Pragmatic, responsive, sophisticated

Supporting the development of telehealth, telemedicine and healthcare information systems.Negotiating agreements between healthcare technology providers and healthcare organizations nationwide, Chuhak & Tecson attorneys help clients address both the business and regulatory dimensions of digital health transactions and data privacy agreements. We advise both technology companies and healthcare providers on a range of digital health and data privacy matters, including:

• Health data protection
• Data privacy risk assessment
• Emerging digital health services, including telehealth.
• Vendor contracting
• Regulatory compliance matters related to digital health models and services.

Advising on all aspects of healthcare mergers & acquisitions.Our Health Law Team represents providers across the healthcare spectrum on transactions involving mergers and acquisitions, which includes affiliations of nonprofit healthcare providers, sales of healthcare providers to private equity firms or other strategic partners and acquisitions of healthcare providers. We advise on:

• Transactions involving physician practices, CCRCs, lifeplan and senior care facilities, hospitals and other healthcare providers. We are involved with all aspects of negotiation of letters of intent, conduct of due diligence, negotiation of definitive agreements and closing of the transactions.
• Governance issues relative affiliations, including reserved powers and structuring such governance to be compliant with applicable regulatory requirements.
• Regulatory issues related to change of ownership requirements as well as any other required regulatory filings in connection with a transaction.  Our Health Law Team is also skilled at navigating both federal, state and private payor requirement in connection with a change of ownership or control.

Addressing the full range of issues that govern regulatory compliance and reimbursement. We understand the universe of operational challenges facing healthcare entities, and we provide practical advice on navigating the vast expanse of federal and state laws and regulations governing healthcare providers. We advise on:

• Compliance with Medicare fraud and abuse and Stark requirements, including identifying potential risk areas to avoid potential future compliance issues, crafting and implementing compliance strategies and structuring transactions to minimize potential legal exposure.
• HIPAA regulatory compliance, including ensuring appropriate safeguards and policies to protect the privacy, portability, electronic transmission and security of patient protected health information.

Navigating change and enhancing patient care.We understand the business, organizational and regulatory issues that hospitals and health systems face every day, and we work to bring practical solutions to even the most complex legal and business problems. We advise on:

• Affiliation agreements, including regulatory issues which arise in the context of joint ventures.
• Executive compensation, including compliance with IRS requirements related to the reasonableness of compensation for executives of 501(c)(3) entities.
• Litigation and dispute resolution, including managed-care litigation against national private carriers, defense of employment discrimination claims, litigation related to physician privileges, and general commercial litigation.
• Governance, including review and analysis of board governance issues and medical staff bylaws.
• Physician recruitment, including compliance with the Stark and Internal Revenue Service requirements related to physician recruitment.

Solving the everyday problems facing long-term care and senior housing providers. We have extensive experience working with the full range of lifeplan communities and service providers, including skilled nursing facilities, home health and hospice providers, assisted and independent living facilities, and continuing care retirement communities (CCRCs). We advise on:

• Regulatory compliance, including fraud and abuse compliance and responding to audits by regulators.
• Strategic governance compliance plans
• Contract negotiation, including vendor, service and employment contracts.
• Tax-exempt bond financing, including assisting with official statements for publicly offered debt, offering memoranda for bank-qualified financing, negotiation of bond documents, due diligence for bond financing, and negotiating lines of credit, letters of credit and real estate financing directly from banks.
• Litigation and dispute resolution

A one-stop shop for individual practitioners and physician groups. Most of the physicians and physician groups we work with have no in-house counsel, so we routinely advise on both strategic as well as day-to-day operational issues. Our physician and physician group clients rely on our business and legal advice concerning:

• Employment issues, including preparing employment agreements, advising on noncompetition restrictions and developing deferred compensation arrangements.
• Litigation, including litigation related to physician relationships, employment agreements and general commercial litigation.
• Retirement planning, including advising on the design and implementation of retirement plans and advising individuals on income tax treatment and estate tax planning.