Practice Areas

Lifshutz Lifshutz & Associates P.C. represents medical staffs and physician groups in all medical specialties. In total, the Firm represents several thousand physicians in New York, New Jersey, Connecticut and Florida.

Representation of professional offices
Lifshutz Lifshutz & Associates, P.C. has always concentrated its representation in Health Care to the individual practicing physician and his or her practice. We handle:

  • employment agreements
  • shareholder and partnership agreements
  • restrictive covenants
  • compliance plans
  • sale and purchase of a practice
  • office structure
  • hospital contracts
  • forming group practices and multidisciplinary groups
  • administrative services agreements and administrative management contracts
  • corporate minutes
  • mergers and acquisitions
  • practice marketing/consulting agreements
  • medical and health care office leases

Professional Misconduct Defence (OPMC/OPD)

We defend doctors and health care providers in license suspension or revocation proceedings and other professional misconduct allegations.

  • OPMC (Office of Professional Medical Conduct)
  • OPD (Office of professional discipline)
  • fee splitting allegations
  • improper practice disciplinary allegations
  • practice under the influence of controlled substances
  • fraud and abuse
  • improper business practices
  • sanction investigations
  • professional misconduct and disciplinary investigations and hearings
  • chart review

Billing, Anti-kickback and STARK and MINI-STARK Referral Prohibition Laws

The Firm’s attorneys represent and advise clients with regard to actions concerning prohibited and restricted referrals, anti-kickback safe harbors, and billing and fee splitting statutes and regulations. The Firm employs its expertise in these areas to advise on and negotiate agreements for health care professionals and groups in structuring their practices and ancillary service arrangements and physician-hospital employment, joint venture and independent contractor relationships.

Article 28 and Certificate of Need Formation Practice

  • structure of Article 28 clinics
  • filing and structure of Article 28 applications
  • structuring for professional and non-professional ownership
  • walk the client through the Article 28 process
  • rate applications and amendments
  • extension clinic applications and negotiations
  • hospital off site applications and contracts
  • regulatory and compliance applications
  • JHACO certifications
  • Purchase and sale and ownership interest transfers
  • Defense against DOH (Department of Health) sanctions and allegations

Office of Alcohol and Substance Abuse (OASAS) Programs

  • applications to the Office of Alcohol and Substance abuse for physicians and non professional individuals for new facilities
  • defence of allegations by OASAS for improper conduct
  • defence of audits
  • formation and structuring
  • pre-screening programs

Medicare & Medicaid provider practice

  • Medicare audits
  • Medicaid audits
  • exclusion from the Medicare or Medicaid programs
  • re-instatement of provider numbers
  • transfer of provider numbers as part of a sale/purchase
  • applications for new provider numbers

Health Care Asset Protection

  • insulate your assets from insurance company audits not covered by liability insurance
  • protect your personal and professional assets from malpractice claims in excess of your insurance coverage
  • protect your personal and professional assets from other third party creditor claims
  • implement a structure that has tax benefits and incorporates estate planning to reduce your overall liability

Managed Care Contracting

  • contracts with, structure and operation and formation of IPA’s (Independent Practice Associations)
  • analysis of ACO’s (Accountable Care organizations).
  • managed care contracts with third party payors
  • enrollment with HMO’s
  • exclusion proceedings
  • third party payor (HMO) audits

Hospital privilege disputes and disciplinary proceedings

  • defending physicians and health care providers from hospital allegations
  • defending physicians and health care providers from hospital privilege revocations
  • privilege applications and issues

Hospital Consultations and Contracting

  • hospital contracts with providers
  • physician and hospital employment disputes
  • hospital off site location contract negotiations and structuring

Real Estate Practice

  • physician group practices purchase/sale of medical buildings
  • complex real estate commercial closings
  • Article 28, OASAS, SURGI centre build out assistance
  • Medical office and health care practice leases

Health Care Litigation

  • provider disputes
  • restrictive covenant litigation (defence and enforcement)
  • shareholder and partnership disputes
  • Article 78 proceedings
  • Actions against government agencies and insurance companies for improper payment practices and violation of exclusion procedures
  • complex health care litigation

Pharmacy practice

  • applications for provider numbers
  • Medicare/Medicaid and insurance company audits
  • buy/sell of stores
  • filings with the pharmacy board
  • license disciplinary proceedings

Estate Planning and Administration

  • tax planning for life insurance and charitable trusts,
  • estate tax motivated partnership and asset planning, restructuring, and estate administration.
  • general estate planning
  • minimizing the costs of transferring assets to heirs and beneficiaries. – – minimizing federal estate taxes and state inheritance taxes

Pension Administration

  • pension formation and structuring for physicians and health care provider
  • calculation of pension deductions to distribution requirements,
  • analysis of prohibited transactions to termination of plans.
  • innovative structuring which serves as a means for corporations and sole proprietors to maximize pension deductions by deferring the payment of taxes until benefits are actually received.
  • all aspects of administration on qualified retirement plans from the calculations of the annual contribution, preparation of the annual valuations,
  • calculation of maximum pension plan loan amounts.
  • We consult our clients regarding their continued tax-favored status with the Internal Revenue Service

Florida practice

  • assistance with Florida providers in the practice of health care in Florida
  • Health Care Provider Compliance Plans: Fraud & Abuse, HIPAA
  • fraud and abuse Compliance plans
  • HIPAA and state patient privacy compliance plans