Office:  908.272.0200

Facsimile:  908.272.0909

jlinder@dughihewit.com

Practice Areas

Areas of Concentration

  • Physician Alignment, Joint Ventures, M&A
  • Vendors, Procurement, Supply Chain
  • Pharmaceuticals, Biologics, Medical Devices
  • Reimbursement, Payor Relations
  • Licensure & Credentialing
  • Regulatory Compliance, Fraud & Abuse
  • Privacy & Security
  • Academic & Research
  • Tax-Exempt Organizations

Certifications

  • Seton Hall University School of Law, Health & Hospital Graduate Certificate, Compliance Issues for Healthcare Providers
  • Apexus Advanced 340B Operations Certificate

Leadership & Professional Memberships

  • American Health Lawyers Association, Lead Coordinator, Fraud and Abuse Practice Group
  • New Jersey State Bar Association, Health Law Section, Chair, Publications Committee (2016)

Bar Admissions

  • New Jersey
  • New York
  • United States District Court for the District of New Jersey
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York

Areas of Concentration

Physician Alignment, Joint Ventures, M&A

  • Physician Alignment Transactions (including Employment, Professional Services, Physician Recruitment, Management Services, Space Lease, Asset Purchase, Equipment Lease, Employee Lease and Time-Share Agreements)
  • Stark and Anti-Kickback-compliant Physician Incentive Programs
  • Joint Venture Arrangements between Hospitals and Physicians and among other Healthcare Entities
  • Healthcare Entity Mergers, Acquisitions and Affiliations

Vendors, Procurement, Supply Chain

  • Vendor Contracts, Supply Chain & Procurement (with a focus on pay-for-performance criteria)
  • Software as a Service Agreements & Health Information Technology
  • Equipment Service & Maintenance Agreements
  • Group Purchase Organization Contracting

Pharmaceuticals, Biologics, Medical Devices

  • Specialty Pharmacy Workflow and Outsourcing
  • Specialty Pharmacy Data Programs and Hub Services Arrangements
  • Market Access
  • Prescription Fulfillment
  • Patient Assistance Programs and Co-Payment Coupons
  • Drug Distribution & Purchasing Contracts
  • Pharmacy Dispensing Software
  • PhRMA and AdvaMed Code Compliance
  • 340B Drug Program (Recipient of 340B Advanced Operations Certification)

Reimbursement, Payor Relations

  • Governmental and Commercial Payor Reimbursement Criteria
  • Payment Disputes
  • Managed Care Contracts
  • Telehealth
  • Readmissions Reduction Programs
  • Delivery System Reform Incentive Payment Programs

Licensure & Credentialing

  • State Licensure & Certificates of Need
  • Accreditation Bodies
  • Professional Review Actions & Credentialing
  • Institutional and Medical Executive Committee Bylaws

Regulatory Compliance, Fraud & Abuse

  • Compliance with Federal and State Insurance Fraud, False Claims, Anti-Kickback and Self-Referral Laws, including Conducting Internal Compliance Investigations
  • Reporting and Returning of Federal Healthcare Program Overpayments & Self-Disclosure Protocols
  • Medicare and Medicaid Exclusion, Revocation and Sanctions
  • Compliance with Conditions of Participation and Payment
  • Qui Tam Litigation
  • Home Health and Hospice Compliance
  • CMS Quality Payment Program (including Merit Based Incentive Payments System (MIPS) and Alternative Payment Models (APM))

Privacy & Security

  • Risk Assessments
  • Policies and Procedures
  • Breach Investigation and Notification (HIPAA/HITECH, 42 CFR Part 2, FTC & State Law)
  • PHI Deidentification
  • Electronic Medical Records, Meaningful Use (now the Advancing Care Information component of CMS’ Quality Payment Program)
  • Business Associate and Business Associate Subcontractor Agreements

Academic & Research

  • Resident Rotation Agreements
  • Clinical Research/Trial Agreements

Tax-Exempt Organizations

  • Compliance with IRS Management Service Contracts Safe Harbor for Qualified Tax-Exempt Bonds
  • Intermediate Sanctions