Andrew Cooper heads the firm’s healthcare practice which includes representing a diverse cross-section of health care providers including physician groups, hospitals, physician/hospital organizations, independent practice associations, diagnostic and treatment centers, office-based and ambulatory surgery centers, often acting as General Counsel in all aspects of business operations including, but not limited to, transactions, employment, human resources, and litigation matters.
Our responsibilities include consulting, legal representation and risk management with regard to a wide variety of issues including fraud and abuse (Stark Laws, anti-kickback and self-referrals), structuring business relationships, formation of Article 28 (Certificate of Need) facilities, Management and Shareholder Agreements, professional practice sales and health care reorganizations, as well as in other related matters. Our lawyers are intimately familiar with all aspects of the CON licensure process under Article 28 of the NYS Public Health Law including preparation and support of applications themselves, as well as post-approval/pre-opening compliance having success-fully guided numerous clients through this rigorous process. We have also represented clients in regulatory, licensure and administrative matters before OPMC, OPD and OMIG.
While we are experienced transactional healthcare lawyers, we have also developed additional expertise in the unique laws, regulations, risks and market pressures affecting health care companies. In particular, we are experienced in structuring public and private transactions and joint ventures to comply with the Federal Stark laws, the anti-kickback laws, Federal and state licensure requirements and the corporate practice of medicine doctrine.
When representing medical technology, device and pharmaceutical companies, as well as private equity and financial services firms with health care companies in their portfolios, our firm is uniquely situated by virtue of our experience and understanding of the intersection of FDA regulation, Intellectual Property law and health care regulatory issues affecting these companies.
This experience includes the evolving area of telemedicine, mobile health and social media, with an emphasis on federal and state regulatory compliance.
Lastly, we are also experienced antitrust counselors to health care companies contemplating mergers or acquisitions and have been retained to opine on antitrust matters relating to several significant hospital mergers.