WHAT WE DO

The creation and ongoing representation of medical groups, from small to hundreds of physicians. Structuring and formation of entities for the operation of medical group practices. Counseling in connection with regulatory compliance issues related to medical group formation. Development of intragroup management structures and the ongoing counseling of clients on a wide range of issues, including the planning and preparation of subcontracts and employment agreements with group physicians and other healthcare professionals, and the resolution of intragroup disputes. Design and structure of intergroup relationships among medical groups.

We counsel clients on a broad range of issues, in effect serving as outside general counsel.

Representation of highly entrepreneurial individual physicians in the creation of medical groups, healthcare facilities, ancillary services entities, and managed care entities. Representation in respect of the physicians’ relationships with hospitals and other healthcare facilities. Preparation and negotiation of employment and subcontract relationships.

Active in the representation of healthcare facilities, their owners and investors, in a wide range of projects. Projects range from the establishment of ASCs and other outpatient facilities including imaging centers, consultation in respect of service contracts, establishment and problem solving in respect of relationships with physicians, and a wide range of legal-related business issues. Mr. Weiss has a particular interest in the formation of what he terms Massive Outpatient Centers™️ (“MOCs™️”), an ASC + Aftercare + Medical Office Building + Imaging Center + Etc., a hospital without the hospital, as well as in interventional radiology ASCs, (“irASCs”) a concept that he pioneered.

Representative projects include the representation of sellers and purchasers of medical practices/groups, significant dental practices, physical therapy practices, and healthcare revenue cycle businesses. Significant experience working with potential sellers on the strategic issue of their best course of action for the future, whether a merger, an acquisition, or the pursuit of one or more alternatives.

Highly experienced in a wide range of compliance issues including federal and state anti-kickback statute compliance, federal (Stark) and state self-referral issues, HIPAA, and related concerns. Significant experience representing hospital-based physicians and physician groups in potential kickback scheme avoidance, including representation in connection with OIG advisory opinions.

Representative projects include the negotiation and drafting of exclusive contracts between physician groups and hospitals and ASCs. Sites range from small surgery centers to community hospitals to large, internationally renowned medical centers, to system-wide agreements.

Representative projects include the representation of numerous medical groups in connection with the formation of integrated delivery systems. Examples include counseling physician groups in connection with the formation of Physician/Hospital Organizations; representation in respect of increasing physician control of ACOs in formation; the representation of a group of investors/physician providers in connection with a holding company formed to provide management services for a network of physicians and hospitals; the representation of a start-up network of university and community based specialists with hospital and ancillary service provider participation; and the representation of the purchaser of a network of multiple primary care offices, a clinical laboratory, multiple imaging centers, and multiple physical therapy centers, which work continued to include the reorganization of the purchased assets and a restructuring of their operations.

Representation of medical staff departments and of department physicians in connection with a range of medical staff privilege and medical staff discipline issues.

Highly experienced in a wide range of compliance issues including federal and state anti-kickback statute compliance, federal (Stark) and state self-referral issues, HIPAA, and related concerns. Significant experience representing hospital-based physicians and physician groups in potential kickback scheme avoidance, including representation in connection with OIG advisory opinions.

Representative projects include the planning, drafting and review of organizational documents for the formation of managed care entities (IPAs, PHOs, ACOs, and similar vehicles), the negotiation of reimbursement rates, the negotiation and drafting of provider agreements, and the overall legal representation of managed care entities.

Planning and formation of management services organizations (MSOs), physician practice management companies and physician billing/business management entities. Design of entity structure and advice concerning, and documentation of, internal matters as well as the structure and implementation of the relationships between the physician management entity and the various managed entities.

Counseling of clients in connection with a broad range of business issues. Projects range from consulting regarding specific operational issues to restructuring the business operation, advice in connection with internal issues such as governance, compensation, change of ownership, providing advice in connection with alleged malpractice, general liability and directors and officers insurance matters, and the negotiation of arrangements with service providers including insurance companies, billing services and accounting firms, among others.

Representation of clients in connection with the evaluation of potential joint ventures, the negotiation of terms of alliance and the documentation of agreements.

We advise medical groups and healthcare facilities to prophylactically defend against FCA claims, and consult with litigation counsel as subject-matter experts both in connection with the prosecution of, and defense against, healthcare compliance based False Claims Act lawsuits.

Experienced in the representation of medical school academic departments and their department leaders in respect of protecting the academic mission and academic control in an increasingly profit-driven academic world.

The creation and ongoing representation of medical groups, from very small to hundreds of physicians. Structuring and formation of entities for the operation of medical group practices. Counseling in connection with regulatory compliance issues related to medical group formation. Development of intragroup management structures and the ongoing counseling of clients on a wide range of issues, including the planning and preparation of subcontracts and employment agreements with group physicians and other healthcare professionals, and the resolution of intragroup disputes. Design and structure of intergroup relationships among medical groups.

Representation of entities engaged in the provision of complementary and alternative medicine services, ranging from international companies providing training designed to alleviate physical and mental conditions to entities operating multi-disciplinary wellness centers.

Advising clients in connection with the duties and responsibilities of directors, officers, managing partners, and managing members. Counseling in connection with the distribution of rights and responsibilities for governance of business entities.

Advising clients in connection with the duties and responsibilities of directors, officers, managing partners, and managing members. Counseling in connection with the distribution of rights and responsibilities for governance of business entities.

Representation of tax-exempt entities involved in the active conduct of medical research and education. Representation of teaching hospital medical staff departments in connection with business and regulatory issues related to residency programs.