Health Care

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.

The Health Information Technology for Economic and Clinical Health Act (HITECH) extends HIPAA privacy and security requirements and subjects all business associates directly to civil and criminal penalties. Our experience allows us to provide a wide variety of HIPAA and HITECH compliance counsel and advice regarding:

• Notice of Privacy Practices;
• Privacy Policies and Procedures;
• Breach Notification Compliance; and
• Business Associate Agreements.

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.