Healthcare & Hospital Law

We Provide Guidance Our in All Aspects of Hospital Operations, Including:

• Development of capital improvement programs:Johnson Duffie has extensive experience in drafting strategies for financing, timing and implementing long-term business improvements.
• Facility licensure:  Our attorneys have experience with the requirements for state licensure of new facilities, renewal of existing licenses, additions of new service lines to existing licenses, expansion of existing licensed facilities and assisting facilities to resolve any deficiency citations that may have been issued.   
• Medicare/Medicaid compliance:Our experienced attorneys understand the complexities of the CMS Conditions of Participation and can assist you in compliance.
• Risk management: We’ll work with you to draft a proactive strategy for reducing liability and preventing financial loss.
• Practice acquisition: Our attorney have handled many practice acquisitions and can help assure that your acquisition is STARK compliant,   We can conduct any needed due diligence review of all documents, contracts, leases, etc. to eliminate any STARK or fraud or abuse concerns. We can also work through final acquisition by the transfer of all necessary documents, licenses, real estate or vehicles so that your organization can begin fully authorized on the first day. 
• Physician employment: Our team reviews benefits, contracts and more to reduce risk and protect rights.
• Site location issues: Johnson Duffie attorneys have experience navigating the complex challenge of site licensing and will work on your behalf to resolve issues that arise with building plans and fire and safety issues.

Health Care Compliance

Compliance is a high priority for any healthcare organization. Our attorneys have the experience necessary to help our client develop compliant protocols and operational procedures.

As your preferred health care attorney in Harrisburg, Johnson Duffie will guide you through CMS compliance and reimbursement appeals. We have experience with the accreditation application process for The Joint Commission which establishes industry-wide standards for hospital operations and services. We also have experience with CMS employment and regulatory issues to keep you and your staff meeting standards.

What Other Regulations Apply?

Other regulations that affect the health care industry include but are not limited to:

• HIPAA: The Health Insurance Portability and Accountability Act strives to protect insurance benefits and patient privacy.
• HITECH: This 2009 law strengthens HIPAA oversight and enforcement. It stands for Health Information Technology for Economic and Clinical Health.
• EMTALA: The Emergency Medical Treatment and Labor Act protects the rights of patients to receive medical care in an emergency even if they have limited means.
• STARK:  The Physician Self Referral Law controls the relationship of the healthcare provider with associated enterprises. 

A wide variety of laws also prevent fraud and unfair financial gain in the health care industry.

Who Oversees Hospitals in Pennsylvania?

The Commonwealth’s Department of Health (DOH) licenses organizations and facilities, audits for Medicare compliance and resolves complaints. The PA DOH is also responsible for approving construction and engineering plans for facilities.   Some types of residential healthcare facilities are regulated by the Pennsylvania Department of Human Services (DHS) and not DOH.  

At Johnson Duffie, we have an experienced team of hospital lawyers in Harrisburg to keep your facility adhering to DOH and DHS compliance. Your dedicated law professional will help you with health facility licensing and Pennsylvania Department of Health site approvals.

Our health care lawyers have the technical knowledge and practical experience to deal with the many legal issues unique to medical organizations and practices.