Underberg & Kessler LLP

  • Represented a hospital in a proposed affiliation with another hospital-led health care system. Our services included a review of anti-trust, federal tax and governance aspects of the proposed affiliation. The affiliation was subsequently completed.

  • Represented a hospital in the negotiation of a multi-year reimbursement agreement with a leading health insurer.

  • Help health care providers prepare for, respond to and comply with New York State surveys. Our services included representation in matters related to enforcement proceedings.

  • Represent nursing homes in all aspects of the collections process to improve the financial health of the facilities.
  • Successfully appealed a New York State survey report to the Federal Health Care Financing Administration. The appeal resulted in a special federal survey that overturned the conclusions of the original New York State survey.
     
  • Helped a nursing home complete bond issues to finance a new facility. Our services included representation on real estate matters related to the development of the facility.

  • Helped a nursing home complete a bond issue to finance a new facility. Our services included representation on real estate matters related to the development of the facility.
  • Provide general representation on all aspects of health care law to individual practitioners and groups of physicians and dentists, including:
     
    • Establishment and operation of professional corporations or partnerships.
    • Establishment and administration of employee benefit plans.
    • Tax planning.
    • Assistance with the acquisition of medical technology and equipment.
    • Representation on reimbursement, licensing and credentialing issues.
    • Negotiation of capitated contracts with HMOs and other providers.
    • Representation of physicians with the Office of Professional Medical Conduct.
    • Contract reviews including technology, electronic medical records, employment and leases.

  • Represented a group of employed physicians in purchasing a specialty practice from its founder/long time owner.

  • Successfully reversed a denial of coverage by a third-party payer to secure coverage for life altering medical treatments for a young man whose insurance company had deemed the treatments experimental.

  • Successfully defended a nursing home against multiple claims of neglect and abuse by the son of a resident whose records showed four years of exemplarily treatment by the facility and staff members.

  • Successfully defended an alleged medical malpractice claim against a well established internist by a patient who suffered a remote but serious side effect of a medication prescribed by him to treat a chronic and serious medical condition.