Regulatory and Compliance Issues

Our attorneys partner with clients to develop robust corporate compliance plans intended to prevent problems before they happen. And when issues arise, we conduct meticulous internal investigations and help clients respond appropriately to demands for information from government agencies, including grand jury subpoenas. We defend individuals and companies under criminal or civil investigation by government agencies.

We are trusted advisors who help nursing homes, assisted living facilities and more with Medicare and Medicaid reimbursement, Certificate of Need (CON) and facility licensure, change of ownership applications, resident admission agreements, arbitration agreements, HIPAA and confidentiality of medical information, False Claims Act claims, operational policies, resident hand-outs, telemedicine and professional discipline and licensing. 

Given our experience with mergers and acquisitions, we also can help with legal due diligence as well as compliance with various state and federal approval processes.

Fox attorneys have:

  • Advised clients regarding licensure applications and compliance.
  • Worked with skilled nursing facilities and assisted living providers to respond to survey deficiencies by assisting in drafting plans of correction, credible allegations of compliance and informal dispute resolution materials.
  • Advised numerous health care providers, health plans and government entities in compliance issues related to resident privacy arising under state and federal law, including HIPAA.
  • Worked closely with clients on privacy breach notification and responses to investigations by the Office of Civil Rights.
  • Provided strategic guidance regarding appropriate structures for regulatory compliance in connection with the acquisition of health care facilities.
  • Counseled providers concerning Medicare and Medicaid enrollment, revalidation and submission of change of information documents.
  • Worked with clients on self-disclosures and voluntary refunds in connection with overpayments, compensation issues and employment of excluded individuals.
  • Developed corporate compliance plans and policies.
  • Conducted compliance exit interviews.
  • Supervised compliance audits by outside consultants.
  • Drafted submissions of no review and requests of material compliance, as well as applications identifying creative solutions and resolutions to allow clients to move forward with their desired projects and proposals for CON compliance and prepare numerous exemption notice letters.
  • Counseled clients concerning and in preparation of resident admission agreements and arbitration agreements.
  • Worked closely with clients on risk management initiatives and investigations of incidents and sentinel events.
  • Served as counsel in professional discipline and licensure litigation for physicians, psychologists, nurses, speech therapists and nursing home administrators.
  • Negotiated resolution with Office of the Inspector General to put long-term care company assets into blind trust after the owner was convicted of Medicaid fraud.
  • Served as regulatory counsel to a 270-bed residential drug and alcohol treatment facility in Pennsylvania.