The Nan Gallagher Law Group routinely assists healthcare professional in making the decision to form a business and entity, electing the appropriate form, and in the actual entity formation, including professional corporations, professional partnerships, limited liability companies, and nonprofit entities, such as mutual benefit and cooperative corporations. We have assisted countless practitioners in starting-up their own practices or adding on new partners and associates through intricate planning and contracting.
Although some of the considerations as to the optimal form of business ownership are common across industries (including the size and scope of the business, the anticipated management and ownership structure, and tax considerations), healthcare presents certain unique entity formation requirements. For example, both Federal and State law limit the extent to which physicians and non-physicians can co-own businesses. Similarly, New Jersey law restricts the types of entities, which certain kinds of healthcare providers are permitted by law to operate.
In addition to initial formation, The Nan Gallagher Law Group also assists providers with ongoing oversight of and compliance with their corporate form. It is not enough to make the correct initial selection as to entity type; it is also important to maintain good and well-organized corporate records.
The Nan Gallagher Law Group regularly advises and assists management companies in the preparation and negotiation of management services agreements. We provide regulatory counsel to structure the management arrangement taking into account the complex regulatory scheme under federal and New Jersey and New York state laws and regulations. We assist healthcare providers in completing complex licensure, Medicare and Medicaid certification applications that are required under state and federal law.
The Nan Gallagher Law Group routinely assists healthcare clients with the review, negotiation, and drafting of a wide variety of healthcare employment agreements. Healthcare employment agreements often involve unique legal issues that are distinct from ordinary employment contracts. We protect clients by drafting employment agreements that minimize risk for our clients while strengthening their market position and protecting them to the fullest extent possible.
The Nan Gallagher Law Group has significant experience handling medical and other healthcare practice purchases and sales. For physicians and others buying or selling a medical practice, the preparation of a comprehensive agreement is essential. We draw upon significant experience in understanding the issues and risks for buyers and sellers alike. We work to ensure that transfers of ownership not only comply with the law, but protect our clients’ interests, whether buying or selling.
The Nan Gallagher Law Group also assists clients with related transactions involving ancillary service contracts and agreements with management entities. Our extensive familiarity with Stark, Anti-Kickback, and State-specific regulatory issues enables us to offer more nuanced and superior advice in this area.
The Nan Gallagher Law Group often represents healthcare employers and employees with respect to claims of wrongful termination, breach of employment contracts, harassment, hostile work environment, whistleblower and retaliation complaints, race discrimination, national origin discrimination, sex discrimination, disability discrimination and age discrimination. It is our mantra to offer sound and reasonably priced counseling services on all matters, especially employment ones, on complex and confusing employment and labor concepts so as to avoid potential liability later.
The Nan Gallagher Law Group’s litigators have successfully defended RICO and False Claims Act lawsuits against healthcare providers. The firm has successfully represented defendants in complex RICO and False Claims Act litigations. Moreover, we are poised and prepared to file Qui Tam litigations following a careful cost-benefit and risk management analysis on behalf of our clientele.
The Nan Gallagher Law Group zealously represents providers and healthcare entities in disputes involving the termination of provider contracts. We also have established open lines of communication with Medicare, Medicaid and commercial insurance carriers, which allows for intricate and successful negotiation of provider contracts and fees for services.
The Nan Gallagher Law Group regularly represents healthcare providers in healthcare business disputes and business litigation. Drawing on our deep knowledge and understanding of healthcare compliance and regulatory issues, our team of experienced trial lawyers has represented individual providers, medical groups, facilities, and other entities in civil disputes across a wide range of business issues. Our business lawyers deftly handle negotiations as well as business litigation in healthcare-related business disputes. We also have successfully enforced and disputes restrictive covenants on behalf of healthcare practitioners.