From regulatory issues to complex transactional and litigation matters to day-to-day business counseling, today’s healthcare industry faces a myriad of legal challenges that require the depth and breadth of a well-rounded and experienced team of professionals.  The attorneys in the Healthcare Department at Greenbaum, Rowe, Smith & Davis possess a sophisticated understanding of the unique healthcare business environment, both here in New Jersey and beyond. 

The members of the firm’s healthcare team counsel a roster of clients that includes many of New Jersey’s foremost healthcare systems, hospitals and medical facilities, medical staffs, organized delivery systems (ODSs), physician-hospital organizations (PHOs), independent practice associations (IPAs), physicians and physician group practices, physician and hospital-physician joint ventures, pharmaceutical companies, managed care organizations, home health agencies, nursing homes, healthcare industry vendors, medical device manufacturers, private equity funds, and industry-associated financial and corporate entities.  This inclusive representation has propelled the team to statewide and national prominence within the healthcare field. 

Our comprehensive healthcare practice encompasses numerous areas of focus.  The attorneys in this practice area possess the requisite targeted expertise and hands-on experience to effectively represent a broad range of healthcare industry clients across a spectrum of legal concerns.

Regulatory and Compliance

• Regulatory counseling, including compliance issues under federal Stark Law, federal and state anti-kickback laws and self-referral laws
• Federal and state regulatory approvals
• State licensure and certification issues
• State Attorney General, cy pres and Community Health Care Assets Protection Act (CHAPA) approvals
• IRS exempt organization applications
• Antitrust counseling and Hart-Scott-Rodino pre-merger filings with the Federal Trade Commissions (FTC)
• Fraud and abuse counseling
• Corporate and HIPAA compliance
• Corporate practice of medicine

Litigation

• Hospital and physician reimbursement cases
  • Medicaid, GME and other DSH subsidy reimbursement matters before the Division of Medical Assistance and Health Services, Department of Health and New Jersey Office of Administrative Law
  • Medicare reimbursement matters before the Provider Reimbursement Review Board and Federal Court
• State regulatory appeals before the New Jersey Superior Court, Appellate Division
• Antitrust litigation
• Defense of medical malpractice, professional liability, and legal ethics claims
• Representation in state and federal courts and before the Board of Medical Examiners (BME)
• Federal False Claims Act and State insurance fraud defense

Transactional

• Mergers & acquisitions and joint ventures involving hospitals, healthcare systems, independent physicians and group practices
• Multi-disciplinary due diligence and compliance reviews
• Formation and business counseling of managed care organizations and integrated delivery systems, including IDSs, ODSs, MEWAs, ACOs, PHOs, IPAs, MSOs, PPOs and HMOs
• Taxable and tax-exempt capital financing and tax counseling
• Matters concerning medical staff, including employee relations and benefits
• Private placements of securities
• Patient-related issues including consents, guardianships and treatment
• Real estate acquisitions, leasing and dispositions
• General corporate representation including the drafting and negotiation of agreements, contracts and leases
• Estate planning and administration
• Healthcare information technology

Healthcare Private Equity

• Advisors to private equity clients and portfolio companies on investment and financing activities
  • Growth investments and buy-and-build strategies
  • Control, non-control and minority investments
  • Buy-outs and recapitalizations
  • Auction processes, strategic dispositions and exit strategies
  • Bankruptcy, restructurings and workouts
• General counsel for portfolio companies
  • Advising on a range of issues, from significant transactions to day-to-day legal matters
  • Providing efficiency and continuity for platform acquisitions, bolt-on transactions, operational issues, compliance matters, sales

Of Note

“Highly impressive reputation for its representation of healthcare clients such as pharmaceutical companies, hospitals, medical staff and nursing homes.  Offers notable experience in healthcare system and hospital consolidations, as well as physician joint ventures, and offers strong tax counseling capabilities.  Also proficient at handling fraud and abuse, regulatory compliance and medical malpractice issues.” 

2019 edition of "Chambers USA" (a publication of Chambers and Partners)