Areas of Practice


HEALTH CARE

Over the last 37 years, the Health Care Practice at Whiteman Osterman & Hanna has represented health care providers extensively, typically serving in the unique position of both trusted legal counsel and business adviser. We have been fortunate in our timing of the formation and growth of the Health Care Practice. Our substantive legal expertise has developed in parallel with the evolution of health care law and regulation in New York State. Over more than three decades, we have developed an unsurpassed familiarity and understanding of the governmental process related to the regulation of health care providers and health care service delivery and have maintained ongoing contact with the people who make the laws governing, and who regulate, the health care service delivery system across the state.


Among the clients we have represented are:

  • General and teaching hospitals
  • Health maintenance organizations and health insurers
  • Certified and licensed home health agencies
  • Long-term and subacute care facilities
  • Rehabilitation facilities
  • Psychiatric hospitals
  • Home infusion service providers
  • Renal dialysis service providers
  • Single- and multi-specialty physician practices
  • Pharmaceutical manufacturers
  • Medical equipment manufacturers and distributors
  • Health Care-related associations

Our representation of these clients has included:

  • Strategic planning, counsel and advocacy relating to joint ventures, business and network development; asset acquisitions and mergers.
  • Counsel and advocacy with respect to federal and State regulatory matters including operational and patient care issues; health planning; reimbursement and rate setting; Medicare/Medicaid issues (fraud and abuse, Stark issues).
  • Negotiation of consolidation, affiliation, physician employment, participating provider, real estate acquisition and other agreements between and among health care providers and between providers and payors.
  • Participation in all aspects of health planning; certificate of need; project financing (loan restructuring, workouts, bankruptcy).
  • Litigation relating to certificate of need, withdrawal of treatment, reimbursement, insurance coverage, labor and employment and professional licensure and conduct issues.
  • Health care fraud prevention and civil and criminal defense.
  • Legislative and regulatory representation before the New York State Legislature and key state agencies.

We are proud and privileged to work closely on health care issues with the leaders, members and key staff of both houses of the State Legislature; with the Commissioner of Health and senior staff of the Department of Health; and with the Superintendent and principal Deputy Superintendents of the State Department of Financial Services, among a host of State officials with whom our clients’ needs have required that we have direct and continuing contact.

We have been involved in some of the most substantial and complex health care business transactions that have taken place in New York in the last decade, many of which have broken new ground in New York’s heavily regulated health care environment. The stature of our clients and the nature and scope of our work for them are testament to our leadership among health care practitioners, not just in New York but across the entire Northeast.

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