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Health Care Law
The field of health care law is comparatively young. There are
only a handful of law firms that can claim to limit their practice
to this discipline, and even fewer that have existed almost
as long as the discipline itself. Wade, Goldstein, Landau &
Abruzzo, P.C. is one of those firms. The extensive experience
and capabilities of Wade Goldstein Landau & Abruzzo in handling
the complex legal and business issues facing today's health
care providers and organizations has been recognized by national
and regional professional and specialty associations through
regular invitations to address groups and publish articles.
The Firm represents hundreds of physicians
and non-physician health care professionals in traditional
and non-traditional groups, a broad range of physician and
hospital networks, integrated delivery systems, large medical
organizations and commercial health care companies on issues
particular to these entities including reimbursement, antitrust,
fraud and abuse, securities, pension and tax matters. The
Firm also counsels its clients on properly structuring practices
and the relationships among the providers, and guiding those
practices to effectively compete within the managed care environment.
This includes the development and operation of managed care
organizations and other emerging practice forms as well as
drafting and negotiating the complex documentation required
for the effective operation of such entities.
The Firm also assists physicians in adding in-office
ancillary services, such as clinical laboratory, physical
therapy, ultrasound, x-ray and other imaging services, to
their practices to create economies of scale, allow for greater
control over the delivery process and potentially enhance
revenue streams. In developing these services, the Firm’s
attorneys will give careful consideration to complying with
Medicare and Medicaid physician supervision requirements,
locations where the services can be provided, related equipment
leases, and adherence to applicable federal and state anti-referral
and fraud and abuse laws.
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Corporate
and Business Law
Because the Firm's attorneys possess an extensive understanding
of and insight into the dynamic health care industry as well
as general corporate and business law, Wade Goldstein Landau
& Abruzzo is able to assist clients on a myriad of transactional
and regulatory matters encountered by health care professionals
and their practices in the "business of medicine".
The Firm counsels clients regarding practice formations, acquisitions,
mergers, consolidations and sales, providing valuable insight
as clients face the complex issues related to those transactions
such as choosing an entity, minimizing tax liability and ensuring
compliance with federal and state securities, reimbursement
and antitrust laws. The Firm's attorneys also advise clients
on the multitude of business issues their practices encounter,
such as employing and discharging professional and staff personnel;
group issues such as governance, compensation and disability;
ownership buy-ins and pay-outs; real estate and equipment
leasing; and managed care provider arrangements.
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Administrative/Regulatory
Law
The Attorneys of Wade Goldstein Landau & Abruzzo provide
valuable guidance and resources to health care clients in
regulatory and administrative law matters. The Firm advises
practitioners, suppliers and manufacturers concerning the
myriad Federal statutory and regulatory frameworks including
Medicare and Medicaid fraud and abuse, Stark laws, the Prescription
Drug Marketing Act, and HIPAA, as well as similar state laws
and related ethical guidelines. Further, the Firm's attorneys
assist clients in evaluating the applicability of such laws
and regulations to their present business transactions and
in structuring new business arrangements to comply with these
laws. The Firm's attorneys also answer client questions related
to billing and reimbursement issues and responding to requests
for information and subpoenas from various judicial, governmental
and regulatory bodies. In the area of securities and antitrust
law, clients are provided guidance on issues raised by proposed
mergers, physician networks and other organizations.
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Employment Law
As an adjunct to its corporate law practice, the Firm counsels
clients in a variety of personnel and employment matters relating
to professional, executive, administrative and other office
employees. An important aspect of the Firm's practice is advising
clients on personnel policies and developing policy manuals
which protect corporate interests and limit liability. Attorneys
of Wade Goldstein Landau & Abruzzo provide timely and
responsive advice on day-to-day employment law matters. Such
matters include hiring, firing, overtime issues and sexual
harassment, as well as those arising with respect to compliance
with various federal and state discrimination laws, including
Family and Medical Leave Act and the Americans With Disabilities
Act. Unique to the health care industry are issues related
to the departure of owner-physicians and separation of other
physician employees. In these situations, the Firm drafts
and negotiates termination and separation agreements, and
provides guidance on various restrictive covenant issues and
related contractual disputes.
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Estate Planning and
Estate and Trust Administration
The Firm provides estate planning services—analysis
of the appropriate estate plan—whether that involves
the preparation of relatively simple wills, powers of attorney
and living wills, or whether more complex planning is required.
The latter may involve an analysis of possible federal estate,
gift and generation skipping tax liability and the preparation
of, as appropriate, marital and by-pass trusts, annual and
other gifts, life-time trusts, charitable trusts and the like.
The Firm also assists in the administration of decedent’s
estates—the “probate” process, from initial
probate to filing of the appropriate inheritance tax returns,
federal estate tax returns, fiduciary income tax returns and
fiduciary accountings.
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Services
to Non-profit Organizations
In connection with its work in the health
care arena, the firm provides legal advice on a broad array
of matters affecting non-profit entities. The attorneys of
Wade, Goldstein, Landau and Abruzzo have extensive experience
providing guidance to non-profits on corporate structure and
governance, service delivery risk management, insurance and
human resources matters. Non-profit sectors served by the
firm’s attorneys include foundations, services to children
and youth, workforce development programs, low income housing
projects and health care organizations.
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