Health Law

With one of the largest health care practices in New York State, Abrams Fensterman represents over 150 nursing homes, in excess of one thousand physicians, medical societies, ambulatory surgery centers, diagnostic and treatment centers, hospitals,imaging facilities, and other health care providers in a variety of complex health care related matters. Our health care lawyers understand the demands of the market and have broad legal experience with a wide range of issues facing our valued clients, including:

• Admission, treatment and discharge of patients
• ACS placement issues
• Advanced directives, health care proxies/treatment decisions
• Affiliation and network agreements
• Ancillary provider agreements
• Assisted outpatient treatment orders
• Business formation, corporate law and entity selection
• Business and corporate transactions
• Buy-sell agreements
• Certificate of Need Applications
• Contract negotiation, contract enforcement and litigation
• Corporate compliance programs/internal investigations
• Employment, shareholder and partnership agreements
• Fraud and abuse investigations
• HIPAA compliance
• Managed care agreements
• Mental health
• Mergers and acquisitions
• OPMC investigations and actions
• Regulatory compliance, licensing and administrative law
• Stark and anti-kickback issues
• Survey certification and enforcement
• Transfer agreements
• Treatment over objection hearings, psychiatric/medical
• Voluntary/involuntary hospitalization and retention matters

Our clients are our top priority and we consistently strive to provide the best possible representation, value-added service and a comprehensive and creative team approach to every client matter.

Health care providers facing difficult treatment decisions regularly seek guidance from our health law attorneys, who are well versed in the area of medical decision-making. Our attorneys are available to attend ethics committee meetings and interpret advanced medical directives.

Our practice group guides health care providers through the New York State Department of Health's Certificate of Need process, as well as the Department's survey process. When issues of compliance arise, our attorneys work with providers to develop plans of correction and represent the providers through the Informal Dispute Resolution process. For further information about the attorneys at Abrams Fensterman please contact us today.

Solo and group practitioners have chosen Abrams Fensterman when seeking representation before the Department of Health and OPMC, implementing a corporate compliance program, acquiring or selling a medical practice, negotiating a managed care agreement, entering into a joint venture, partnership or employment agreement, or forming a provider organization.

New York has a strong disciplinary system for physicians and their assistants. The state Office of Professional Medical Conduct (the OPMC) is responsible for investigating complaints by misconduct filed by patients and other individuals. The OPMC staffs the Board of Professional Medical Conduct, which adjudicates disciplinary hearings concerning alleged misconduct brought before it by the OPMC. The OPMC oversees the consequences of decisions by the Board against health care professionals, including temporary license actions, probation, and re-entry into practice following probation. The OPMC’s activities are open to public scrutiny, and can take months to resolve, particularly if a hearing is indicated. The consequences are severe, and they are completely separate from any parallel medical malpractice claim that the complainant may bring in civil court.

OPMC investigations are serious, and should not be dismissed or ignored. Our health law group of attorneys represents physicians and physicians’ assistants who are under investigation or who are facing a Board hearing.  These attorneys have experience representing the interests of health care professionals in a variety of settings, including disciplinary proceedings brought by the OPMC and heard by the Board. Professionals have rights in OPMC proceedings, and it is critical to have knowledgeable representation at every step of the process to vindicate those rights and to preserve professional licenses and status.

Physicians and physicians’ assistants choose Abrams Fensterman when facing OPMC proceedings for our experience, our knowledge, and our commitment to health care professionals. Contact Abrams Fensterman to discuss your OPMC concerns with a member of our health law group.