Healthcare

The scope and capabilities of the Weintraub Healthcare group are unique to the region and in demand nationwide.  Their expertise includes managing complex healthcare mergers & acquisitions, advice on emerging provider types and treatment models, representation in a wide array of healthcare-related joint ventures, counseling on Medicare and Medi-Cal enrollment and certification matters, and guidance on the full spectrum of agreements and regulatory matters that their clients face. The lawyers in this Group bring decades of experience, technical skill, and industry knowledge to every engagement.

Weintraub healthcare attorneys are known for their expertise in business law, regulatory healthcare law, and mergers & acquisitions. Their healthcare clients reflect a broad spectrum of entities and their investors, such as health systems, medical foundations, ambulatory surgery centers (ASCs), independent practice associations (IPAs), healthcare technology companies, behavioral health providers, concierge and telehealth companies, home health providers, durable medical equipment suppliers, and private equity/venture capital investors in various healthcare niches. The attorneys in the Healthcare group often serve as general counsel/transactional counsel/healthcare regulatory counsel to startups, established businesses, or private or public consolidators of various healthcare providers. In addition to serving healthcare clients, the Weintraub healthcare lawyers are experienced merger & acquisition and transactional business attorneys.

Salem & Green merged with and into Weintraub Tobin in January 2022.  Read more about the merger here.

 

The Weintraub Healthcare group provides experienced counsel in complex healthcare-related mergers & acquisitions.  Healthcare organizations often streamline their operations through mergers, acquisitions, joint ventures, or other transitions.  Keeping that goal in mind, the Weintraub Healthcare attorneys offer strategic counsel at every stage of a deal and often far beyond, including due diligence, valuation, risk mitigation, financing, and design. The Weintraub Healthcare group also provides for the design and implementation of post-closing and operational systems as well as post-closing business strategy and licensure, enrollment transaction filings, and compliance systems design.

The attorneys in Weintraub’s Healthcare group combine transactional and regulatory experience with industry knowledge to help clients plan and execute capital-raising transactions. Our attorneys assist publicly-traded and privately-held companies as well as nonprofits to establish appropriate governance policies and practices.

With experience assisting a variety of capital markets participants in a full range of financial transactions, the Healthcare group attorneys are uniquely positioned to provide practical solutions to clients quickly and efficiently.

Private equity transactions carry inherent risk, but healthcare industry deals are subject to additional regulatory risks that add many layers of complexity to a deal. Weintraub’s Healthcare and Corporate attorneys help private equity firms and their portfolio companies by bringing together experienced healthcare regulatory lawyers who understand the demands of compliance with dealmakers who have extensive experience in private equity-backed transactions.

 

The Weintraub Healthcare attorneys advise healthcare providers on virtually all aspects of healthcare regulation, including compliance with Medicare/Medicaid payment rules, provider enrollment rules, government and private-payor reimbursement laws, privacy regulation, facility licensure and certification, and professional scope of practice.  Our healthcare team has extensive experience in regulatory issues with the California Medi-Cal program, including payment, structure, enrollment, and claim logic expertise for healthcare providers both in the Medi-Cal program and its various subprograms such as Family PACT, Medi-Cal Presumptive Eligibility, and the Every Woman Counts programs.

Our healthcare lawyers counsel clients in Medicare/Medicaid fraud & abuse statutes and the Stark Law, as well as other federal and state self-referral prohibitions with the goal of avoiding regulatory violations.

The attorneys in Weintraub’s Healthcare group have extensive experience with the complex and ever-changing Medicare and Medicaid programs. Their understanding of Medicare and Medicaid allows them to anticipate needs and respond quickly and efficiently.

Weintraub healthcare lawyers regularly speak with clients about reimbursement rules and issues and answer questions related to enrollment, credentialing and licensing, billing processes and related matters, as well as Medicaid and Medicare billing privilege reinstatement.

Weintraub attorneys provide advice and counsel on many aspects of the complex and highly regulated healthcare industry, including Medicare and Medicaid regulatory compliance, hospital and physician payment and reimbursement, HIPAA privacy and confidentiality issues, licensing, and physician contracting, and COVID-19 regulatory compliance.

Weintraub healthcare lawyers have frequently prepared and negotiated physician recruitment arrangements, simple and complex professional services agreements, call coverage agreements, key vendor agreements, management services agreements, administrative services agreements involving quasi-professional services, and employment agreements for healthcare professionals. Our healthcare attorneys have extensive experience with the review and analysis of healthcare valuations.

The Weintraub healthcare group has extensive experience structuring and forming joint ventures between physicians and/or medical groups, hospitals, medical foundations, and management companies and has advised investors concerning the restructuring of such ventures including recapitalizations, interspecies mergers, and tender offers.

Our attorneys understand the complexity and nuances involved in joint ventures and other strategic alliances, and work with clients as they expand into new markets, fund research and development, and enter alliances to share risks and rewards. Our healthcare attorneys have created joint ventures nationwide—from formation to exit—and they bring that depth of experience to each client’s project, including ongoing state and federal compliance, general contracting issues, anti-kickback statute compliance, assistance with litigation strategies, preparation of operating agreements and governance structures, negotiation of management agreements, and the review of ancillary arrangements for management, professional, and billing services.

If clients’ needs expand to include tax strategies, key employee compensation, intellectual property issues, land use matters, or any of the myriad issues that can arise in a complex joint venture or alliance deal, our healthcare attorneys can work with other professionals across the Firm to provide comprehensive advice, strategy, and solutions.

Our Healthcare attorneys have represented investors and emerging businesses in a wide variety of capital formation transactions, including advice concerning the choice of entity, negotiations over investor rights, angel and venture capital transactions, recapitalization transactions, and financings in an insolvency context.  Our Healthcare team has extensive experience with structuring businesses to comply with California’s corporate practice of medicine laws, including the formation and structure of friendly physician business models.

Working with our team to identify the best choice of entity minimizes expense, reduces exposure, and provides a solid legal foundation for your business to position it for future transitions.

Our attorneys have advised providers on the formation and operation of professional corporations, varying from small professional corporations to those with hundreds of shareholders operating in multiple states.  The Healthcare Group has assisted client restructurings in a wide variety of contexts: changes to capital structures, buy-outs, tender offers, governance provisions, and interspecies mergers.

Tax-exempt healthcare organizations are subject to intense regulatory scrutiny, and our attorneys provide experienced and comprehensive tax planning, compliance, and advocacy services to nonprofit hospitals and other tax-exempt healthcare organizations. The Weintraub healthcare attorneys are well-versed in the special tax issues that arise in the context of joint operating arrangements, sales of assets and the resulting foundations, joint ventures, physician practice acquisitions, and other nonprofit and tax-exempt transitions.

Our Healthcare group has advised nonprofit corporations on corporate governance, relations with for-profit subsidiaries, unrelated business income taxation, legal aspects of valuation issues, interested director transactions, maintenance of tax-exempt status, joint venturing, and a full range of business transactions.

The Weintraub Healthcare group has extensive experience working with litigation counsel by providing specialized healthcare expertise in the area of fraud & abuse, antitrust, restrictive covenants, billing and reimbursement, and the corporate practice of medicine.

 
Webinar: Sequencing Your Transaction Without Shutting Down Your Facility: Licensure, Certification, and Enrollment

On April 14-16, 2021, The American Health Lawyers Association hosted the Health Care Transactions Conference Webinar. Weintraub attorney Jeanne Vance participated in the event and presented Sequencing Your Transaction Without Shutting Down Your Facility: Licensure,

Read More

Jeanne L. Vance On Faculty For Two 2021 American Health Law Association Conferences

Jeanne L. Vance was selected on the faculty of two American Health Law Association conferences. Vance was a panelist for the program called “Hot Topics in Provider Enrollment: The Hot Topics Are Really Hot This Year” at the Medicare &

Read More

Webinar: Hot Topics in Provider Enrollment 2021: The Hot Topics Are Really Hot This Year

American Health Lawyers Association, Medicare Medicaid Payment Institute, Hot Topics in Provider Enrollment: The Hot Topics Are Really Hot This Year. When: March 24-26, 2021 Where: Webinar

Read More

Webinar: Choose Your Friends Wisely or Face the Consequences under the New Provider Enrollment Rule

American Health Lawyers Association, Annual Meeting, Choose Your Friends Wisely or Face the Consequences under the New Provider Enrollment Rule. When: June 28-July 1, 2020 Where: Webinar

Read More

Jeanne L. Vance Spoke At The American Health Lawyers’ Association’s Medicare Medicaid Payment Issues Conference Regarding Provider Enrollment, For The Ninth Consecutive Year

For the ninth consecutive year, Jeanne L. Vance presented at the American Health Lawyers’ Association’s Medicare Medicaid Payment Issues conference regarding provider enrollment. Ms. Vance was a panelist regarding “Hot Topics in Provider Enrollment” March 20-22,

Read More

Hot Topics in Provider Enrollment and Advanced Insights 2019

American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues Conference, Hot Topics in Provider Enrollment and Advanced Insights. When: March 20-22, 2019 Where: Baltimore, Maryland.

Read More

Webinar – Hospital Deals: How to Avoid a Regulatory Crash & Burn

American Health Lawyers Association, National Webinar, Hospital Deals: How to Avoid a Regulatory Crash & Burn. When: April 19, 2018 Where: Webinar

Read More

Webinar: American Health Lawyers Association On Hospital Transactions

Jeanne L. Vance will present at an American Health Lawyers Association webinar panel called, “Hospital Deals: How to Avoid A Regulatory Crash and Burn” on April 19. She joins national experts on hospital acquisitions and licensing and enrollment matters.

Read More

Jeanne L. Vance Invited To Speak At The American Health Lawyers’ Association’s Medicare Medicaid Payment Issues Conference Regarding Provider Enrollment

For the eighth consecutive year, Jeanne L. Vance has been invited to present at the American Health Lawyers’ Association’s Medicare Medicaid Payment Issues conference regarding provider enrollment. Ms. Vance is thrilled to join esteemed colleagues of the health law bar at this annual conference which is March 21-23,

Read More

The Current and Future State of Provider and Supplier Enrollment and Certification

American Health Lawyers Association, Physicians/Hospital Law Institute, The Current and Future State of Provider and Supplier Enrollment and Certification. When: February 1-3, 2017 Where: Orlando, Florida.

Read More

Jeanne L. Vance Has Been Invited To Speak At The American Health Lawyers Association’s Annual Physicians And Hospitals Law Institute

Jeanne L. Vance has been invited to speak at the American Health Lawyers Association’s annual Physicians and Hospitals Law Institute. She will co-present on the topic of “The Current & Future State of Provider/Supplier Enrollment and Certification” with Emily Towey of Hancock,

Read More

Hot topics in Provider Enrollment 2016

American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues Conference, Hot topics in Provider Enrollment. When: April 13-15, 2016 Where: Baltimore, Maryland.

Read More

Webinar: Enrollments Gone Wrong: Troubleshooting Tips From the Field

American Health Lawyers Association, National Webinar, Enrollments Gone Wrong: Troubleshooting Tips From the Field. When: December 7, 2015 Where: Webinar

Read More

The Uphill Path for Durable Medical Equipment, Prosthetics, Orthotics and Supplies Supplier

American Health Lawyers Association, Regulation Accreditation & Payment Practice Group Educational Call, The Uphill Path for Durable Medical Equipment, Prosthetics, Orthotics and Supplies Suppliers. When: November 4, 2015

Read More

Fundamentals of Provider Enrollment 2015

American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues Conference, Fundamentals of Provider Enrollment. When: March 24–26, 2015 Where: Baltimore, Maryland.

Read More

Fundamentals of Provider Enrollment 2014

American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues Conference, Fundamentals of Provider Enrollment. When: March 25–27, 2014 Where: Baltimore, Maryland.

Read More

Fundamentals of Provider Enrollment 2013

American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues Conference, Fundamentals of Provider Enrollment. When: March 20–22, 2013 Where: Baltimore, Maryland.

Read More

Disclosure Obligations in Medicare Enrollment: Current Practice Standards

Accreditation, Certification and Enrollment Affinity Group: American Health Lawyers Association, National Member Educational Call, Disclosure Obligations in Medicare Enrollment: Current Practice Standards. When: October 16, 2012

Read More

Fundamentals of Provider Enrollment 2012

American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues Conference, Fundamentals of Provider Enrollment. When: March 28–30, 2012 Where: Baltimore, Maryland.

Read More

Webinar: Medicare’s Revalidation Requirements: Update on Enrollment Procedures for Providers and Suppliers

American Bar Association’s Health Law Section, National Webinar, Medicare’s Revalidation Requirements: Update on Enrollment Procedures for Providers and Suppliers. When: March 15, 2012 Where: Webinar

Read More

Fundamentals of Provider Enrollment – It’s A Whole New World 2011

American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues Conference, Fundamentals of Provider Enrollment – It’s A Whole New World. When: March 30 – April 1, 2011 Where: Baltimore,

Read More

Weintraub Tobin Adds Healthcare Practice with Salem & Green Merger

Weintraub Tobin has expanded to include a Healthcare practice as a result of its merger with Salem & Green, effective January 1, 2022. Healthcare and business attorneys Julie E. Green, Christopher F.

Read More

Salem & Green to Merge with Weintraub Tobin

Weintraub Tobin is pleased to announce that as of January 1, 2022, healthcare and business law firm Salem & Green will merge with and into the Weintraub firm. Sacramento-based attorneys Julie E.

Read More

Julie Green Featured On The Ticket Podcast

Julie Green was featured on The Ticket Podcast. The Ticket Podcast is a motivational and education podcast created to inspire people to chase their dreams and achieve their professional and life goals.

Read More

Jeanne L. Vance Appointed Chair Of The Regulation, Accreditation & Payment Practice Group Of The American Health Law Association

The Committee follows and develops content for AHLA members on issues related to healthcare reimbursement and coverage, including Medicare and other government payer laws, regulations, and instructions, as well as issues related to health care organizational accreditation such as the Joint Commission and other accrediting entity standards.

Read More

Medicare Enrollment And Certification Legal Trends

Jeanne L. Vance contributed to a co-authored article on Medicare enrollment and certification trends that was published in the March 2017 issue of The RAP Sheet, which is a publication of the Regulation,

Read More

Jeanne L. Vance Invited To Speak At Leading Payment Issues Conference On Provider Enrollment For Sixth Consecutive Year

Jeanne L. Vance has been invited to speak at the American Health Lawyers Association’s annual Institute on Medicare and Medicaid Payment Issues Conference for the sixth consecutive year. She will co-present on the topic of “Fundamentals of Provider Enrollment” with Emily Towey of Hancock,

Read More

Jeanne L. Vance To Lead American Health Lawyers Association Educational Discussion Regarding Legal Issues For Durable Medical Equipment Supplies

The Regulation, Accreditation, and Payment Practice Group (RAP PG) leadership of the American Health Lawyers Association will hold its next open membership call on Wednesday, November 4, from 3:00-4:00 pm Eastern.

Read More

Initial Enrollments And Changes Of Ownership Impacted By Home Health Medicare Enrollment Rule Changes

In the March 2011 edition of The Rap Sheet, Weintraub attorney Jeanne Vance writes the Centers for Medicare & Medicaid Services (CMS) modified home health agency (HHA) Medicare provider enrollment provisions in two important ways.

Read More

Healthcare Transactions With Licensed Healthcare Professionals Trigger Corporate Practice Issues In California

This second transactions series installment involves consideration of professional licensing issues that arise in certain healthcare transactions with licensed professionals (including physicians), or so-called “corporate practice” issues. This series responds to the active transactional market for 2021 and the forecast for robust activity due to the interest of venture capital and private equity funds in healthcare investments.

Read More

Revenue Cycle Impact On Healthcare M&A Transactions: Medicare Provider Agreement Assumption Choices Can Drive Transaction Structure

The past year in healthcare transactions has been one of the more interesting of my career, with the complete shutdown of certain industry segments for a period due to the COVID-19 public health emergency,

Read More

Cares Act Provider Relief Funds: Reporting Set To Begin In 2021; New Reporting Requirements

The Health Resources and Services Administration (“HRSA”) has completed review of Phase 3 applications for the CARES Act Provider Relief Fund (“PRF”) and expects to distribute $24.5 billion to over 70,000 health care providers by the end of this month.

Read More

Summary Of Covid-19 Medicare And Medicaid Provider Enrollment Waivers

The Centers for Medicare and & Medicaid (“CMS”) have issued the following COVID-19 emergency blanket waivers for health care providers associated with provider enrollment. To the extent applicable, the following screening requirements are waived: Application fee.

Read More

New Cares Funding Available For Medicaid Providers

On June 9, 2020, the U.S. Department of Health and Human Services (HHS) announced that it will allocate approximately $15 billion to providers who participate in state Medicaid program and Children’s Health Insurance Program (CHIP) and who did not receive payments from the initial $50 billion in general allocations from the Provider Relief Fund under the Coronavirus Aid,

Read More

California Attorney General Clarifies Effective Date For Filing Adverse Action 805 Report By Health Care Peer Review Bodies

On April 20, 2020, the California Attorney General (“AG”) issued a published opinion clarifying that the “effective date” for purposes of filing a Business and Professions Code 805 report is the date on which a peer review body’s decision becomes final,

Read More

Postponing Elective Surgeries To Contain Covid-19 Spread And Conserve Resources Presents Challenges For Healthcare Providers

The World Health Organization (WHO) declared the COVID-19 pandemic on March 11, 2020.[1] As a result, there are more patients in need of immediate and attentive care, and many practices now have to consider how to continue providing necessary services while containing the spread of COVID-19 with balancing current and future needs for clinician services,

Read More

Happy New Year To California’s Rural Hospitals: New Corporate Practice Of Medicine Exception Effective January 1, 2017

Effective January 1, 2017, certain rural hospitals joined the list of providers specifically exempted from the Corporate Practice of Medicine (“CPM”) ban in California, which otherwise prohibits the employment of physicians and other medical professionals by corporations and other artificial legal entities.

Read More

CMS Issues Implementation Instructions Regarding Long Term Care Hospital Certification Moratorium

On October 10, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to State Survey Agency directors regarding implementation of a moratorium on the establishment of new long-term care hospitals (LTCHs) and LTCH satellites as well as bed increases to such facilities.

Read More

California Implements Provider Enrollment Fingerprinting Requirements Effective October 2

On September 10, 2104, the California Department of Health Care Services (“DHCS”) announced that it will implement federal requirements for fingerprinting in the Medi-Cal provider enrollment process starting October 2, 2014.

Read More

Health Reform Changes Medi-Cal Enrollment Processes For 2013

California Medi-Cal enrollment has undergone significant changes, effective January 1, 2013. The California Department of Healthcare Services (“DHCS”) implemented new Medicaid enrollment requirements as part of the Patient Protection and Affordable Care Act,

Read More

Medicaid Enrollment Update

This piece is part of a series that will appear in the RAP Sheet over its next several issues that summarize hot topics in Medicaid enrollment on a state-by-state basis. In this issue,

Read More

Brace For The Transition — Enrollment Tips; CMS Changes California Mac Award Contract From Palmetto GBA To Noridian

The Centers for Medicare & Medicaid Services (“CMS”) recently announced that it awarded Noridian Administrative Services the contract for administration of Medicare Part A and Part B fee-for-service claims for California,

Read More

Medicare-Enrolled Providers And Suppliers To Revalidate By 2015

The Centers for Medicare & Medicaid Services (“CMS”) has begun the process of revalidating most Medicare provider and supplier enrollments, which must be completed by 2015. This effort began making waves in the provider and supplier community when letters sent last fall from the Medicare Administrative Contractors (“MACs”) gave recipients 60 days to respond with a complete Medicare revalidation application.

Read More

CMS Finalizes 2012 Skilled Nursing Facility Payment Changes

The Centers for Medicare & Medicaid Services (CMS) finalized changes for Medicare skilled nursing facility (SNF) payments for calendar year (CY) 2012. The final rule will be published in the August 8,

Read More

CMS Proposes HOPDAnd ASC Payment Policy And Rate Updates For 2012

On July 1, 2011, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule with policy and payment changes for Hospital Outpatient Departments (HOPDs) and Ambulatory Surgical Centers (ASCs).

Read More

CMS Issues Proposed 2012 Physician Fee Schedule

On July 1, 2011, the Centers for Medicare & Medicaid Services (CMS) issued proposed payment rate and policy changes for the Medicare physician fee schedule that would go into effect for calendar year (CY) 2012.

Read More

Government Payor File Updates More Important Than Ever To Keep Revenue Streams Alive

Few surgery centers can remain economically viable without at least some level of government payor reimbursement. So imagine a scenario where the ASC’s Medicare or Medicaid receivables come to a screeching halt without warning;

Read More

Medi-Cal Enrollment Fees Go Into Effect Today! Dhcs Failure To Issue Implementing Instructions Leaves Providers With Questions

Starting today, Department of Health Care Services (“DHCS”) is required to collect Medi-Cal enrollment fees of $505 per enrollment for “institutional providers.” DHCS Provider Enrollment Unit has issued no formal guidance regarding how it will implement the new requirements,

Read More

CMS Issues Proposed Rule To Implement Provider Enrollment Aspects Of Affordable Care Act

The Centers for Medicare & Medicaid Services (“CMS”) recently published proposed regulations that would implement provisions of the Patient Protection and Affordable Care Act as amended by the Health Care and Education Reconciliation Act of 2010 (collectively,

Read More