New York City Business Law Attorneys for Accountable Care Organizations

Lawyers Helping Providers of Health Services in New York and Throughout the U.S.

Accountable care organizations, medical practices, hospitals, and other healthcare providers may face legal issues that could affect their ability to operate. If a business is not established correctly, it may not be able to scale when needed. If contract-related issues arise, important relationships with partners or vendors could be threatened. When new technology is implemented, concerns about the protection of patient information could lead to regulatory violations.

Careful planning is needed to prevent potential problems before they begin to affect an organization. With a clear structure in place, an organization can maintain clean operations while avoiding potential blind spots. At CO Health Advisory, we can help organizations:

• Maintain compliance with the regulations that apply under state and federal laws
• Put the right business structures in place to provide for future growth
• Prevent violations or other problems that could lead to financial losses

With our knowledge of business law principles and healthcare industry regulations, we can develop effective solutions that will support our clients' goals.

Business Structure

Choosing the right structure is one of the most critical decisions that healthcare organizations will make. The type of business entity selected can affect liability protection, tax obligations, governance requirements, and operational flexibility. Healthcare providers may consider various structures, including professional corporations, limited liability companies, partnerships, and nonprofit organizations.

At CO Health Advisory, we can help clients evaluate their options and select the right business structures. We can provide guidance to ensure that stakeholders understand how different structures will affect ownership arrangements, management authority, profit distribution, and personal liability. Our attorneys will prepare formation documents, including articles of incorporation or organization, operating agreements, bylaws, and shareholder agreements. We can make sure the proper state filing requirements are met, and we can provide guidance on compliance and ongoing governance obligations.

For accountable care organizations, we can address the unique structural considerations these entities face. ACOs often involve collaborations among multiple providers, and they may use participation agreements, shared savings arrangements, and governance structures involving multiple stakeholders. We help clients design frameworks that will allow for coordinated care while addressing regulatory requirements under programs such as the Medicare Shared Savings Program.

Contract Negotiation and Drafting

Healthcare providers may enter into numerous contracts that govern their business relationships. These agreements may include:

• Provider Agreements: Contracts with hospitals, health systems, or other medical facilities outlining privileges, responsibilities, and compensation arrangements.
• Payor Contracts: Agreements with insurance companies, managed care organizations, and government programs establishing reimbursement rates and service requirements.
• Vendor Agreements: Contracts with suppliers of medical equipment, pharmaceutical products, information technology systems, and other goods or services related to healthcare services.
• Professional Services Agreements: Arrangements with billing companies, consulting firms, and other service providers.
• Leases: Agreements that provide an organization with office space, medical facilities, or equipment leasing arrangements.
• Employment and Independent Contractor Agreements: Contracts defining the terms of engagement for physicians, nurses, administrative staff, and other personnel.

Each type of contract will involve specific considerations and potential risks. The lawyers at CO Health Advisory can help review, negotiate, and draft contracts, ensuring that agreements will protect the interests of health services providers. We can identify potential issues, propose modifications, and negotiate terms that will support our clients' goals.

Our attorneys will pay close attention to provisions addressing liability, indemnification, termination rights, dispute resolution, and confidentiality. We can ensure that contracts comply with applicable healthcare regulations, including prohibitions on arrangements that could constitute illegal kickbacks or fee-splitting.

Regulatory Compliance

Healthcare is one of the most heavily regulated industries in the United States. Businesses will need to meet a variety of requirements at the federal, state, and local levels. Failure to comply with regulations can result in significant penalties, the loss of licenses, exclusion from government programs, and damage to a business's reputation.

The attorneys at CO Health Advisory can help healthcare clients understand their legal requirements while helping to implement policies and procedures that will comply with regulations. We can conduct compliance audits, develop compliance programs, and help to respond to investigations by regulatory bodies. We stay current with evolving regulations and advise clients on how changes in the law may affect their operations.

Technology and Data Security

Healthcare organizations rely on technology such as electronic health records, telehealth platforms, patient portals, and data analytics tools. However, the adoption and use of technology will involve a number of legal issues, including data security and regulatory compliance.

The Health Insurance Portability and Accountability Act (HIPAA) has established standards for protecting sensitive patient health information. HIPAA governs the use and disclosure of protected health information. Violations of HIPAA through the unauthorized disclosure of patient information can result in serious penalties.

The team at CO Health Advisory advises healthcare organizations on legal issues related to technology. We can review vendor agreements for electronic health record systems, practice management software, and other technology solutions, addressing concerns related to data security, liability, and system performance. We help clients develop policies and procedures for safeguarding patient information, responding to data breaches, and complying with notification requirements under HIPAA and state law.

Strategic Business Advice

The lawyers at CO Health Advisory can serve as advisors for healthcare organizations, helping them determine the best ways to achieve their long-term objectives. We will work closely with an organization's leadership to understand their goals and provide counsel on matters such as expansion opportunities, partnership arrangements, new products and services, and risk management.

Our attorneys can provide a practical perspective informed by experience working directly with healthcare organizations across the United States. We help clients identify potential obstacles and develop action plans. Whether an organization is considering a merger with another provider, seeking to establish a new service line, or making sure it can maintain a competitive edge, we can provide clear guidance while supporting our client's ongoing success.

Employment and Workforce Matters

Healthcare organizations will need to address employment law issues that can affect their employees. These concerns may include hiring practices, employment contracts, compensation structures, employee benefits, executive compensation, workplace policies, and termination or separation procedures. Employers may need to meet industry-specific requirements, such as verifying the credentials of employees and performing background checks.

Our attorneys help healthcare clients with employment matters, working to develop policies and responding to potential legal issues. We can draft employment contracts, handbooks, and policies while addressing concerns related to confidentiality, non-compete agreements, and disciplinary procedures. We can also address concerns related to the classification of workers as employees or independent contractors.

Contact Our New York City Healthcare Business Law Attorneys

The team at CO Health Advisory can provide legal counsel for accountable care organizations and healthcare practices. We understand the challenges healthcare providers face in today's complex regulatory environment, and we can provide practical solutions to help our clients achieve their goals. Contact our New York health services business lawyers to discuss how we can help your organization achieve its business objectives while maintaining legal compliance.