Welcome to Wachler & Associates - Experienced Nationally Recognized Healthcare Lawyers

In today’s regulatory environment, healthcare providers face unique challenges and need lawyers who understand both the business of healthcare and the variety of rules and regulations that must be followed to prosper in the healthcare industry. At Wachler & Associates, P.C., we are a group of experienced health law attorneys who have represented healthcare providers nationwide for over 25 years. We invite you to explore our site to better understand our health law practice and the ways that our attorneys can help you as a health care provider or health care entity to face the special challenges presented by the current regulatory environment. While located in Royal Oak, Michigan, we represent providers on a nationwide basis, from California to New York and everywhere in between, and have done so for almost three decades. We have successfully represented a wide variety of healthcare providers including physicians, hospitals, home health agencies, skilled nursing facilities (SNFs), ambulatory surgery centers (ASCs), physician organizations (POs), physician hospital organizations (PHOs), accountable care organizations (ACOs), independent diagnostic testing facilities (IDTFs), medical device and equipment suppliers, and more.

Our attorneys tailor services to address clients’ specific needs. Whether you are facing significant legal challenges, proactively structuring your healthcare business to comply with rules and regulations, or simply need a “go to” firm for day-to-day legal guidance, we provide efficient and effective legal representation tailored to your individual needs. Our innovative thinking often offers strategies and approaches that others have not considered.

The lawyers of Wachler & Associates, P.C. specialize in all areas of healthcare law. We guide our clients through the legal aspects of health care so that they can focus on patient care. Our team of attorneys will tackle your legal issues with your best interests in mind and will do everything we can to present a solution tailored to your unique legal challenges. We have extensive experience representing providers in all areas of healthcare law, including:

Health Care Business Transactions

When structuring business transactions, many regulations must be taken into account and special considerations must be given to due diligence. Our attorneys are experienced at helping health care providers and health care entities structure business transactions in a way that is both compliant with the regulations and that meets their business needs. Whether you are purchasing, selling, restructuring or forming a new entity or joint venture, our experienced health law attorneys can lead you through the process – from planning the structure and analyzing the regulatory implications to drafting the required corporate and transactional documents.

Compliance

The implementation and maintenance of an effective compliance program minimizes business risk for your health care entity by creating a culture of compliance to keep you and your business in compliance with applicable laws. Our attorneys can guide you through this process, from assessing risk, to policy development, to implementation of an effective compliance program. In addition to being a wise business decision in the current audit and regulatory landscape, recent changes have made compliance programs a requirement for certain provider types, such as skilled nursing facilities. Our firm can help your health care business develop an effective compliance program that will meet the requirements outlined by healthcare reform and also help you to avoid overpayment allegations if audited.

Audits

Please click here to view our comprehensive RAC, Medicare, Medicaid and third party payor audit dedicated site.

In order to combat the increasingly high cost of health care, the federal government and private payors are focusing more and more on targeting fraud in the health care industry. This has resulted in a significant recent increase in the number of Medicare, Medicaid and third party payor audits. Unfortunately for providers, the auditors cast a large net and as a result, no provider is immune from a Medicare, Medicaid or third party payor audit. Lawyers who are experienced in defending Medicare, Medicaid and other third party payor audits can help you to navigate the often frustrating appeals process. In more than 25 years of representing healthcare providers and entities nationwide, we have defended thousands of audits on behalf of our clients. Even though providers may be overwhelmed by the notice of an alleged “overpayment,” guidance from our experienced attorneys can help ease confusion and stress.

Our audit defense team provides a wide-range of services for providers experiencing an audit. We can be involved in every step of the process, including handling all levels of the appeals submissions, or we can assist you by drafting templates for submission at different levels of appeals. Our lawyers are available to represent clients during the day-to-day communications with the various contractors involved in the audit appeals process. In our experience, we have witnessed firsthand the burdens associated with communicating with contractors and addressing the errors contractors often make throughout the audit and audit appeals processes. Our lawyers can help successfully navigate discussions with the contractors to attempt to remedy and mitigate contractor errors.

Stark / Fraud & Abuse

The business of healthcare necessarily involves the navigation of complicated regulations, including the federal physician self-referral prohibition, also known as the Stark law, the federal Anti-Kickback Statute, and a variety of state fraud and abuse laws. Our firm has been advising clients on the Stark law since its inception in 1995 through its evolution, and our experienced attorneys can help analyze whether the Stark law applies to your situation and, if so, whether an exception to Stark is available for your arrangement. In addition, our team of health care attorneys has vast experience in advising clients on, and analyzing relationships under, the Anti-Kickback Statute. Our lawyers regularly assist clients in structuring business arrangements, contractors, policies and procedures to comply with both federal and state fraud and abuse laws.

In addition to federal and state anti-kickback laws and self-referrals laws, health care providers and entities may be further restricted by billing rules (e.g., the Anti-Markup Rule), Medicare conditions of participation or certification, notice requirements, corporate practice of medicine doctrines, and fee-splitting prohibitions, among other applicable regulations. The attorneys at Wachler & Associates have over 25 years of experience in navigating such complex areas.

Our team of experienced attorneys is prepared to guide you through the process of structuring and maintaining your healthcare business to comply with the complicated laws that regulate this area of healthcare.

HIPAA

While health care providers generally understand the need to maintain the confidentiality of patient information, it is often difficult to comply with the extremely complicated HIPAA Privacy and Security rules. The attorneys at Wachler & Associates, P.C. have been advising clients on HIPAA Privacy and Security compliance ever since the publication of the HIPAA Privacy Rule 2000. The HIPAA Privacy and Security Rules were recently amended by the HITECH Act and the recently issued Final Omnibus Rule. Our health care attorneys continue to advise clients regarding the necessary changes required by the revisions to HIPAA Privacy, as well as the Breach Notification Rule. We can assist with the development of HIPAA Privacy and Security policies, as well as documentation and support for the risk assessment/risk management process. Our attorneys are also available for consultation when day to day HIPAA compliance issues present themselves, such as helping to make determinations as to whether a requested disclosure is permissible or whether breach notification is required.

Because HIPAA has been expanded to reach “business associates”, we often represent entities that provide support for the health care industry and assist with the drafting of business associate agreements, as well as business associate subcontractor or “downstream business associate” agreements.

Other Practice Areas

In addition, we have significant experience with licensing, staff privileges, credentialing, supply chain and purchasing and general healthcare counsel. Please visit our practice area pages to learn more about each area.

We encourage you to explore our website to learn how Wachler & Associates, P.C. can help you face your unique healthcare legal challenges. When looking for a lawyer for your health care issues, we hope that you will consider us. We look forward to the opportunity to work with you.

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