News & Media

transactions

  • JM Lafferty Associates Inc.
  • Stock redemption by Reuters Research, Inc. and sale of "IRagent" assets to Thomson Financial
  • Sheehan Health Care Group
  • Sale of 5 nursing homes and 2 hospice companies
  • BrandMuscle, Inc.
  • Merger with an affiliate of The Riverside Company

Service Areas

Health Care

Our attorneys assist clients in a number of areas unique to the health care industry, including regulatory matters, third party reimbursement issues, licensure matters, certificates of need and counseling in the avoidance of fraud and abuse.

We guide clients.
As the health care industry continues to change at a pace that cannot be matched by the regulatory structure, many innovations do not fit neatly into existing categories.  We rise to this challenge and guide clients, together with their partners, investors and regulators, through uncharted waters, framing the discourse in ways that simplify the implementation of innovation and benefit our clients.

We regularly advise clients, and negotiate with regulatory agencies, on questions of first impression.  We also counsel clients on legislative strategies. On behalf of our health care clients, we also routinely handle issues common to all complex corporate entities, such as mergers and acquisitions, real estate matters, financings, contract matters, joint ventures, and the range of conventional to complex tax issues generally faced by businesses and not-for-profit organizations.

We practice preventive law.
To the extent possible, we practice preventive law.  We are results-oriented and seek to insulate our clients from unnecessary litigation or regulatory action by being involved in the planning stages of new initiatives and transactions. However, litigation is sometimes unavoidable, and our litigation attorneys represent our health care clients before state and federal courts and administrative agencies on a regular basis.

Representative matters
Posternak health care attorneys have years of experience in government and private practice.  Our experience includes:

Providers

  • Negotiating and structuring the leasing, acquisition, and taxable and tax-exempt financing of health care facilities.
  • Structuring and documenting joint ventures among hospitals, physicians and other health care providers in a number of service modalities.
  • Working with hospitals to develop and implement programs to recruit needed physicians to their communities in compliance with myriad federal and state regulatory and tax law requirements.
  • Advising private equity funds investing in regional or nationwide systems of sub-acute providers.
  • Counseling providers on the avoidance of fraud and abuse and self-referrals and on the development of compliance plans.
  • Organizing physician-owned ambulatory surgical centers and representing the companies on financing, employment and management matters.

Insurers

  • Structuring a managed care plan for a major HMO and negotiating contracts with participating providers.
  • Representing a regional health insurer in joint ventures to develop (a) consumer directed health plan products and (b) national, open-access health plan products targeting companies with employees located in multiple states.

General

  • Representing debtors and secured creditors in all phases of health care bankruptcies, with particular emphasis on licensure, Medicare and Medicaid ramifications of bankruptcy.
  • Representing health care providers and insurers before various state and federal regulatory agencies on licensing, certification and reimbursement matters.
  • Counseling clients on legislative strategies involving reimbursement, licensure and other matters.
  • Counseling clients on the legal, regulatory and practical aspects of their contractual relationships with vendors, employees, physicians, payors, customers and other providers.
  • Representing hospitals, physicians and other licensed professionals in disciplinary proceedings, both under a facility’s medical staff by laws or before the licensing board.
  • Counseling clients on the sale or purchase of health care companies or lines of business, including federal, state and local tax and tax exemption issues.

Our clients include:
Hospitals and health care systems
Skilled nursing facilities and chains
Assisted living facilities
Physician group practices
Ambulance services
Diagnostic imaging centers
HMOs and other managed care organizations
Home health agencies
Durable medical equipment suppliers
Ambulatory surgical centers
Allied/health professionals
Social service agencies
Hospices
Community health centers
Clinics
Complementary health care providers

Health Care: Related Services Areas

Health Care: Professionals

Gerald J. Billow

Partner 617.973.6112 ext.   fax 617.367.2315 gbillow@pbl.com

Barry L. Mintzer

Partner 617.973.6199 ext.   fax 617.722.4987 bmintzer@pbl.com

Ruselle W. Robinson

Of Counsel 617.973.6286 ext.   fax 617.367.2315 rrobinson@pbl.com

Health Care: Publications

Tufts, Lowell Hospital Uniting

The Boston Globe, Ruselle W. Robinson, April 14, 2014

"The Sunshine Act" Blog

Ruselle W. Robinson, March 27, 2014

Records: To Have and To Hold

NASW Focus, Nancy J. Puleo, February 6, 2014

Beth Israel, Baptist Team Up on Orthopedic Care

The Boston Globe, Ruselle W. Robinson, February 6, 2014

Much Riding on Ruling on Partners Expansion

The Boston Globe, Ruselle W. Robinson, September 17, 2013

Employer Fair Share Contribution Repealed

Ruselle W. Robinson, July 30, 2013

Winchester Hospital, Lahey Health Plan to Link

The Boston Globe, Ruselle W. Robinson, June 26, 2013

Massachusetts’ Health Reform Experience: No Change in Hospital Utilization

AMN Healthcare, Ruselle W. Robinson, May 24, 2013

Traditional Risk Concerns Could See Benefit From ACA

Healthcare Risk Management, Ruselle W. Robinson, March 18, 2013

Doctor Shortage Getting Worse

CNBC.com, Ruselle W. Robinson, March 13, 2013

Steward Reshapes Mass. Health Care Business

The Boston Globe, Ruselle W. Robinson, February 3, 2013

Beth Israel Deaconess plans to take over Jordan Hospital in Plymouth

The Boston Globe, Ruselle W. Robinson, January 24, 2013

Ask Our Attorney: Commonly Asked Questions About the Treatment of Minors

FOCUS - National Association of Social Workers (Mass. Chapter), Barry L. Mintzer, October 7, 2012

Doctors Group Leaves Partners for Steward

The Boston Globe, Ruselle W. Robinson, September 6, 2012

Patrick, Romney on opposite sides as Court upholds landmark health care law

State House News Service, Ruselle W. Robinson, June 28, 2012

Trends in Hospice Compliance

Ruselle W. Robinson, May 25, 2012

'Love' in the Time of Ethics

NASW FOCUS, Barry L. Mintzer, August 31, 2011

Employers and Health Care Reform

Ruselle W. Robinson, May 24, 2011

HITECH Rules on HIPAA Business Associates Go Into Effect

Ruselle W. Robinson, February 11, 2010

Ruselle Robinson's interview with New England Cable News

Ruselle W. Robinson, September 10, 2009

American Recovery and Reinvestment Act Of 2009

Kevin J. O'Connell, March 19, 2009

Ask Our Attorney: Record Keeping (Part II) When a Client Wants Access to Records

FOCUS - National Association of Social Workers (Mass. Chapter), Barry L. Mintzer, July 2007

Ask Our Attorney: Subpoenas

FOCUS - National Association of Social Workers (Mass. Chapter), Barry L. Mintzer, March 2007

Health Care Reform Update

Ruselle W. Robinson, February 2007

Record Keeping Requirements and Client Access to Clinical Records

FOCUS - National Association of Social Workers (Mass. Chapter), Barry L. Mintzer, March 2006