The Health Care Practice of the Ezold Law Firm, P.C.
The business of health care is more complicated than it has ever been; new federal laws, insurance requirements, reduced payments for health care services and increases in costs squeeze health care practices from multiple directions. Every health care practitioner and practice will have health care, employment and business issues to resolve during the life of their practices. The legal costs of these matters can be significant.
The Ezold Law Firm, P.C. is a solution to these problems. We are a seven-attorney firm with attorneys licensed in Pennsylvania, New Jersey and Delaware, with a sophisticated practice in health care, employment and business law. The firm advises health care practitioners on health law, employment and business matters; negotiates and drafts contracts; provides analyses of complex Stark and Anti-Kickback issues; creates, merges and winds up health care practices; acts as a liaison between the client and state departments of health for regulatory matters; defends practitioners before hospital and state boards; defends and prosecutes litigation on behalf of our clients; and provides the necessary tax advice to maximize our clients’ profits.
The breadth of services provided by the Ezold Law Firm, P.C. is normally found in larger firms, with larger overhead and higher fee structures. We believe that the health care industry should not pay inflated fees for large numbers of attorneys working on matters. We are able to provide the necessary expertise and staffing on client matters without the high overhead costs of larger law firms. We provide cost-effective solutions to our health care clients’ legal needs at a more affordable price because we believe that cost-effective solutions lead to stronger clients who can use their capital to grow and thrive. Simply put, stronger clients are long-term clients.
Our clients are physicians, physician groups, ambulatory surgery centers, specialty hospitals, imaging centers, dentists, nurses, chiropractors, physical therapists, non-profit groups and ancillary services providers who have health care, employment and business law issues arising out of state and federal law. The majority of our clients are located throughout New Jersey, Pennsylvania and Delaware, but we represent a number of clients nationwide on federal matters.
The firm’s attorneys combined have over a hundred years’ experience in health care, employment and business law. The firm’s clients encompass virtually all categories of health care providers, and our firm prides itself in offering superior legal services in the following areas:
Legal services for health care corporations and Limited Liability Companies (LLCs)
- Start up ventures and new practices: advising clients on whether to form an LLC or a professional corporation, providing legal assistance in following the corporate formalities to comply with state law, negotiating the operating documents between partners/shareholders;
- Group medical practice formation, operation and mergers, including working closely with the client's accountants to assure that the client's individual needs are met;
- Drafting and reviewing office and equipment leases and subleases;
- Forming LLCs to own real estate;
- Drafting, reviewing and negotiating employment agreements and independent contractor agreements, including providing for compensation variables, buy-in, retirement, disability and restrictive covenants;
- Corporate buy-in agreements for new practitioners and buy-out agreements for retirees or relocating practitioners;
- Legal services in making application for a Certificate of Public Review (Delaware) for those facilities and services which require a state certification;
- Joint ventures for imaging services, shared facilities and lease arrangements with other providers, in full compliance with Medicare and Medicaid law;
- Third-party payor reimbursement and prompt payment issues;
- Stark and Anti-Kickback compliance, especially with respect to imaging services, physician recruiting, fraud and abuse and physician self-referral issues; and
- HIPAA compliance and billing issues.
Health laws and regulations
In addition to our specialized practice areas, our firm advises clients on the "routine" issues that they face. For example, providers face day-to-day challenges such as co-pay waivers, contract disputes, unfair business practices by competitors, professional courtesy issues, real estate transactions, wage and hour issues (including overtime), discrimination and sexual harassment problems, internal investigations, malpractice insurance, hiring and discharging employees, suspected billing and financial irregularities, owner compensation, retirement, and succession issues.
We assist clients in understanding how federal and state healthcare regulations and laws affect them in the planning and quotidian administration of their practices and business organizations. We advise and assist clients concerning matters relating to:
- Medicare and Medicaid fraud and abuse and Anti-Kickback laws, and similar state laws;
- Compliance plan development and implementation;
- HIPAA Regulations and other federal and state privacy laws relating to medical information (we assist health care providers who are "Covered Entities" or “Business Associates" under HIPAA, drafting the required documents such as forms, notices, policies and procedures and Business Associate Agreements); and
- Negotiation of third-party payor contracts.
General business matters
The firm advises on a wide range of general business matters that health care practices may face, and has long experience with general corporate, employment, business and litigation issues, including:
- Employment matters, including wrongful termination; Fair Labor Standards Act/overtime issues and state wage and hour issues; Family Medical Leave Act issues; Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; the Equal Pay Act and state anti-discrimination and sexual harassment laws; unemployment appeals; hiring and firing; employment contracts; audits by state and federal departments of labor; and noncompetition and non-solicitation issues;
- General business matters, including corporate compliance and formation issues, mergers and acquisitions, contract drafting and negotiation, financing, real estate and insurance matters;
- Tax issues arising out of the sale or transfer of practice assets, the buy-in or buy-out of members, partners and shareholders, succession issues and tax disputes with the revenue agencies of state and federal governments;
- Partnership disputes;
- Intellectual property issues, including trademarks and copyrights as well as trade secret protection and audits;
- Corporate training and counseling on policies, procedures, hiring, firing, discipline and investigations of complaints.
In addition, our lawyers understand the complexities of clinical practice and have the depth and breadth of experience and knowledge to assist healthcare providers in that arena.