Health Care

Health care providers are challenged by the complex and evolving laws and regulations, often invasive government investigations, and complicated industry-specific operational standards to uphold, while simultaneously running a profitable, compassionate, and compliant medical practice.

The Health Care Practice Group at Pashman Stein Walder Hayden understands the ever-changing legal environment in the health care field and provides a wide range of legal services for our diverse health care clients. Our team is proactive and tireless in protecting the rights and livelihood of our clients. We do not wait for solutions to come to us; we actively seek them out, advocating for our clients at every turn.

Our health care clients include physicians, dentists, nurses, and other health care professionals, practice groups, medical societies, and facilities such as surgical centers, urgent care centers, nursing homes and other long-term care facilities, physicians’ offices, chiropractors, independent diagnostic testing facilities (IDTFs), imaging providers, laboratories, pharmacies, addiction treatment centers, and home health care agencies.

Civil and Criminal Defense

Pashman Stein Walder Hayden offers health care clients access to skilled and respected litigators who have extensive experience in civil and criminal defense. Our attorneys have represented health care professionals and entities against governmental and private adversaries and have appeared before administrative hearing boards and investigative agencies, as well as federal and state courts.

Our attorneys have handled complex cases involving a wide range of health care fraud allegations, including:

• Violations of the Anti-Kickback statute and self-referral regulations
• Improper billing and coding
• Improper use of unlicensed individuals and institutional licensing and credentialing issues
• Improper prescribing and distribution of controlled dangerous substances
• Antitrust compliance
• Fraud and abuse investigations by federal agencies, including the Office of the Inspector General of Health and Human services (OIG), Department of Justice (DOJ), Drug Enforcement Administrations (DEA), and Federal Bureau of Investigations (FBI)
• Fraud and abuse investigations by state agencies, such as departments of health (DOH), Department of Banking and Insurance (DOBI), and State Attorneys General (AG).

Regulatory and Compliance Issues

The Health Care Practice Group advises clients on compliance with health care regulations including HIPAA/HITECH, Anti-kickback Statutes, Stark Law, and respective state regulations. 

We also represent clients in investigations, audits, and refund demands by private insurance companies, Medicare, and Medicaid.

Licensing Boards and Hospital Credentialing

We represent health care professionals in professional licensure defense before licensing Boards, such as the New Jersey State Board of Medical Examiners (BME), the New Jersey State Board of Dentistry, the New Jersey State Board of Psychological Examiners, the New York Office of Professional Medical Conduct (OPMC), and the New York Office of Professional Discipline (OPD).

We also represent clients in hospital medical staff matters, credentialing issues, and hospital disciplinary actions, including hospital summary suspensions and fair hearing.

Medical Cannabis

We represent clients in the highly regulated industries of medical cannabis and cannabis-derived products, such as cannabidiol (CBD), by assisting health care professionals in navigating the complex developing laws, including those related to authorization of medical cannabis.

Health Care Transactional Matters

We provide counseling on diverse transactional matters that affect health care professionals and businesses by advising health care providers on how to deal with the constantly evolving medical marketplace. This work includes advising clients on mergers and acquisitions, various business ventures, and creative health care business arrangements. 

Health Care Practice Management Counseling

We serve as outside counsel to numerous medical practices and businesses in New Jersey and New York, as well as to many medical societies. Our practice management legal services include assisting clients in the day-to-day operation of their health care business, including employment contracts; health care regulatory compliance; operating, shareholder and vendor agreements; practice acquisitions and sales; and employee handbooks.