Health Care
Contact: Paul E. Knag, Co-Chair
Contact: Stephanie Sprague Sobkowiak, Co-Chair
Murtha Cullina’s Health Care Practice Group is one of the most respected leaders in the field of health care law in Connecticut, the broader New England region and the U.S.
In tune with the health care marketplace and the opportunities and challenges it presents, our lawyers draw upon the long-lasting relationships they have built with state and federal regulators and their deep experience navigating the complex regulatory, operational and business environment to deliver top-tier representation to clients that include:
• Community and specialty hospitals
• Medical centers
• Health systems and managed care/integrated delivery systems
• Long-term care providers
• Home health care providers
• Physician groups
• Social services providers
• Clinics
• Dental practices
• Physical therapy providers
• Chiropractors
Murtha health care lawyers serve as strategic advisors to clients, acting as true partners in the success of their businesses by collaborating on strategies that advance their unique goals. By applying an interdisciplinary approach, which draws upon our lawyers’ insight and knowledge of various areas of the law, we provide health care institutions and providers with a holistic array of services. We regularly handle matters related to:
• Medicare and Medicaid regulatory compliance, billing, audit and reimbursement issues
• Stark, Anti-kickback and Emergency Medical Treatment & Labor Act (EMTALA) regulations
• Litigation
• Financing
• Real estate sales, purchases and leases
• Organizing nonprofit, tax-exempt and for-profit entities
• Licensing
• Mergers, acquisitions and sales
• Corporate reorganizations
• Joint ventures
• Formation of integrated delivery systems, including PHOs, MSOs, IPAs, hospital networks and fully integrated physician groups
• Certificate of Need (CON) authorization
• Risk management and allocation
• Environmental and energy issues
• Day-to-day operations
• Employment, recruitment, staff and workplace issues
• Employee benefits, policies and procedures
• HIPAA and HITECH Act privacy and security compliance
• Data breaches
• Patient care delivery
• Quality control, including Health Care Quality Improvement Act (HCQIA) requirements
Working together with our Litigation Practice Group, our health care lawyers regularly represent clients in suits and appeals before state and federal courts and administrative agencies. By carefully evaluating cases at an early stage, we determine how best to achieve the clients’ objectives — through settlement or vigorous defense — in an efficient, cost-effective manner. We also advocate our clients’ positions in matters before state professional boards and commissions and in alternative dispute resolution (ADR) forums.
Members of our Health Care Practice Group are regularly invited to speak at state and national conferences hosted by health care organizations and have authored numerous articles published by the American Health Law Association and in publications for health care providers. As testament to Murtha’s prominence in the health care field, several of the practice’s lawyers have served as board members, section leaders and committee chairs for associations of health care lawyers, practitioners and providers.
Modernization of a hospital plant, the development of a new nursing home or the expansion of an existing nursing facility, or the acquisition by hospitals of major and sophisticated medical diagnostic equipment (such as linear accelerators, imaging equipment and lithotripters), all require Certificate of Need ("CON") experience before the Commission on Hospitals and Health Care. Murtha Cullina obtained the first CON in the State of Connecticut for a mobile MRI service to be shared by three hospitals and also assisted in obtaining the first CON granted for a specialized AIDS facility in the state. The firm's lawyers have been successful in obtaining CONs for more than 2,500 nursing home beds for both existing and new nursing home facilities, and have assisted hospitals and nursing homes in the financing and construction of numerous Certificate of Need authorized projects.
In recognition of the growth and need of our aging population for special types of housing with ancillary health care services, our attorneys have assisted health care institutions and real estate developers in the development of various forms of retirement housing, including continuing care retirement communities with entrance fees, rental and other models (which may or may not offer assisted living services and nursing home care), as well as free standing assisted living facilities. And, because the delivery of health care services is labor intensive, the firm's health care group includes experts in labor relations, employment relations, employment discrimination, workmen's compensation, retirement plans, wage and hour law and professional practice plans.
Non-profit hospitals have transformed the traditional section 501(c)(3) acute care medical service role to encompass diverse health care activities and for-profit unregulated activities. Working with the firm's health care attorneys, Murtha's tax and corporate lawyers have assisted numerous hospitals and nursing homes in establishing corporate structures that have accommodated the diversified activities of affiliate corporations which implement new ventures such as (1) the development of medical office buildings, (2) separate cardiology and billing practices, (3) the creation of imaging joint ventures, and (4) other entrepreneurial activities.
Murtha Cullina counsels clients in their compliance with EMTALA, and also represents clients in enforcement actions by the Office of Inspector General. Murtha also has developed an educational presentation for the benefit of members of hospital medical staffs, which it offers without charge to its hospital clients.
Hospitals and nursing homes have sought methods to save energy costs by developing innovative projects which produce useful energy through cogeneration or other means. In conjunction with Murtha's environmental, utilities and communications groups, the health care attorneys have assisted numerous institutions in the development of various forms of cogeneration projects. This cost-consciousness as well as the firm's expertise has now been focused on the health care provider community. Additionally, public concern with the disposal of biomedical wastes by nursing homes, hospitals and physician groups has been a recent area of focus for both the firm's health care and environmental practices.
Several years ago, Murtha Cullina LLP anticipated the need to prepare its clients for fundamental changes in the health care system by the formation of its Health Care Department: an interdisciplinary team of experienced lawyers, each with identifiable expertise in the various areas of the law which directly impact on the development, financing, licensure, patient care delivery, quality control, reimbursement and day-to-day operation of both health care institutions and individual professional practices.
In addition to providing assistance to clients with respect to traditional legal issues, the firm has been called on more recently to respond to the demands of a dynamic health care marketplace by assisting hospitals and other health care institutions in completing mergers and corporate reorganizations and in the formation of innovative relationships between all categories of health care providers: the formation of integrated delivery systems, including the development of PHOs, MSOs, IPAs, hospital networks and fully integrated physician groups.
The team approach to client concerns enables Murtha Cullina LLP to provide timely response to client inquiries since team members have an in-depth knowledge of all of the important segments of the health care industry. The Department's practice philosophy recognizes that the health care delivery system deals foremost with profound questions of ethics and clinical quality but is also interrelated with medical economics and third party reimbursement. The Department's interdisciplinary membership includes lawyers with experience in solving problems unique to the health care field: third party reimbursement, informed consent, death and dying issues, corporate reorganization of non-profit and for-profit facilities, medical staff relations, shared services, equal access and patient's rights issues, confidentiality of medical records, antitrust, and Medicare and Medicaid fraud and abuse issues.
The firm has developed extensive resources to assist its clients in complying with HIPAA, including "The Privacy Officer's Manual" and a "Manual of Forms and Policies". There are several versions of these manuals to optimize their relevance in particular circumstances.
The firm is assisting providers and also employers who maintain health plans with their HIPAA compliance efforts.
Murtha Cullina represents providers of home health care in all aspects of their legal needs, including regulatory, reimbursement, antitrust and contracting.
Murtha Cullina has regularly counseled nursing homes and hospitals in successfully resisting union organizational activity. The firm also counsels nursing homes and hospitals in avoiding employment law liability in areas such as worker's compensation and employment discrimination, including an increasing focus on the employment-at-will doctrine. The firm's labor and employment law group members regularly review and revise personnel practices and wage and hour plans, and also advise health care professionals on the economic and tax aspects of retirement planning.
Hospitals, physicians and managed care plans are joining forces to contain health care costs by the formation of integrated delivery systems which coordinate the delivery of primary care and specialty physicians' services with a hospital's outpatient and inpatient services. Collaboration by physician-controlled entities with hospitals enables an integrated approach to managed care contracting and preserves volume and market share for the integrated network's participants. Murtha Cullina has been active in this movement. Our experience has included the provision of legal services along the full spectrum of physician-hospital collaboration, including the formation of management services organizations ("MSOs") (to enable hospitals to offer recruitment and retention practice enhancements to physicians consistent with anti-kickback and IRS limitations) to the formation of PHOs and more integrated entities suitable for hospital/physician collaboration, including economically integrated clinic model physician groups.
Murtha Cullina has assisted numerous hospitals with issues involving credentialing of physicians, establishing valid rules and procedures to limit access to the medical staff, medical staff privilege disputes, and trade regulation and antitrust questions associated with this subject. The antitrust immunity afforded to participants in professional review activities by the Health Care Quality Improvement Act of 1986 and the availability of information on medical staff applicants and members from the National Practitioner Data Bank have been the subject of increased attention.
Murtha Cullina's extensive experience in hospital joint ventures, hospital affiliation agreements and other hospital collaborative arrangements enabled the firm to serve hospital clients in several major hospital mergers and acquisitions that have been consummated in Connecticut in recent years. These hospital consolidations involved the transfer of control between two hospitals, the merger of two inner city teaching hospitals and the acquisition of a municipally owned and operated hospital by a private non-profit community hospital. The firm's experience with legal issues across the broad spectrum of hospital operation and development enabled us to complete the extensive due diligence investigations that are required in these complex transactions.
When long-term care facilities are transferred, buyers, sellers and lenders are assisted by Murtha attorneys in adapting the transaction to the change of ownership regulations imposed by the Department of Public Health and Addiction Services, the third party reimbursement requirements of the Department of Social Services ("Medicaid"), and the federal Department of Health and Human Services ("Medicare"). Additionally, institutions that acquire, transfer or develop real estate must comply with the provisions of the Connecticut Environmental Transfer Act relating to hazardous waste. Our health care lawyers work with our environmental attorneys in counseling sellers, purchasers and lenders with respect to compliance with those requirements.
The firm believes that one of the key challenges for providers is addressing patient care and risk management issues. The firm has partnered with risk managers and their association to develop educational presentations and materials on this subject.
It also represents providers before regulators in matters relating to patient care deficiency allegations and licensure.
Murtha Cullina’s Physician Practice Group has extensive experience advising physicians and physician groups. We are legal advisors and business counselors. We know that physicians are among the most highly regulated businesses in America today. We know the regulations that govern you. We know your business.
As a physician, you are faced with decisions requiring common business sense and a working knowledge of the vast regulatory scheme physicians must work within. To make your tasks easier, our attorneys can give you guidance in the following areas:
REGULATORY
- STARK
- Anti-Kickback
- Medicare billing
- Medicare, RAC and Commercial payor audits
- Accountable Care Organizations
- HIPAA, including HITECH
- DPH – licensure and disciplinary matters
- Certificates of Need - OHCA
- Hospital credentialing
CORPORATE/CONTRACTUAL
- Employment Agreements
- Covenants Not-to-Compete
- Buy-sell agreements
- Service agreements
- Mergers and acquisitions of practices
- Operating agreements or bylaws
- Physician/hospital networks
- Joint venture arrangements with private entities, other physicians and hospitals
- Formation of ASCs
- Financing transactions
- Large software licenses
- Cloud hosting agreements
INSURANCE
- Insurance coverage matters
- Managed care contracting
EMPLOYMENT
- Discrimination matters
- Hiring/firing guidance
- ADA
- Immigration
- Covenants Not-to-Compete
EMPLOYEE BENEFITS
- ERISA plans
- Non-qualified plans
- Health insurance
- Affordable Care Act
- HIPAA, including HITECH
GENERAL LITIGATION
REAL ESTATE
- Leasing
- Acquisitions
- Sales
- Financing
Murtha means more understanding of your business and regulatory needs. We can help.
The firm assists clients with reimbursement issues including medicare, medicaid, commercial payors and other third party payors. In these areas, it is extensively involved in counselling, contract negotiations, litigation, adminsitrative appeals (including the Provider Reimbursement Review Board and state administrative bodies), and arbitration. This experience has included litigation on behalf of groups of providers as well as claims on behalf of particular providers, PHOs and IPAs.
The firm also counsels and represents providers in criminal and civil proceedings involving medicare and medicare fraud and abuse issues.
The health care industry has become a target market of tax-exempt bond underwriters, turn-key developers and conventional financing sources as well. Murtha's health care practice has assisted nursing homes, hospitals and physician groups in the negotiation and completion of all types of financing. These programs include tax-exempt obligations, and structures using various forms of credit enhancement, such as letters of credit, bond insurance, bond guarantees, and the FHA Section 232 coinsurance program, all of which assist clients in minimizing their net interest rate cost. Department members regularly assist institutional clients with Connecticut Health and Educational Facilities Authority ("CHEFA") and Connecticut Development Authority ("CDA") financings.
Our attorneys have lectured and presented extensively on matters relating to tax exemption law as applied to health care organizations.
We have represented clients seeking counsel on issues relating to tax exemption, as well as clients faced with 501 (c) (3) audits.
It also advises clients on issues relating to long term care.
- Murtha Addresses Coronavirus/COVID-19
- May 19, 2022 - Health Care Providers Beware: Subpoenas Continue to Be a Source of Concern
- May 16, 2022 - Murtha Cullina LLP Recognized by Chambers USA
- July 20, 2021 - Health Care Group News: Marijuana Legalized in Connecticut
- June 16, 2021 - Health Care and Long-Term Care Groups News: OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Industry
- May 21, 2021 - Murtha Cullina LLP Recognized by Chambers USA
- May 14, 2021 - Murtha Cullina LLP Welcomes New Associates in Litigation and Regulatory Departments
- January 13, 2021 - Health Care Group News: Insight On A Not Uncommon Question: Can Providers Use Gift Cards To Incentivize Patients To Attend Medical Appointments?
- December 22, 2020 - Health Care Group News: Breaking Down the New Stark Law and Anti-Kickback Statute Final Rules
- October 30, 2020 - Health Care Group News: UPDATE: Information Blocking Final Rule Implementation Delayed
- October 14, 2020 - Health Care Group News: Compliance Check-In: Are You Ready For The Information Blocking Rule?
- September 16, 2020 - Health Care Group News: OCR Announces Five Settlements Regarding Access Rights
- May 1, 2020 - Health Care Group News: Round-Up Of Recent Connecticut Executive Orders Pertaining To Health Care Providers
- April 24, 2020 - Summary of CARES Act Alerts
- April 24, 2020 - Health Group News: The Cares Act and Health Care Providers: What You Should Know
- April 1, 2020 - Health Care Group News: In Light of COVID-19, CMS Issues Additional Waivers
- March 30, 2020 - Health Care Group News: CMS Expands Accelerated and Advance Payment Program to Provide Financial Assistance to Medicare Providers During COVID-19 Emergency
- March 25, 2020 - Health Care Group News: DPH Temporarily Allows Out Of State Practitioners To Render Healthcare Services To Connecticut Residents
- March 23, 2020 - Health Care Group News: Temporary Certificate of Need Waivers During Covid-19 Public Health Emergency
- March 4, 2020 - Health Care Group News: A Reminder That Covered Entities Of All Sizes Need To Comply With HIPAA Security Rule
- January 7, 2020 - Stephanie Sprague Sobkowiak Named Chair of Murtha Cullina LLP Regulatory Department
- October 30, 2019 - Health Care Group News: A HIPAA Compliance Program "In Disarray" Leads to OCR Imposing a $2.15 Million Civil Monetary Penalty
- October 8, 2019 - Health Care Group News: OCR Fines Dental Practice $10,000 For Social Media Disclosures
- September 20, 2019 - Health Care Group News: $85,000 OCR Settlement in HIPAA Patient Rights Case
- June 3, 2019 - Health Care Group News: But, I'm Just a Business Associate . . . Think Again.
- April 25, 2019 - Murtha Cullina LLP Recognized by Chambers USA
- March 12, 2019 - Health Care Group News: OIG Allows Hospital to Provide Free In-Home Patient Care
- February 14, 2019 - Health Care Group News: HIPAA Enforcement In 2018 Hits All Time High
- February 13, 2018 - Health Care Group News: How Physicians Can Plan For The New 20% Deduction For Qualified Business Income From Pass Through Entities
- February 2, 2018 - Health Care Group News: $3.5 M OCR Settlement for Five Breaches Affecting Fewer Than 500 Patients Each
- January 17, 2018 - Health Care Group News: Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality
- January 3, 2018 - Health Care Group News: CMS Clarifies that Texting of Orders is Not Permitted
- September 7, 2017 - Health Care Group News: Summer Is Over ... Time For Connecticut Health Care Providers To Get Up To Speed On Recent Changes
- July 18, 2017 - Information Security & Privacy and Health Care Group News: Protecting Data: Vendors May Be Your Weakest Link
- June 28, 2017 - Health Care & Long-Term Care Group News: Data Breaches Most Expensive For Health Care Industry But Precautionary Measures Can Keep Costs Down
- June 15, 2017 - Health Care Group News: OCR Releases Checklist On What To Do Following A Cyber Attack
- May 26, 2017 - Murtha Cullina LLP Recognized by Chambers USA
- April 25, 2017 - Health Care Group News: OCR Published Three HIPAA Settlements in Two Weeks, Signaling a Ramp Up of HIPAA Enforcement Activity
- April 10, 2017 - Health Care Group News: FBI Releases Warning on Cyber Criminals Targeting Sensitive Information Through File Transfer Protocol Servers
- April 7, 2017 - Julia P. Boisvert Joins Health Care Practice Group
- February 7, 2017 - Mindy S. Tompkins Joins Health Care Practice Group
- January 18, 2017 - Health Care Group News: OCR Releases New Clarifying Guidance In Response To Orlando Pulse Nightclub Attack
- January 5, 2017 - Health Care Group News: Texas District Court Preliminarily Enjoins Partial Enforcement of Section 1557
- November 10, 2016 - Health Care Group News: A (Temporary) Sigh of Relief for Hospital Expansion: CMS Releases Final Rule regarding Provider-Based Departments
- November 9, 2016 - Health Care Group News: Section 1557's Nondiscrimination Mandates - Is Your Practice Compliant?
- August 16, 2016 - Health Care Group News: Bitcoin. System Lockdown. Data Held Hostage. Ransom Demand.
- May 27, 2016 - Murtha Cullina Recognized by Chambers USA
- May 26, 2016 - Health Care Group News: Part Two: The Rest of SB 351 (Now Public Act 16-95)
- May 6, 2016 - Health Care Group News: Connecticut Limits Physician Non-Competition Agreements: Just one piece of SB 351
- March 29, 2016 - Health Care and Long-Term Care Groups News: The HIPAA Phase 2 Audits Have Arrived
- February 22, 2016 - Health Care Group News: Final Rule Regarding Return Of Medicare Overpayments Is More Favorable to Providers Than Anticipated
- February 2, 2016 - Stephanie Sprague Sobkowiak Named Co-Chair of the Health Care Practice Group
- December 2015 - Paul E. Knag Writes Article on Data Security Disputes for American Health Lawyers Association National Magazine
- December 3, 2015 - Health Care Group News: CMS Finalizes Two New Stark Exceptions and Provides Some Clarity to Others
- November 16, 2015 - Health Care Group News: Bi-Partisan Budget Act Affects New Provider-Based Facilities
- October 5, 2015 - Stephanie Sprague Sobkowiak Quoted In Ambulatory M&A Advisor Article Entitled "The Price of Good Will"
- August 31, 2015 - Daniel J. Kagan Joins Health Care Group
- May 11, 2015 - Article by Paul E. Knag and Taruna Garg Published in CT Law Tribune's Special Health Care Section
- March 13, 2015 - Captive Insurance Companies: The Physician's "Hat Trick"
- January 2, 2015 - Stephanie Sprague Sobkowiak Elected Partner of Murtha Cullina LLP
- December 2014 - Annual Reporting of Number of Physicians
- November 2014 - Patients Can Sue in State Court for Confidentiality/Privacy Breaches Despite HIPAA
- October 2014 - Article by Paul E. Knag and Stephanie Sprague Sobkowiak published in AAA Dispute Resolution Journal
- October 2014 - State Attorney General Issues Guidance Regarding the Reporting of Certain Physician Transactions
- September 2014 - Selling a Medical Practice, Part II
- June 2014 - More Regulations Affecting Physicians and Hospitals
- May 16, 2014 - Health Law: Data Breaches In Health Care
- March 2014 - Selling a Medical Practice - Part I: Preparing the Practice for Sale
- Effective Estate Planning for Physicians: Tax and Liability Mitigation
- Murtha Cullina Partner Heather Berchem Appointed to AHCA Legal Committee
- Hospital Acquisition of a Large Physician Practice Draws Federal Antitrust Enforcement
- Finally! Final Rule for the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA)
- “Crossing Two Midnights:” The Final Rule
- CAHCF Honors Murtha Cullina Attorney with ElderCare Advocacy Award
- The Stuff of Nightmares: EMR Vendor Cuts Off Access to Medical Records, Leaves Health Center in Very Bad Place
- "Play or Pay" Requirements Delayed; Other Health Insurance Mandates Continue in Effect
- Affordable Care Act Employer Mandate delayed until January 2015
- OIG Rejects a New Twist on Pod Labs
- Supreme Court Strikes Down Defense of Marriage Act (DOMA)
- Leaders Discuss Trends and Concerns in Electronic Health Records Implementation
- Action Required to Comply with Final HIPAA Regulations
- More Tinkering with the Medicare Hospital Readmissions Reduction Program
- ‘New Massachusetts Law Seeks to Control Health-Care Costs: Will Connecticut Follow?’
- “Crossing Two Midnights:” CMS Tries to Define a Hospital Inpatient
- Health Care Contracting Issues - Part I of a series
- The Affordable Care Act and Play or Pay
- Getting the Message on Inpatient Denials: CMS Allows Expanded Inpatient Part B Reimbursement
- A Little Surprise in the Fiscal Cliff Legislation: Government Gets Five Years to Recover Medicare Overpayments
- The HITECH Act Gets Final Regulations
- The OIG is Interested in Provider-Based Status of Hospital Sites of Service
- IRS Begins "Stealth Audits" of Hospital Compliance with PPACA Requirements for Tax-Exempt Status
- Connecticut Court Finds Hospital Credentials Committee Review is Protected Under the Peer Review Statute
- Murtha Cullina Attorney Named to Two VNA Boards
- Massachusetts Provider to Pay $1.5 Million to Resolve HIPAA Violations
- Firm Health Care Attorney Featured in Connecticut Law Tribune Interview
- Murtha Cullina Partner Maria Pepe VanDerLaan Authors Book Chapter: Reimbursement Challenges for Healthcare Providers
- Affordable Care Act Individual Mandate Upheld - What Employers Must Do Now
- Murtha Cullina Health Care Attorney Comments on Supreme Court Ruling (New Haven Register)
- New Haven Register Quotes Murtha Cullina Attorney on Affordable Care Act
- DRG Payment Window Expansion: Does It Impact Professional Services Through Your Hospital Physician Practice?
- HIPAA Enforcement - No Physician Office Too Small
- HIPAA Breach Costs Insurer $1.5 Million
- More Financial Exposure for a HIPAA Breach: State Attorneys General Sue for Damages
- Provider Beware: If You Find A Medicare Overpayment, Give It Back - Fast!
- New OIG Alert Warns Physicians to Use Caution When Assigning Their Right to Bill & Collect Medicare Claims
- OCR Rolls Out HIPAA Audit Program
- Why Won't the Hospital Buy My Goodwill? Hospitals Face a Stark Choice When Private Practice Physicians Become Employees
- The Patient Protection and Affordable Care Act's Accountable Care Organization Program: New Healthcare Disputes and the Increased Need for ADR Services
- Has your DME Supplier Offered You a GREAT Deal? Compliance Caution is Advised
- Federal Appeals Court Holds Certificate of Need Laws May Be Unconstitutional
- Hospitals Encounter Some Really Rough Times
- Paul E. Knag Elected to Chair CBA's Health Law Section
- Murtha Cullina LLP Tops American Health Lawyers Association Honor Rolls for Connecticut & Northeast Region
- Busy Legislative Session Includes the Passage of Bills Impacting Hospitals in Connecticut
- HIPAA Is Back...And Then Some!
- Key Issues Raised by Proposed ACO Regulations and Related Documents
- Update on Bill Banning Most Favored Nation Clauses in Health Provider Contracts
- Make Sure Your Digital Copier Data is Secured
- First Win for Opponents of Health Care Reform
- Show Me The Money: Final Rules for Achieving "Meaningful Use" of EHR and Stark In-Office Ancillary Services Exception Getting Squeezed by Congress
- Supervision of Hospital Outpatient Services/Increased PPACA Compliance Demands
- Connecticut Supreme Court Issues A Stern Reminder In Medical Staff Termination Cases: Follow Your Bylaws Or Else!
- Health Care Reform: Tax-Related Provisions for the Health Care Industry
- Health Care Reform: Tax-Related Provisions for Corporations Generally
- Health Care Reform: Moving Forward
- Significant Changes to CON Laws Proposed
- Smart Microgrids: How Hospitals Can Take Control of Their Energy Costs
- HOSPITAL ALERT: DOJ Investigation of Kyphoplasty One-Day Stays
- Specific to Connecticut: Federal Spending Bill Includes Major New HIPAA Requirements
- Federal Spending Bill Includes Major New HIPAA Requirements
- Murtha Cullina LLP Represents Safe Hands Health System in Connection with Development of Healthcare Facilities
- OIG 2008 Advisory Opinion Disapproves Arrangement Between Physician Practices as a Suspect Joint Venture
- September 1, 2008 - New State Law Requires Protection of Social Security Numbers and Other Personal Information
- Major Changes to Stark Exceptions Require Substantial Restructuring: Many Per Click, Percentage-Based and Under Arrangements Deals to Become Illegal
- A Federal Court Denies Right of Out-Of-Network Physicians to Balance Bill Patients in Connecticut
- CMS' and DPH's Use of Medicare and Public Health Code Sanctions as Provider Compliance Leverage: Some Observations and Suggestions
- IRS Issues Final Revised Form 990 - Update of Action Steps
- Stark III Regulations: Some Changes, Several Clarifications, Important Changes to Physician Recruitment and Calculation of Fair Market Value
- Urgent Notice to Hospitals - Do a Stark Compliance Audit Now: CMS Will Demand Details of Reportable Financial Relationships With Physicians, Enhanced Stark Enforcement to Follow
- Proposed Revised Form 990 - A Blueprint for Action by Hospital Leadership
- Death Knell for "Click Fees" and "Under Arrangement" Deals? CMS Proposes Changes, Solicits Comments on Major Stark and Medicare Billing Issues
- OIG Angst Makes ASC Buyouts By Hospitals More Problematic
- The Dangers of Cultivating Loyalty: Hospital/Physician Ventures and the Anti-Kickback Statute
- Arbitrating Malpractice Claims Worthy of Reconsideration
- Internal Revenue Service Signs Off on Hospital Donated Electronic Health Record Technology
- Stephen E. Ronai article featured in the Winter 2007 Issue of the Quinnipiac University School of Law Magazine
- FTC Issues Consent Order to Prohibit Price Fixing and Boycotts by Nine PHOs and 3,000 Physicians
- OHCA and DPH Remind Certain Physicians' Offices Providing Outpatient Surgical Services ("OSF") to Immediately...
- Physicians' Office-Based Surgery Subject to New Certificate of Need and Department of Public Health Licensure Requirements
- Concierge Medicine: Physician Departure from Managed Care Reimbursement
- June 16, 2022 - Heather Berchem will Present to the Massachusetts Assisted Living Association (MASS-ALA), Providing an Update on What Can/Cannot be Done in Assisted Living as it Relates to Mobility Aids, Service Animals, Dining Practices, Marketing Materials, and More
- March 30, 2022 - Stephanie Sobkowiak Presenting “How to Proactively Manage Risks By Viewing Regulatory Compliance Through the Lens of an IRO” for the HCCA 26th Annual Compliance Institute
- October 23, 2020 - Stephanie Sobkowiak Presenting on Information Blocking Final Rule for the CT Health Information Management Association
- June 9, 2017 - Stephanie Sobkowiak and Dena Castricone to present "HIPAA" at present at the CT Society of Eye Physicians' Scientific Programs and Technology Expo
- June 9, 2017 - Mindy Tompkins to present "Social Media Impact on Healthcare Industry" at the CT Society of Eye Physicians' Scientific Programs and Technology Expo
- June 9, 2017 - Stephanie Sobkowiak and Dena Castricone to present "Cybersecurity" at present at the CT Society of Eye Physicians' Scientific Programs and Technology Expo
- March 16, 2017 - Dena Castricone will be a panelist at the Institute for Senior Living Education, Challenges and Triumphs of Creating a Culture of Acceptance: Balancing Fair Housing Act Requirements with Obligations to Ensure the Well-being of Residents, in Wallingford, CT
- March 9. 2017 - Paul Knag spoke at the Hartford HR Summit on Obamacare Repeal
- March 3, 2017 - Dana Bucin to speak at the Hartford HR Summit on Obamacare Repeal
- February 23, 2017 - Stephanie Sprague Sobkowiak To Be Panelist for the CT Healthcare Financial Management Association Women in Leadership Conference.
- October 6, 2016 - Stephanie Sobkowiak and Daniel Kagan to present “Health Care Legal Update” seminar for the Healthcare Financial Management Association and the CT Society of CPAs
- August 18, 2016 - Paul E. Knag will present on "Private Use" for a Healthcare Financial Management Association (HFMA) seminar.
- June 10, 2016 - Stephanie Sobkowiak and Jennifer Corvo to present on Practice Management to the CT Society of Eye Physicians in Southington, CT.
- May 10, 2016 - Dena Castricone to present Risk Management, Anti-Discrimination Laws and Reporting in Assisted Living to the Connecticut Assisted Living Association (annual SALSA course)
- May 25, 2016 - Dena Castricone to present on Patient Self Determination and Provider Obligations at the VNA Community Healthcare meeting for health and eldercare professionals in Guilford, CT
- October 2015 - Stephanie Sobkowiak to present “Health Care Legal Update” seminar for the Healthcare Financial Management Association and the CT Society of CPAs
- September, October, November 2015 - Heather O. Berchem and Dena M. Castricone to present Best Practice Series to the Connecticut Association of Health Care Facilities
- November 2014 - Stephanie Sobkowiak to Co-Present of “Surviving in the World of Managed Care" Disputes, Contracting and Joint Negotiating” for the Healthcare Financial Management Association
- November 2014 - Stephanie Sobkowiak to Co-Present at the "Successful Physician Integration" A Connecticut Perspective" seminar for the Healthcare Financial Management Association
- September and October 2014 - Stephanie Sobkowiak to Co-present “Cloud Agreements! Ignore the Hype" Read the Fine Print” to the Massachusetts Health Information Management Association
- September 2014 - Stephanie Sobkowiak to Co-Present "Health Care Legal Update" for the Healthcare Financial Management Association
- September, October, November 2014 - Heather O. Berchem and Dena M. Castricone to present Best Practice Series to the Connecticut Association of Health Care Facilities
- April 2014 - Dena M. Castricone to present The Younger Generation in Nursing Homes to the Connecticut Association of Health Care Facilities with Dr. Eleanor Barbera
- April 2014 - Dena M. Castricone to be a Guest Lecturer on The False Claims Act, Guest Lecturer at Quinnipiac School of Law
- February 2014 - Heather O. Berchem and Dena M. Castricone to present Regulatory Hot Topics, Mass Senior Care
- November 2013 - Stephanie Sobkowiak to present at the Crossroads Venture Group Boardroom Series - Health Care Transactions in CT: Recent Market and Process Developments.
- October 2013 - Stephanie Sobkowiak to present "Meaningful Use Update" for the Healthcare Financial Management Association.
- October 2013 - Stephanie Sobkowiak to present "Crossing Two Midnights - The Final Rule" for the Massachusetts Hospital Association and the Massachusetts Health Information Management Association
- What Employers Need to Know: ACA and DOMA
- May 2013 - Heather O. Berchem and Dena M. Castricone to present HIPAA for Nursing Homes to Massachusetts Senior Care Association
- "Play or Pay" Provisions of the Affordable Care Act
- April and May 2013 - Dena M. Castricone to present The New Alternative Sanctions in Home Health to the Greater New Haven Chamber of Commerce, Health Care Council and New Haven Area Senior Network
- April 2013 - Dena M. Castricone to be a Guest Lecturer on The False Claims Act at the Quinnipiac School of Law
- 2013 - Heather O. Berchem and Dena Castricone to present Back to Basics to the Connecticut Association of Health Care Facilities
- Major Issues in Medical Practice Integration with Hospitals: Taking the Big Step
- 2012 - Heather O. Berchem and Dena Castricone to present Back to Basics to the Connecticut Association of Health Care Facilities
- Connecticut HFMA - Connecticut Legal Update
- Physician Integration Strategies - Practical, Legal and Financial Considerations
- HIPAA Enforcement Turns Ugly: Protecting Yourself After HITECH
- HFMA Region 1 2011 Annual Conference -- Mission Critical: The Countdown to Health Care Reform
- Health Care Reform: What it Means to You, Your Patients and Your Practice
- Accountable Care Organizations and Other Health Care Physician Reimbursement Collaborations: The Use of ADR to Prevent Costly Physician Hospital Disputes.
- CT-HFMA Legal Update - February 2011
- CT-HFMA Legal Update
- Health Care Career Options at the Yale Law School
- Using ADR vs. Litigation to Resolve Health Care Disputes
- May 2008 - Stephanie Sobkowiak to present Medical Records Law Seminar for physician practices and hospital personnel in Bridgeport, Connecticut
Contact: Paul E. Knag, Co-Chair
Contact: Stephanie Sprague Sobkowiak, Co-Chair
Murtha Cullina’s Health Care Practice Group is one of the most respected leaders in the field of health care law in Connecticut, the broader New England region and the U.S.
In tune with the health care marketplace and the opportunities and challenges it presents, our lawyers draw upon the long-lasting relationships they have built with state and federal regulators and their deep experience navigating the complex regulatory, operational and business environment to deliver top-tier representation to clients that include:
• Community and specialty hospitals
• Medical centers
• Health systems and managed care/integrated delivery systems
• Long-term care providers
• Home health care providers
• Physician groups
• Social services providers
• Clinics
• Dental practices
• Physical therapy providers
• Chiropractors
Murtha health care lawyers serve as strategic advisors to clients, acting as true partners in the success of their businesses by collaborating on strategies that advance their unique goals. By applying an interdisciplinary approach, which draws upon our lawyers’ insight and knowledge of various areas of the law, we provide health care institutions and providers with a holistic array of services. We regularly handle matters related to:
• Medicare and Medicaid regulatory compliance, billing, audit and reimbursement issues
• Stark, Anti-kickback and Emergency Medical Treatment & Labor Act (EMTALA) regulations
• Litigation
• Financing
• Real estate sales, purchases and leases
• Organizing nonprofit, tax-exempt and for-profit entities
• Licensing
• Mergers, acquisitions and sales
• Corporate reorganizations
• Joint ventures
• Formation of integrated delivery systems, including PHOs, MSOs, IPAs, hospital networks and fully integrated physician groups
• Certificate of Need (CON) authorization
• Risk management and allocation
• Environmental and energy issues
• Day-to-day operations
• Employment, recruitment, staff and workplace issues
• Employee benefits, policies and procedures
• HIPAA and HITECH Act privacy and security compliance
• Data breaches
• Patient care delivery
• Quality control, including Health Care Quality Improvement Act (HCQIA) requirements
Working together with our Litigation Practice Group, our health care lawyers regularly represent clients in suits and appeals before state and federal courts and administrative agencies. By carefully evaluating cases at an early stage, we determine how best to achieve the clients’ objectives — through settlement or vigorous defense — in an efficient, cost-effective manner. We also advocate our clients’ positions in matters before state professional boards and commissions and in alternative dispute resolution (ADR) forums.
Members of our Health Care Practice Group are regularly invited to speak at state and national conferences hosted by health care organizations and have authored numerous articles published by the American Health Law Association and in publications for health care providers. As testament to Murtha’s prominence in the health care field, several of the practice’s lawyers have served as board members, section leaders and committee chairs for associations of health care lawyers, practitioners and providers.
Modernization of a hospital plant, the development of a new nursing home or the expansion of an existing nursing facility, or the acquisition by hospitals of major and sophisticated medical diagnostic equipment (such as linear accelerators, imaging equipment and lithotripters), all require Certificate of Need ("CON") experience before the Commission on Hospitals and Health Care. Murtha Cullina obtained the first CON in the State of Connecticut for a mobile MRI service to be shared by three hospitals and also assisted in obtaining the first CON granted for a specialized AIDS facility in the state. The firm's lawyers have been successful in obtaining CONs for more than 2,500 nursing home beds for both existing and new nursing home facilities, and have assisted hospitals and nursing homes in the financing and construction of numerous Certificate of Need authorized projects.
In recognition of the growth and need of our aging population for special types of housing with ancillary health care services, our attorneys have assisted health care institutions and real estate developers in the development of various forms of retirement housing, including continuing care retirement communities with entrance fees, rental and other models (which may or may not offer assisted living services and nursing home care), as well as free standing assisted living facilities. And, because the delivery of health care services is labor intensive, the firm's health care group includes experts in labor relations, employment relations, employment discrimination, workmen's compensation, retirement plans, wage and hour law and professional practice plans.
Non-profit hospitals have transformed the traditional section 501(c)(3) acute care medical service role to encompass diverse health care activities and for-profit unregulated activities. Working with the firm's health care attorneys, Murtha's tax and corporate lawyers have assisted numerous hospitals and nursing homes in establishing corporate structures that have accommodated the diversified activities of affiliate corporations which implement new ventures such as (1) the development of medical office buildings, (2) separate cardiology and billing practices, (3) the creation of imaging joint ventures, and (4) other entrepreneurial activities.
Murtha Cullina counsels clients in their compliance with EMTALA, and also represents clients in enforcement actions by the Office of Inspector General. Murtha also has developed an educational presentation for the benefit of members of hospital medical staffs, which it offers without charge to its hospital clients.
Hospitals and nursing homes have sought methods to save energy costs by developing innovative projects which produce useful energy through cogeneration or other means. In conjunction with Murtha's environmental, utilities and communications groups, the health care attorneys have assisted numerous institutions in the development of various forms of cogeneration projects. This cost-consciousness as well as the firm's expertise has now been focused on the health care provider community. Additionally, public concern with the disposal of biomedical wastes by nursing homes, hospitals and physician groups has been a recent area of focus for both the firm's health care and environmental practices.
Several years ago, Murtha Cullina LLP anticipated the need to prepare its clients for fundamental changes in the health care system by the formation of its Health Care Department: an interdisciplinary team of experienced lawyers, each with identifiable expertise in the various areas of the law which directly impact on the development, financing, licensure, patient care delivery, quality control, reimbursement and day-to-day operation of both health care institutions and individual professional practices.
In addition to providing assistance to clients with respect to traditional legal issues, the firm has been called on more recently to respond to the demands of a dynamic health care marketplace by assisting hospitals and other health care institutions in completing mergers and corporate reorganizations and in the formation of innovative relationships between all categories of health care providers: the formation of integrated delivery systems, including the development of PHOs, MSOs, IPAs, hospital networks and fully integrated physician groups.
The team approach to client concerns enables Murtha Cullina LLP to provide timely response to client inquiries since team members have an in-depth knowledge of all of the important segments of the health care industry. The Department's practice philosophy recognizes that the health care delivery system deals foremost with profound questions of ethics and clinical quality but is also interrelated with medical economics and third party reimbursement. The Department's interdisciplinary membership includes lawyers with experience in solving problems unique to the health care field: third party reimbursement, informed consent, death and dying issues, corporate reorganization of non-profit and for-profit facilities, medical staff relations, shared services, equal access and patient's rights issues, confidentiality of medical records, antitrust, and Medicare and Medicaid fraud and abuse issues.
The firm has developed extensive resources to assist its clients in complying with HIPAA, including "The Privacy Officer's Manual" and a "Manual of Forms and Policies". There are several versions of these manuals to optimize their relevance in particular circumstances.
The firm is assisting providers and also employers who maintain health plans with their HIPAA compliance efforts.
Murtha Cullina represents providers of home health care in all aspects of their legal needs, including regulatory, reimbursement, antitrust and contracting.
Murtha Cullina has regularly counseled nursing homes and hospitals in successfully resisting union organizational activity. The firm also counsels nursing homes and hospitals in avoiding employment law liability in areas such as worker's compensation and employment discrimination, including an increasing focus on the employment-at-will doctrine. The firm's labor and employment law group members regularly review and revise personnel practices and wage and hour plans, and also advise health care professionals on the economic and tax aspects of retirement planning.
Hospitals, physicians and managed care plans are joining forces to contain health care costs by the formation of integrated delivery systems which coordinate the delivery of primary care and specialty physicians' services with a hospital's outpatient and inpatient services. Collaboration by physician-controlled entities with hospitals enables an integrated approach to managed care contracting and preserves volume and market share for the integrated network's participants. Murtha Cullina has been active in this movement. Our experience has included the provision of legal services along the full spectrum of physician-hospital collaboration, including the formation of management services organizations ("MSOs") (to enable hospitals to offer recruitment and retention practice enhancements to physicians consistent with anti-kickback and IRS limitations) to the formation of PHOs and more integrated entities suitable for hospital/physician collaboration, including economically integrated clinic model physician groups.
Murtha Cullina has assisted numerous hospitals with issues involving credentialing of physicians, establishing valid rules and procedures to limit access to the medical staff, medical staff privilege disputes, and trade regulation and antitrust questions associated with this subject. The antitrust immunity afforded to participants in professional review activities by the Health Care Quality Improvement Act of 1986 and the availability of information on medical staff applicants and members from the National Practitioner Data Bank have been the subject of increased attention.
Murtha Cullina's extensive experience in hospital joint ventures, hospital affiliation agreements and other hospital collaborative arrangements enabled the firm to serve hospital clients in several major hospital mergers and acquisitions that have been consummated in Connecticut in recent years. These hospital consolidations involved the transfer of control between two hospitals, the merger of two inner city teaching hospitals and the acquisition of a municipally owned and operated hospital by a private non-profit community hospital. The firm's experience with legal issues across the broad spectrum of hospital operation and development enabled us to complete the extensive due diligence investigations that are required in these complex transactions.
When long-term care facilities are transferred, buyers, sellers and lenders are assisted by Murtha attorneys in adapting the transaction to the change of ownership regulations imposed by the Department of Public Health and Addiction Services, the third party reimbursement requirements of the Department of Social Services ("Medicaid"), and the federal Department of Health and Human Services ("Medicare"). Additionally, institutions that acquire, transfer or develop real estate must comply with the provisions of the Connecticut Environmental Transfer Act relating to hazardous waste. Our health care lawyers work with our environmental attorneys in counseling sellers, purchasers and lenders with respect to compliance with those requirements.
The firm believes that one of the key challenges for providers is addressing patient care and risk management issues. The firm has partnered with risk managers and their association to develop educational presentations and materials on this subject.
It also represents providers before regulators in matters relating to patient care deficiency allegations and licensure.
Murtha Cullina’s Physician Practice Group has extensive experience advising physicians and physician groups. We are legal advisors and business counselors. We know that physicians are among the most highly regulated businesses in America today. We know the regulations that govern you. We know your business.
As a physician, you are faced with decisions requiring common business sense and a working knowledge of the vast regulatory scheme physicians must work within. To make your tasks easier, our attorneys can give you guidance in the following areas:
REGULATORY
- STARK
- Anti-Kickback
- Medicare billing
- Medicare, RAC and Commercial payor audits
- Accountable Care Organizations
- HIPAA, including HITECH
- DPH – licensure and disciplinary matters
- Certificates of Need - OHCA
- Hospital credentialing
CORPORATE/CONTRACTUAL
- Employment Agreements
- Covenants Not-to-Compete
- Buy-sell agreements
- Service agreements
- Mergers and acquisitions of practices
- Operating agreements or bylaws
- Physician/hospital networks
- Joint venture arrangements with private entities, other physicians and hospitals
- Formation of ASCs
- Financing transactions
- Large software licenses
- Cloud hosting agreements
INSURANCE
- Insurance coverage matters
- Managed care contracting
EMPLOYMENT
- Discrimination matters
- Hiring/firing guidance
- ADA
- Immigration
- Covenants Not-to-Compete
EMPLOYEE BENEFITS
- ERISA plans
- Non-qualified plans
- Health insurance
- Affordable Care Act
- HIPAA, including HITECH
GENERAL LITIGATION
REAL ESTATE
- Leasing
- Acquisitions
- Sales
- Financing
Murtha means more understanding of your business and regulatory needs. We can help.
The firm assists clients with reimbursement issues including medicare, medicaid, commercial payors and other third party payors. In these areas, it is extensively involved in counselling, contract negotiations, litigation, adminsitrative appeals (including the Provider Reimbursement Review Board and state administrative bodies), and arbitration. This experience has included litigation on behalf of groups of providers as well as claims on behalf of particular providers, PHOs and IPAs.
The firm also counsels and represents providers in criminal and civil proceedings involving medicare and medicare fraud and abuse issues.
The health care industry has become a target market of tax-exempt bond underwriters, turn-key developers and conventional financing sources as well. Murtha's health care practice has assisted nursing homes, hospitals and physician groups in the negotiation and completion of all types of financing. These programs include tax-exempt obligations, and structures using various forms of credit enhancement, such as letters of credit, bond insurance, bond guarantees, and the FHA Section 232 coinsurance program, all of which assist clients in minimizing their net interest rate cost. Department members regularly assist institutional clients with Connecticut Health and Educational Facilities Authority ("CHEFA") and Connecticut Development Authority ("CDA") financings.
Our attorneys have lectured and presented extensively on matters relating to tax exemption law as applied to health care organizations.
We have represented clients seeking counsel on issues relating to tax exemption, as well as clients faced with 501 (c) (3) audits.
It also advises clients on issues relating to long term care.
- Murtha Addresses Coronavirus/COVID-19
- May 19, 2022 - Health Care Providers Beware: Subpoenas Continue to Be a Source of Concern
- May 16, 2022 - Murtha Cullina LLP Recognized by Chambers USA
- July 20, 2021 - Health Care Group News: Marijuana Legalized in Connecticut
- June 16, 2021 - Health Care and Long-Term Care Groups News: OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Industry
- May 21, 2021 - Murtha Cullina LLP Recognized by Chambers USA
- May 14, 2021 - Murtha Cullina LLP Welcomes New Associates in Litigation and Regulatory Departments
- January 13, 2021 - Health Care Group News: Insight On A Not Uncommon Question: Can Providers Use Gift Cards To Incentivize Patients To Attend Medical Appointments?
- December 22, 2020 - Health Care Group News: Breaking Down the New Stark Law and Anti-Kickback Statute Final Rules
- October 30, 2020 - Health Care Group News: UPDATE: Information Blocking Final Rule Implementation Delayed
- October 14, 2020 - Health Care Group News: Compliance Check-In: Are You Ready For The Information Blocking Rule?
- September 16, 2020 - Health Care Group News: OCR Announces Five Settlements Regarding Access Rights
- May 1, 2020 - Health Care Group News: Round-Up Of Recent Connecticut Executive Orders Pertaining To Health Care Providers
- April 24, 2020 - Summary of CARES Act Alerts
- April 24, 2020 - Health Group News: The Cares Act and Health Care Providers: What You Should Know
- April 1, 2020 - Health Care Group News: In Light of COVID-19, CMS Issues Additional Waivers
- March 30, 2020 - Health Care Group News: CMS Expands Accelerated and Advance Payment Program to Provide Financial Assistance to Medicare Providers During COVID-19 Emergency
- March 25, 2020 - Health Care Group News: DPH Temporarily Allows Out Of State Practitioners To Render Healthcare Services To Connecticut Residents
- March 23, 2020 - Health Care Group News: Temporary Certificate of Need Waivers During Covid-19 Public Health Emergency
- March 4, 2020 - Health Care Group News: A Reminder That Covered Entities Of All Sizes Need To Comply With HIPAA Security Rule
- January 7, 2020 - Stephanie Sprague Sobkowiak Named Chair of Murtha Cullina LLP Regulatory Department
- October 30, 2019 - Health Care Group News: A HIPAA Compliance Program "In Disarray" Leads to OCR Imposing a $2.15 Million Civil Monetary Penalty
- October 8, 2019 - Health Care Group News: OCR Fines Dental Practice $10,000 For Social Media Disclosures
- September 20, 2019 - Health Care Group News: $85,000 OCR Settlement in HIPAA Patient Rights Case
- June 3, 2019 - Health Care Group News: But, I'm Just a Business Associate . . . Think Again.
- April 25, 2019 - Murtha Cullina LLP Recognized by Chambers USA
- March 12, 2019 - Health Care Group News: OIG Allows Hospital to Provide Free In-Home Patient Care
- February 14, 2019 - Health Care Group News: HIPAA Enforcement In 2018 Hits All Time High
- February 13, 2018 - Health Care Group News: How Physicians Can Plan For The New 20% Deduction For Qualified Business Income From Pass Through Entities
- February 2, 2018 - Health Care Group News: $3.5 M OCR Settlement for Five Breaches Affecting Fewer Than 500 Patients Each
- January 17, 2018 - Health Care Group News: Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality
- January 3, 2018 - Health Care Group News: CMS Clarifies that Texting of Orders is Not Permitted
- September 7, 2017 - Health Care Group News: Summer Is Over ... Time For Connecticut Health Care Providers To Get Up To Speed On Recent Changes
- July 18, 2017 - Information Security & Privacy and Health Care Group News: Protecting Data: Vendors May Be Your Weakest Link
- June 28, 2017 - Health Care & Long-Term Care Group News: Data Breaches Most Expensive For Health Care Industry But Precautionary Measures Can Keep Costs Down
- June 15, 2017 - Health Care Group News: OCR Releases Checklist On What To Do Following A Cyber Attack
- May 26, 2017 - Murtha Cullina LLP Recognized by Chambers USA
- April 25, 2017 - Health Care Group News: OCR Published Three HIPAA Settlements in Two Weeks, Signaling a Ramp Up of HIPAA Enforcement Activity
- April 10, 2017 - Health Care Group News: FBI Releases Warning on Cyber Criminals Targeting Sensitive Information Through File Transfer Protocol Servers
- April 7, 2017 - Julia P. Boisvert Joins Health Care Practice Group
- February 7, 2017 - Mindy S. Tompkins Joins Health Care Practice Group
- January 18, 2017 - Health Care Group News: OCR Releases New Clarifying Guidance In Response To Orlando Pulse Nightclub Attack
- January 5, 2017 - Health Care Group News: Texas District Court Preliminarily Enjoins Partial Enforcement of Section 1557
- November 10, 2016 - Health Care Group News: A (Temporary) Sigh of Relief for Hospital Expansion: CMS Releases Final Rule regarding Provider-Based Departments
- November 9, 2016 - Health Care Group News: Section 1557's Nondiscrimination Mandates - Is Your Practice Compliant?
- August 16, 2016 - Health Care Group News: Bitcoin. System Lockdown. Data Held Hostage. Ransom Demand.
- May 27, 2016 - Murtha Cullina Recognized by Chambers USA
- May 26, 2016 - Health Care Group News: Part Two: The Rest of SB 351 (Now Public Act 16-95)
- May 6, 2016 - Health Care Group News: Connecticut Limits Physician Non-Competition Agreements: Just one piece of SB 351
- March 29, 2016 - Health Care and Long-Term Care Groups News: The HIPAA Phase 2 Audits Have Arrived
- February 22, 2016 - Health Care Group News: Final Rule Regarding Return Of Medicare Overpayments Is More Favorable to Providers Than Anticipated
- February 2, 2016 - Stephanie Sprague Sobkowiak Named Co-Chair of the Health Care Practice Group
- December 2015 - Paul E. Knag Writes Article on Data Security Disputes for American Health Lawyers Association National Magazine
- December 3, 2015 - Health Care Group News: CMS Finalizes Two New Stark Exceptions and Provides Some Clarity to Others
- November 16, 2015 - Health Care Group News: Bi-Partisan Budget Act Affects New Provider-Based Facilities
- October 5, 2015 - Stephanie Sprague Sobkowiak Quoted In Ambulatory M&A Advisor Article Entitled "The Price of Good Will"
- August 31, 2015 - Daniel J. Kagan Joins Health Care Group
- May 11, 2015 - Article by Paul E. Knag and Taruna Garg Published in CT Law Tribune's Special Health Care Section
- March 13, 2015 - Captive Insurance Companies: The Physician's "Hat Trick"
- January 2, 2015 - Stephanie Sprague Sobkowiak Elected Partner of Murtha Cullina LLP
- December 2014 - Annual Reporting of Number of Physicians
- November 2014 - Patients Can Sue in State Court for Confidentiality/Privacy Breaches Despite HIPAA
- October 2014 - Article by Paul E. Knag and Stephanie Sprague Sobkowiak published in AAA Dispute Resolution Journal
- October 2014 - State Attorney General Issues Guidance Regarding the Reporting of Certain Physician Transactions
- September 2014 - Selling a Medical Practice, Part II
- June 2014 - More Regulations Affecting Physicians and Hospitals
- May 16, 2014 - Health Law: Data Breaches In Health Care
- March 2014 - Selling a Medical Practice - Part I: Preparing the Practice for Sale
- Effective Estate Planning for Physicians: Tax and Liability Mitigation
- Murtha Cullina Partner Heather Berchem Appointed to AHCA Legal Committee
- Hospital Acquisition of a Large Physician Practice Draws Federal Antitrust Enforcement
- Finally! Final Rule for the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA)
- “Crossing Two Midnights:” The Final Rule
- CAHCF Honors Murtha Cullina Attorney with ElderCare Advocacy Award
- The Stuff of Nightmares: EMR Vendor Cuts Off Access to Medical Records, Leaves Health Center in Very Bad Place
- "Play or Pay" Requirements Delayed; Other Health Insurance Mandates Continue in Effect
- Affordable Care Act Employer Mandate delayed until January 2015
- OIG Rejects a New Twist on Pod Labs
- Supreme Court Strikes Down Defense of Marriage Act (DOMA)
- Leaders Discuss Trends and Concerns in Electronic Health Records Implementation
- Action Required to Comply with Final HIPAA Regulations
- More Tinkering with the Medicare Hospital Readmissions Reduction Program
- ‘New Massachusetts Law Seeks to Control Health-Care Costs: Will Connecticut Follow?’
- “Crossing Two Midnights:” CMS Tries to Define a Hospital Inpatient
- Health Care Contracting Issues - Part I of a series
- The Affordable Care Act and Play or Pay
- Getting the Message on Inpatient Denials: CMS Allows Expanded Inpatient Part B Reimbursement
- A Little Surprise in the Fiscal Cliff Legislation: Government Gets Five Years to Recover Medicare Overpayments
- The HITECH Act Gets Final Regulations
- The OIG is Interested in Provider-Based Status of Hospital Sites of Service
- IRS Begins "Stealth Audits" of Hospital Compliance with PPACA Requirements for Tax-Exempt Status
- Connecticut Court Finds Hospital Credentials Committee Review is Protected Under the Peer Review Statute
- Murtha Cullina Attorney Named to Two VNA Boards
- Massachusetts Provider to Pay $1.5 Million to Resolve HIPAA Violations
- Firm Health Care Attorney Featured in Connecticut Law Tribune Interview
- Murtha Cullina Partner Maria Pepe VanDerLaan Authors Book Chapter: Reimbursement Challenges for Healthcare Providers
- Affordable Care Act Individual Mandate Upheld - What Employers Must Do Now
- Murtha Cullina Health Care Attorney Comments on Supreme Court Ruling (New Haven Register)
- New Haven Register Quotes Murtha Cullina Attorney on Affordable Care Act
- DRG Payment Window Expansion: Does It Impact Professional Services Through Your Hospital Physician Practice?
- HIPAA Enforcement - No Physician Office Too Small
- HIPAA Breach Costs Insurer $1.5 Million
- More Financial Exposure for a HIPAA Breach: State Attorneys General Sue for Damages
- Provider Beware: If You Find A Medicare Overpayment, Give It Back - Fast!
- New OIG Alert Warns Physicians to Use Caution When Assigning Their Right to Bill & Collect Medicare Claims
- OCR Rolls Out HIPAA Audit Program
- Why Won't the Hospital Buy My Goodwill? Hospitals Face a Stark Choice When Private Practice Physicians Become Employees
- The Patient Protection and Affordable Care Act's Accountable Care Organization Program: New Healthcare Disputes and the Increased Need for ADR Services
- Has your DME Supplier Offered You a GREAT Deal? Compliance Caution is Advised
- Federal Appeals Court Holds Certificate of Need Laws May Be Unconstitutional
- Hospitals Encounter Some Really Rough Times
- Paul E. Knag Elected to Chair CBA's Health Law Section
- Murtha Cullina LLP Tops American Health Lawyers Association Honor Rolls for Connecticut & Northeast Region
- Busy Legislative Session Includes the Passage of Bills Impacting Hospitals in Connecticut
- HIPAA Is Back...And Then Some!
- Key Issues Raised by Proposed ACO Regulations and Related Documents
- Update on Bill Banning Most Favored Nation Clauses in Health Provider Contracts
- Make Sure Your Digital Copier Data is Secured
- First Win for Opponents of Health Care Reform
- Show Me The Money: Final Rules for Achieving "Meaningful Use" of EHR and Stark In-Office Ancillary Services Exception Getting Squeezed by Congress
- Supervision of Hospital Outpatient Services/Increased PPACA Compliance Demands
- Connecticut Supreme Court Issues A Stern Reminder In Medical Staff Termination Cases: Follow Your Bylaws Or Else!
- Health Care Reform: Tax-Related Provisions for the Health Care Industry
- Health Care Reform: Tax-Related Provisions for Corporations Generally
- Health Care Reform: Moving Forward
- Significant Changes to CON Laws Proposed
- Smart Microgrids: How Hospitals Can Take Control of Their Energy Costs
- HOSPITAL ALERT: DOJ Investigation of Kyphoplasty One-Day Stays
- Specific to Connecticut: Federal Spending Bill Includes Major New HIPAA Requirements
- Federal Spending Bill Includes Major New HIPAA Requirements
- Murtha Cullina LLP Represents Safe Hands Health System in Connection with Development of Healthcare Facilities
- OIG 2008 Advisory Opinion Disapproves Arrangement Between Physician Practices as a Suspect Joint Venture
- September 1, 2008 - New State Law Requires Protection of Social Security Numbers and Other Personal Information
- Major Changes to Stark Exceptions Require Substantial Restructuring: Many Per Click, Percentage-Based and Under Arrangements Deals to Become Illegal
- A Federal Court Denies Right of Out-Of-Network Physicians to Balance Bill Patients in Connecticut
- CMS' and DPH's Use of Medicare and Public Health Code Sanctions as Provider Compliance Leverage: Some Observations and Suggestions
- IRS Issues Final Revised Form 990 - Update of Action Steps
- Stark III Regulations: Some Changes, Several Clarifications, Important Changes to Physician Recruitment and Calculation of Fair Market Value
- Urgent Notice to Hospitals - Do a Stark Compliance Audit Now: CMS Will Demand Details of Reportable Financial Relationships With Physicians, Enhanced Stark Enforcement to Follow
- Proposed Revised Form 990 - A Blueprint for Action by Hospital Leadership
- Death Knell for "Click Fees" and "Under Arrangement" Deals? CMS Proposes Changes, Solicits Comments on Major Stark and Medicare Billing Issues
- OIG Angst Makes ASC Buyouts By Hospitals More Problematic
- The Dangers of Cultivating Loyalty: Hospital/Physician Ventures and the Anti-Kickback Statute
- Arbitrating Malpractice Claims Worthy of Reconsideration
- Internal Revenue Service Signs Off on Hospital Donated Electronic Health Record Technology
- Stephen E. Ronai article featured in the Winter 2007 Issue of the Quinnipiac University School of Law Magazine
- FTC Issues Consent Order to Prohibit Price Fixing and Boycotts by Nine PHOs and 3,000 Physicians
- OHCA and DPH Remind Certain Physicians' Offices Providing Outpatient Surgical Services ("OSF") to Immediately...
- Physicians' Office-Based Surgery Subject to New Certificate of Need and Department of Public Health Licensure Requirements
- Concierge Medicine: Physician Departure from Managed Care Reimbursement
- June 16, 2022 - Heather Berchem will Present to the Massachusetts Assisted Living Association (MASS-ALA), Providing an Update on What Can/Cannot be Done in Assisted Living as it Relates to Mobility Aids, Service Animals, Dining Practices, Marketing Materials, and More
- March 30, 2022 - Stephanie Sobkowiak Presenting “How to Proactively Manage Risks By Viewing Regulatory Compliance Through the Lens of an IRO” for the HCCA 26th Annual Compliance Institute
- October 23, 2020 - Stephanie Sobkowiak Presenting on Information Blocking Final Rule for the CT Health Information Management Association
- June 9, 2017 - Stephanie Sobkowiak and Dena Castricone to present "HIPAA" at present at the CT Society of Eye Physicians' Scientific Programs and Technology Expo
- June 9, 2017 - Mindy Tompkins to present "Social Media Impact on Healthcare Industry" at the CT Society of Eye Physicians' Scientific Programs and Technology Expo
- June 9, 2017 - Stephanie Sobkowiak and Dena Castricone to present "Cybersecurity" at present at the CT Society of Eye Physicians' Scientific Programs and Technology Expo
- March 16, 2017 - Dena Castricone will be a panelist at the Institute for Senior Living Education, Challenges and Triumphs of Creating a Culture of Acceptance: Balancing Fair Housing Act Requirements with Obligations to Ensure the Well-being of Residents, in Wallingford, CT
- March 9. 2017 - Paul Knag spoke at the Hartford HR Summit on Obamacare Repeal
- March 3, 2017 - Dana Bucin to speak at the Hartford HR Summit on Obamacare Repeal
- February 23, 2017 - Stephanie Sprague Sobkowiak To Be Panelist for the CT Healthcare Financial Management Association Women in Leadership Conference.
- October 6, 2016 - Stephanie Sobkowiak and Daniel Kagan to present “Health Care Legal Update” seminar for the Healthcare Financial Management Association and the CT Society of CPAs
- August 18, 2016 - Paul E. Knag will present on "Private Use" for a Healthcare Financial Management Association (HFMA) seminar.
- June 10, 2016 - Stephanie Sobkowiak and Jennifer Corvo to present on Practice Management to the CT Society of Eye Physicians in Southington, CT.
- May 10, 2016 - Dena Castricone to present Risk Management, Anti-Discrimination Laws and Reporting in Assisted Living to the Connecticut Assisted Living Association (annual SALSA course)
- May 25, 2016 - Dena Castricone to present on Patient Self Determination and Provider Obligations at the VNA Community Healthcare meeting for health and eldercare professionals in Guilford, CT
- October 2015 - Stephanie Sobkowiak to present “Health Care Legal Update” seminar for the Healthcare Financial Management Association and the CT Society of CPAs
- September, October, November 2015 - Heather O. Berchem and Dena M. Castricone to present Best Practice Series to the Connecticut Association of Health Care Facilities
- November 2014 - Stephanie Sobkowiak to Co-Present of “Surviving in the World of Managed Care" Disputes, Contracting and Joint Negotiating” for the Healthcare Financial Management Association
- November 2014 - Stephanie Sobkowiak to Co-Present at the "Successful Physician Integration" A Connecticut Perspective" seminar for the Healthcare Financial Management Association
- September and October 2014 - Stephanie Sobkowiak to Co-present “Cloud Agreements! Ignore the Hype" Read the Fine Print” to the Massachusetts Health Information Management Association
- September 2014 - Stephanie Sobkowiak to Co-Present "Health Care Legal Update" for the Healthcare Financial Management Association
- September, October, November 2014 - Heather O. Berchem and Dena M. Castricone to present Best Practice Series to the Connecticut Association of Health Care Facilities
- April 2014 - Dena M. Castricone to present The Younger Generation in Nursing Homes to the Connecticut Association of Health Care Facilities with Dr. Eleanor Barbera
- April 2014 - Dena M. Castricone to be a Guest Lecturer on The False Claims Act, Guest Lecturer at Quinnipiac School of Law
- February 2014 - Heather O. Berchem and Dena M. Castricone to present Regulatory Hot Topics, Mass Senior Care
- November 2013 - Stephanie Sobkowiak to present at the Crossroads Venture Group Boardroom Series - Health Care Transactions in CT: Recent Market and Process Developments.
- October 2013 - Stephanie Sobkowiak to present "Meaningful Use Update" for the Healthcare Financial Management Association.
- October 2013 - Stephanie Sobkowiak to present "Crossing Two Midnights - The Final Rule" for the Massachusetts Hospital Association and the Massachusetts Health Information Management Association
- What Employers Need to Know: ACA and DOMA
- May 2013 - Heather O. Berchem and Dena M. Castricone to present HIPAA for Nursing Homes to Massachusetts Senior Care Association
- "Play or Pay" Provisions of the Affordable Care Act
- April and May 2013 - Dena M. Castricone to present The New Alternative Sanctions in Home Health to the Greater New Haven Chamber of Commerce, Health Care Council and New Haven Area Senior Network
- April 2013 - Dena M. Castricone to be a Guest Lecturer on The False Claims Act at the Quinnipiac School of Law
- 2013 - Heather O. Berchem and Dena Castricone to present Back to Basics to the Connecticut Association of Health Care Facilities
- Major Issues in Medical Practice Integration with Hospitals: Taking the Big Step
- 2012 - Heather O. Berchem and Dena Castricone to present Back to Basics to the Connecticut Association of Health Care Facilities
- Connecticut HFMA - Connecticut Legal Update
- Physician Integration Strategies - Practical, Legal and Financial Considerations
- HIPAA Enforcement Turns Ugly: Protecting Yourself After HITECH
- HFMA Region 1 2011 Annual Conference -- Mission Critical: The Countdown to Health Care Reform
- Health Care Reform: What it Means to You, Your Patients and Your Practice
- Accountable Care Organizations and Other Health Care Physician Reimbursement Collaborations: The Use of ADR to Prevent Costly Physician Hospital Disputes.
- CT-HFMA Legal Update - February 2011
- CT-HFMA Legal Update
- Health Care Career Options at the Yale Law School
- Using ADR vs. Litigation to Resolve Health Care Disputes
- May 2008 - Stephanie Sobkowiak to present Medical Records Law Seminar for physician practices and hospital personnel in Bridgeport, Connecticut