Overview
Post & Schell, P.C.’s Health Care attorneys bring a multi-dimensional approach to our national representation of post-acute and long term care providers. We strive to be sensitive to the complex decisions our clients face as they balance on a daily basis the resources and needs of their institutions against the often conflicting demands of the state and federal governments. Our team is well-positioned to meet the formidable challenges posed by the current health care environment and to provide solutions that consider the interests of the client, facility residents, families, and the community.
Our attorneys possess an insider’s perspective of the complex and often confusing state and federal regulatory matrix applicable to post-acute and long-term health care providers. They have extensive experience representing governmental, proprietary, and not-for-profit post-acute and long-term care clients on matters involving a full scope of operational, regulatory, and compliance matters. Whether dealing with state agencies on what makes a skilled nursing facility’s plan of correction acceptable or advising a nursing home on who is the legal surrogate decision-maker for patient care issues, our attorneys clarify the complexity of the issues and excel in the art of communicating with all of the stakeholders in what many believe is health care’s most contentious and regulated sector.
We represent clients on both the substantive and procedural aspects of health facility regulation (e.g., licensure, Medicare and Medicaid survey and certification, quality of care, HIPAA, accreditation, payment matters, federal and state anti-kickback and fraud and abuse laws), during which we distill for clients the essentials of dealing with multiple regulatory and law enforcement agencies and coordinate an integrated response to their issues. Convinced that prevention and compliance are always the better course, our attorneys speak and write extensively to further the knowledge and understanding of our clients and professional colleagues.
Our Health Care attorneys interact on a regular basis with our Long-Term Care Litigation and Internal Investigations & White Collar Defense Practice Groups. These practice disciplines frequently come into play during the pendency of ongoing litigation or regulatory investigations. Our team routinely represents clients through the entire continuum of the most troubling and persistent regulatory, civil, and criminal exposures, including:
- Initial incident report
- Survey plan of correction
- Informal dispute resolution
- State and federal appeal
- State abuse and neglect investigations
- State and federal criminal investigations
- Compliance investigations
- Civil malpractice litigation
Working collaboratively with our regulatory and litigation attorneys, other members of our Health Care team routinely assist our post-acute and long-term care clients in areas such as:
- HIPAA advice
- Transactional representation
- Contract reviews and drafting
- Managed care negotiations
- Collection assistance
- Labor, employment, and employee relations representation.
Our collective experience brings together a group of attorneys well-situated to evaluate the breadth and depth of our clients’ risks and exposures and to consider the potential ramification of actions taken in one forum upon those that may be brought in another.