Practice Description
Prior Health Law Practice Representing Health Care Clients. Mr. Roth provided legal services for numerous physicians/physician groups/other licensed practitioners, including in matters of governance, reimbursement and Medicare compliance, physician practice purchases, contracting, vendor disputes, employment issues, negotiating partnership/employment/recruitment/medical services agreements with hospitals, health plans, and other physician groups, and seeking OIG advisory opinions. In particular, Mr. Roth: (i) served as outside healthcare counsel of a health care plan in matters of regulatory compliance, contracting, and medical staff; (ii) served as outside general counsel for acute/subacute/long-term/hospice facilities, which included his preparing/negotiating a wide range of contracts, governance, reimbursement, drafting policies/procedures/forms, preparing hospital-based management agreements, negotiating sale of businesses, zoning, real estate and IP issues, tax-exemption matters, non-disclosure agreements and protection of trade secrets; (iii) served as outside general counsel for home health agencies and for psychiatric hospital chain, which included representing clients on regulatory compliance, contracting/managed care contracting, governance, reimbursement, and preparation of forms/policies: (iv) served as an outside special counsel to advise on regulatory compliance respecting hospitals’ building/structuring condominium MOB for lease/sale of units to physicians (v) represented two dozen independent physicians establishing joint venture vascular surgery clinic, and represented another vascular surgery practice on their establishing an accredited ambulatory surgery center (“ASC”) and enrolling it as a certified ASC in the Medicare Program. Over the years, Mr. Roth, in addition to the foregoing, prepared many dozen contracts of all types for clients across the board, in addition to those referenced above.
In addition, Mr. Roth represented many healthcare clients in litigation, arbitration, mediation, and administrative proceedings. Specific examples of this portion of Mr. Roth’s prior practice include his: (i) representing an inpatient facility in a civil action against a state licensing agency for unconstitutional disparate oversight; (ii) representing a cardiologist in arbitration for wrongful exclusion from an IPA; (iii) representing physicians/practitioners against disciplinary actions by state licensing boards; (iv) advising a medical device company on payment issues under the Medicaid Program; (v) representing physicians from private/governmental payor terminations; (vi) representing ER physicians against OIG’s EMTALA charges; (vii) representing a hospital-based tissue typing laboratory in administrative proceeding to recover denied costs; (viii) representing subacute care facilities which admitted long-term patients without adequate funding by preparing liens against patients’ recovery in patients’ third party tort actions and collecting on the liens; and (ix) representing healthcare businesses in construction disputes.
Prior General Law Practice Representing Healthcare Clients. Mr. Roth represented healthcare clients on an array of matters applicable to businesses in general and not limited to those in health care. In this regard, Mr. Roth’s practice focused on governance and operations; statutory and regulatory compliance; contracting; joint ventures and transactions; and business disputes.
Examples of these legal services included:
Assisting clients to organize or reorganize their businesses which included, inter alia, preparing and filing organizational documents such as articles of incorporation/organization and bylaws/operating agreements (and amendments) and obtaining business licenses and tax numbers.
Preparing partnership, shareholders, stock purchase, and recruitment agreements.
Preparing and negotiating contracts and various other documents related to ongoing business operations such as vendor contracts, independent services agreements, naming rights/spokesperson agreements, CEO agreements, settlement agreements, lien agreements, joint venture agreements, services agreements, and letters of intent.
Advising and representing clients on employment issues including employment agreements, wage and benefit matters, workplace harassment and discrimination complaints/compliance, employee theft and embezzlement matters, EEOC complaints, and wrongful discharge claims.
Property law issues such as purchase and sale agreements, leases and subleases, zoning issues, and easements.
Intellectual property issues such as advising clients on selecting names for new businesses, filing applications to obtain copyrights and trademarks, responding to third-party infringement claims, preventing third parties from infringing on clients’ intellectual property rights, and preparing releases for use of photographs and personal names/likeness information.
Purchasing and selling of businesses.
Advising clients on purchasing and leasing hardware and software systems/licenses and related third-party vendor contracting.
Assisting clients in financial submissions which included responding annually to auditor’s requests for information, assisting clients in submitting forms/paperwork to obtain SBA and other loans, and submitting filings with state tax authorities.
Assisting clients on tax-exemption matters which included preparing/filing federal/state applications for public charity tax-exempt status, advising clients on maintaining their tax-exempt status, and serving as borrower’s counsel on tax exempt bond financings/giving opinions of borrower’s legal counsel.
Assisting clients on matters related to insurance which included obtaining the right types/amounts of insurance coverage, advising clients on these insurance issues, and submitting claims.
Representing clients in business disputes with third parties, including construction disputes and various breach of contract matters involving, among others, third party consultants and vendors.