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Certificate of Public Need (COPN) Review 

  • Successfully representing hospitals, nursing facilities, cancer centers, outpatient diagnostic facilities, surgery centers, continuing care retirement communities, equipment providers, and physician groups through the COPN process
  • Obtaining COPN approval for nursing facility replacements, involving transfers of ownership
  • Drafting COPN applications & presentations
  • Representing providers before the Virginia Department of Health and in state court appeals
  • Project scope ranging from new hospitals to mobile equipment vendors

Medicare & Medicaid Appeal Issues 

  • Advising hospitals and other providers on reimbursement implications of various services and proposed actions
  • Preparing Medicare & Medicaid enrollment forms and obtaining certification
  • Representing nursing facilities and other providers in Medicare, Medicaid, TRICARE, Anthem, and other payor disputes
  • Resolving mixed issues of facility licensure, certification, and reimbursement, such as assisting nursing facilities, assisted living facilities, and other residential treatment facilities with challenges to licensure deficiencies and payment reductions at the agency or administrative law judge level
  • Appearing in court on licensing, certification, and reimbursement appeals, and collection issues

Regulatory Compliance

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  • Advising hospitals, nursing facilities, other residential facilities, and individual practitioners on OIG self-disclosure requirements, regulatory investigations, and corporate integrity programs
  • Conducting facility compliance audits and trainings for Boards of Directors and staff
  • Developing and reviewing facility contracts, purchase agreements, facility policies, and procedures for regulatory compliance

Health Regulatory Board Representation & Licensing Issues

  • Preparing health professionals for Board appearances and court appeals
  • Advising Board licensees on investigations and compliance issues
  • Assisting facility licensees address quality of care, staffing, and management deficiencies, and retain licenses held with the Virginia Departments of Health, Mental Health, Mental Retardation and Substance Abuse Services, and Social Services.
  • Representing facility licensees in investigations and litigation brought by state and federal agencies
  • Responding to proposed or actual delicensure of facilities

Transactional Issues

  • Preparing necessary change of ownership documents for mergers and acquisitions and negotiating related agreements
  • Guiding commercial transactions (preparing contracts, deeds, and closing documents)
  • Reviewing financing documents and preparing necessary opinion letters
  • Advising hospitals and physicians on joint ventures, operating agreements, contracts, and related regulatory compliance issues (anti-kickback, Stark, tax, etc.)

Day-to-Day Operations & Policy Review

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Advising clients on the following representative matters & policies:

  • Advance Directive/Consent
  • EMTALA
  • HIPAA and Medical Records
  • Admission/Discharge
  • Risk Management
  • Corporate Bylaws
  • Document Retention & Organization

Medical Staff & Peer Review

  • Participating in peer review proceedings before ad hoc hearing committees
  • Organizing documents and preparing peer review findings
  • Advising on bylaw issues & revisions
  • Drafting model bylaws
  • Representing physicians and hospitals in Medicare Quality Improvement Organization proceedings & necessary appeals