/management field, and creativity and familiarity with the client’s mission and strategic objectives.

Our attorneys are regularly involved in Medicaid issues. Besides compliance issues, audits and investigations, Medicaid issues arise in a number of ways, such as coverage, eligibility, exclusion lists and reasonable costs. The lawyers of our health care group have years of experience advising clients in these areas. Our attorneys also have extensive experience representing clients in Medicaid rate appeals and in defending clients in fraud and abuse investigations.

Our attorneys are regularly involved in Medicare issues. Besides compliance issues, audits and investigations, Medicare issues arise in a number of ways, such as coverage, eligibility, exclusion lists and reasonable costs. Medicare rules can relate to discharge and to judgments regarding patient decision-making. The lawyers of our health care group have years of experience advising clients in these areas. 

Our lawyers routinely work with health care clients undergoing organizational change to ensure compliance throughout the process, regardless of whether the change involves a merger, stock acquisition, assets transfer, alliance, relocation, bankruptcy, or any of the other contexts in which organizational changes routinely occur. 

We have advised and guided clients in the health care sector on numerous transactions including the purchase of physician practices and the merger of a not-for-profit community hospital with a State-operated academic medical center. We also have extensive experience in tax and business structuring, including straight asset and stock sales, taxable and tax free mergers, spin offs and corporate liquidations. 

A number of our attorneys have been involved in the complex issues presented in hospital reorganizations. We have been successful in representing healthcare institutions in strategic planning and corporate reorganization matters because we listen to our clients and devise creative strategies to achieve their objectives; we never assume that the only way to achieve the client’s strategic planning objectives is by reorganizing corporate entities.

Our health care attorneys advise non-profit entities in connection with the formation and operation of separate business enterprises for the exploitation of unique technology or product lines. The formation issues for a not-for-profit organization establishing a start-up company would include advising the board of directors with respect to unrelated business income tax issues, private inurement issues, and conflict of interest issues and addressing general issues applicable to all business entities, including corporate governance, contracts, financing, raising capital and the like. 

Our attorneys are familiar with partnership tax issues that abound in the startup arena, since most companies start out as limited liability companies, which are taxed as partnerships.  We have counseled clients on ways to avoid taxing partners on the acquisition of LLC interests in exchange for services. 

Our attorneys also have experience with forming so-called “captive” Professional Corporations - professional corporations that are under the control of a 501(c)(3) organization. The captive P.C. is formed in such a way that it may carry on professional activities that the 501(c)(3) organization cannot, yet it is structured so that the 501(c)(3) organization may control the captive P.C. without jeopardizing its tax-exempt status with the IRS. 

Our attorneys have extensive experience coordinating and advising clients in the health care industry with respect to all aspects of substantial, long-term, real estate development projects. Our clients include hospitals, nursing homes, educational institutions, municipalities, agencies, office complexes, private practices and health care providers in general.

Our real estate attorneys have extensive experience handling project development financing, including industrial development revenue bonds, and other public sector financing participation and incentives, real property tax assessment review, construction contracts, architects agreements and other aspects of construction projects. In addition to handling acquisitions and sales of real property, our attorneys assist clients with other aspects of development including financing, leasing, subdivision, ground leasing, and the negotiation and drafting of easements, rights-of-way, license agreements, and comprehensive declarations of reciprocal easements and restrictive covenants.

Our attorneys have acquired years of experience in identifying third-party liability so that the proper source of payment ultimately pays for health care. We have been involved in revenue loss recovery affecting all facets of operations, including A/R assessments, financial turnaround and in developing procedures to ensure proper reimbursement from managed care organizations as the system transitions to collaborative care models of payment.

In addition, we assist hospital, nursing home, and ambulatory care clients with developing and implementing audits involving third-party reimbursement. We assist clients in repaying overpayments and advise them on questions of reporting misconduct to the OIG. We have also represented clients in OIG audits.

Our attorneys have extensive experience in tax and business structuring, including straight asset and stock sales, taxable and tax free mergers, spin offs and corporate liquidations.

We are familiar with partnership tax issues that abound in the startup arena, since most companies start out as limited liability companies, which are taxed as partnerships.  We have counseled clients on ways to avoid taxing partners on the acquisition of LLC interests in exchange for services.  

Our attorneys also have experience with forming so-called “captive” Professional Corporations - professional corporations that are under the control of a 501(c)(3) organization. The captive P.C. is formed in such a way that it may carry on professional activities that the 501(c)(3) organization cannot, yet it is structured so that the 501(c)(3) organization may control the captive P.C. without jeopardizing its tax-exempt status with the IRS. 

Our health care practice group works closely with clients who provide medical and/or behavioral health care services through electronic communications. We have assisted many clients (including hospitals, medical groups, psychological practices, and OPWDD providers) in establishing and expanding telehealth services and advise them on the ever-changing state and federal laws that govern issues of security/privacy, insurance coverage and reimbursement under Medicaid and Medicare.