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Health Care

Bernstein Shur’s Health Care Group represents physicians and other health care professionals, physician group practices and associations, joint ventures, hospitals, nursing homes, home health care agencies, mental health agencies, pharmacies, and a wide range of other health care providers throughout Maine and northern New England.

The practice comprises a multi-disciplinary group of attorneys from different areas within the law firm who all strive to meet the legal counsel, transactional, and litigation needs of our health care clients.

Agency Licensure
We provide counsel and defense regarding audits, investigations, complaints, and licensure cases concerning substance abuse treatment programs, mental health agencies, residential care facilities, nursing homes, and other agencies brought by Maine DHHS Division of Licensing and Certification and other state and federal agencies.

Business Planning and Transactions
We provide counsel and handle a wide array of business transactions related to health care practitioners, hospitals, agencies, and facilities business needs.

• Retirement communities development and planning
• Negotiation of managed care contracts and third-party payor agreements
• Practice mergers and acquisitions
• Healthcare client transactional needs
• Fraud and abuse compliance planning
• Antitrust counsel and litigation
• Certificate of Need (CON) proceedings
• Assisted living facilities
• Nursing home transactions
• Corporate structure
• Bankruptcy and workout issues
• Leasing and real estate services

Criminal Defense
We provide representation of health care practitioners, agencies, and others involving federal and state criminal investigations and prosecutions related to the provision of health care services and otherwise.

• Drug charges
• Fraud and abuse investigation and prosecution
• Other conduct related to health care services
• Other conduct not related to health care services

Employment, Pensions, and Benefits
We provide employment and labor law advice to health care practitioners and providers concerning:

• Employment policies, practices, and counseling
• Employment contracts
• Employee handbooks
• Employment litigation
• Wage and hour issues
• Sexual harassment counseling and litigation
• ERISA
• Pension, disability, and other benefits

Fraud and Abuse
We represent physicians and other health care providers, hospitals, mental health, and other agencies defend federal and state fraud and abuse audits, investigations, and legal proceedings.

Fraud and abuse counseling and compliance for:

• Physicians (individual and group practices)
• Therapists and other health care practitioners individual and group practices
• Home health agencies
• Nursing homes
• Health clinics
• Hospitals

Related services:

• Fraud and abuse investigations and defense
• Medicare and MaineCare audits, investigations, and defense
• Third-party payors investigation and defense

Legislative and Regulatory Advocacy
We provide Legislative and Regulatory counsel and lobbying services to health care agencies and provider associations.

• Legislative and agency monitoring
• Legislative and rulemaking strategy
• Legislative drafting
• Advocacy at the Maine Legislature and before Maine agencies
• Political advice and counsel

Peer Review Proceedings
We represent physicians and other providers, hospital medical staffs, and hospital administration and governing bodies in peer review investigations and proceedings, corrective action proceedings, and other credentialing matters.

• Hospital and managed care organization peer review, credentialing reviews, and corrective actions
• Hospital medical staff membership and bylaws issues
• Representation and counsel in fair hearings

Professional Licensure
We provide counsel and defense for licensure investigations and complaints by Maine and New Hampshire professional licensing boards for physicians, dentists, and other health care professionals, including:

• MDs and Dos
• Dentists
• Podiatrists
• Nurses
• Psychologists
• Social workers
• Licensed clinical professional counselors
• Alcohol and drug abuse counselors
• Pharmacies and pharmacists
• Physical therapists
• Occupational therapists
• Other Maine professional licensure boards

Representation regarding related issues:

• Investigations and subpoenas by licensure boards
• Defense of licensure complaints
• Impaired and recovering physicians and other health care practitioners
• DEA investigations and proceedings
• Medicare and Medicaid (MaineCare) audits

Risk Management and Ethics Consultation
We provide counsel and advice to health care providers, hospitals, and agencies concerning a wide range of practice issues, including:

• Confidentiality issues
• Management of patient records
• HIPAA issues
• State and federal agency investigations of physicians
• Mandatory reporting of child and elder abuse and neglect
• Subpoenas and release of confidential records
• Patient management; dealing with difficult patients
• Charting and billing issues
• Advanced directives
• Guardianship issues
• Computerization of health information
• Health professional ethics issues
• Risk management
• Medical malpractice defense
• Office systems and management counseling

Tax Counsel
We provide counsel and advice to health care practitioners, hospitals, and agencies concerning many federal and state tax issues.

• Recognition of tax-exempt status
• Tax planning
• Relationships between non-profits and for-profit entities
• Compliance with federal tax rules applicable to Section 501(c)(3) organizations
• Tax planning concerning structure and operations
• Joint ventures and other relationships between non-profit and for-profit organizations
• Private inurement, private benefit and intermediate sanctions
• Unrelated business income tax planning
• Sophisticated charitable giving techniques

• Education Law