Anti-Kickback, Stark Act and Fraud and Abuse Counsel
KSDB provides advice and assistance to providers in structuring ventures properly in light of the regulatory hurdles that are present (Stark, the federal Anti-Kickback Statute, state licensing laws, certificate of need laws, reimbursement rules and regulations), including but not limited to preparing the documents necessary to establish the entity and to govern the relationship of the owners of the entity.

Corporate Law Counsel
KSDB provides advice to physicians, dentists and other health care providers as to the business aspects of professional practice. Such advice includes determining whether to incorporate or to establish a limited liability company or partnership; establishing professional entities; maintaining corporate records; structuring buy-in, buy-out and net income division arrangements; and drafting employment, shareholder, partnership and operating agreements. We also handle real estate transactions, such as office leases and real estate purchases.

Employment Law Counsel
KSDB represents licensed professionals and health care providers in establishing clear, concise and comprehensive employment agreements. We also anticipate co-ownership issues and assist with shareholder agreements. We focus on clearly articulating salary and benefits, the responsibility for malpractice insurance benefits and the enforceability of restrictive covenants and non-solicitation provisions. We also evaluate and prepare personnel manual policies and procedures and assist clients in dealing with many employment and labor law statutes, rules and regulations that may affect their practices, including compensation, overtime pay, benefits, paid and unpaid leave, and termination of employment.

Hospital Agreement Counsel
KSDB has experience in analyzing, drafting and negotiating hospital-based physician agreements, particularly those related to the specialties of radiology, anesthesiology, pathology, physical medicine, cardiology (heart station), emergency medicine and various surgical specialties. These arrangements range from exclusive provider agreements with physician groups, medical director agreements, agreements with Department chairs, physician recruitment arrangements and arrangements related to the provision of call and coverage services to a hospital.

Joint Venture Counsel
KSDB provides advice and assistance with respect to various issues involving the establishment, management and governance of physician joint ventures such as ambulatory surgical centers, imaging centers and permissible space and equipment sharing arrangements. Some of these joint ventures involve hospitals and/or other third parties, while some of these joint ventures include only physicians. KSDB assists providers in determining whether entering into such a joint venture makes economic sense for them and will aid in the establishment and operation of the venture on a legally and regulatory complimentary manner.

Practice Merger Counsel
KSDB provides guidance concerning the mergers of practices. These services include our evaluating the feasibility and opportunities for merger; negotiating and drafting the documents; conducting and coordinating legal and business due diligence review; negotiating and preparing the agreements needed pre-merger and post-merger; facilitating and advising relative to issues such as compensation, governance, and evaluation of what each party is bringing into the new entity; analyzing and advising as to the impact of health care regulatory and tax issues; deciding what entity form to use and setting up the desired entity.

Practice Sales and Acquisition Counsel
KSDB represents professionals in connection with sales of practices and facilities to hospitals, health care systems, for-profit and non-profit companies, other practitioners and third party payors. The Firm’s attorneys have represented numerous individuals and groups in connection with sales of medical practices to the University of Pennsylvania Health System, the former Allegheny Health System, Jefferson Health System, Great Valley Health, Children's Hospital of Pennsylvania, Lehigh Valley Hospital and Health Network, Crozer-Keystone Health Network, HealthSpring and other non-profit and for-profit buyers. KSDB has also assisted in the acquisition of several primary care and specialty practices on behalf of community hospitals and health systems. Our services include negotiating and drafting practice acquisition documents, conducting and coordinating legal and business due diligence review, negotiating and preparing employment agreements, evaluating the economic arrangements, and analyzing the impact of health care regulatory issues, such as fraud and abuse, Stark II, private inurement and corporate practice of medicine, and establishing assignment accounts with third party payors. The Firm is also able to assist in any real estate sales that may accompany the practice sale or acquisition.

Regulatory Health Care Business Counsel
KSDB is knowledgeable about many legal and regulatory provisions that relate to physicians, dentists and other health care providers, including but not limited to provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), privacy and security of patient medical records and the submission of electronic claims to third party payors, regulations promulgated by the U.S. Department of Health and Human Services or state professional boards, the operation of the National Practitioner Data Bank and the health care Integrity and Protection Data Bank and state laws governing minimum requirements for the maintenance of professional liability (malpractice) insurance.

Reimbursement and Audit Counsel
KSDB provides advice and analysis of reimbursement and payment issues facing its clients, including those related to claims made for payment to Medicare and private third party payors. KSDB assists its clients in analyzing payment issues, including responding to Medicare and third party payor audits and chart reviews, disclosing overpayments and disclosing potential false claims. KSDB engages consultants as needed to assist in auditing the coding aspects of reimbursement issues faced by its clients, including those related to overpayments and those discovered during routine compliance audits. KSDB has negotiated on behalf of various health care providers with Medicare carriers and private third party payors such as Blue Cross and Blue Shield organizations concerning the reimbursement for services rendered.

Tax, Retirement and Estate Planning Counsel
KSDB provides individual and entity tax planning; implementation of qualified retirement and medical expense reimbursement plans; qualified plan accounting and Form 5500 filings; estate administration and planning, including drafting wills, trusts and powers of attorney. KSDB also establishes non-profit, tax-exempt entities.