John D. Fanburg, Chair

Isabelle Bibet-Kalinyak, Vice-Chair

In today’s complex and ever-changing healthcare environment, providers and institutional healthcare businesses need trusted and experienced advisors to help them negotiate the myriad legal and business issues that arise in the course of practicing medicine and operating in the healthcare sector.

Brach Eichler pioneered the discipline of health law in New Jersey and has developed – and continues to cultivate – its reputation as a leader in health law representation.

Our deep bench of health law attorneys – 23 strong – represents individuals and businesses from every corner of the healthcare industry, encompassing both for-profit and non-profit entities. Our clients range from individual practitioners to large physician and dental groups, from hospitals and hospital systems to medical staff organizations, from physician specialty societies to healthcare trade associations, from long-term care facilities to home health and hospice agencies, and from substance use disorder treatment facilities to ambulatory surgery centers and other outpatient facilities. Our attorneys have significant experience with matters and regulations affecting all healthcare providers and businesses.

Knowledgeable across a very extensive spectrum of issues, our attorneys deftly handle an array of healthcare business, transactional, licensure, compliance, white collar criminal, and litigation matters.

We are actively involved in all developments affecting healthcare industry participants, and have strong relationships with public officials and medical societies at both the state and national level. As such, we are able to effectively advocate on behalf of individual practitioners and healthcare facilities.

And as we help our clients adapt and respond to new economic and regulatory challenges, we tap and smoothly integrate other members of the Brach Eichler team in the areas of corporate tax, labor and employment, financial services, litigation, and real estate, among others.

The leading attorney ranking company, Chambers USA, cites clients who applaud Brach Eichler’s health law practice, “They provide an outstanding quality of service at an excellent price. They understand their clients, and if there is a job that needs doing they can be counted on to do it right.”

Our comprehensive representation to healthcare industry clients includes:

Institutional and Society Representation

  • General and outside legal counsel to hospitals and health systems
  • Counsel to nursing home and assisted living facility operators
  • General counsel to physician specialty societies

Outpatient Provider Representation

  • Representation of ambulatory surgery centers/ambulatory care facilities
  • Representation of urgent care facilities
  • Representation of federally qualified health centers
  • Representation of licensed healthcare facilities and operators, including radiology, lithotripsy, home health, hospice, dementia care homes, and substance use disorder treatment facilities

Other Provider Representation

  • Large and small physician organizations, practices, and individual physicians
  • Large and small dental organizations, practices, and individual dentists
  • Individual practitioners in other health and health-related professions

Corporate and Business Matters

  • Business entity formation, bylaws, operational agreements, buy-ins, buy-outs, and dissolution
  • Hospital and medical staff bylaws
  • Business taxation issues
  • Non-profit organization matters

Transactional Matters

  • Private equity transactions
  • Hospital-physician joint ventures
  • Healthcare business purchase and sale transactions, mergers, and acquisitions
  • Structuring mergers/consolidation of physician practices and healthcare facilities
  • Due diligence review
  • Drafting and negotiation of vendor, employment, contractor, and restrictive covenant agreements
  • General contracting matters
  • Leasing matters (real estate, equipment, personnel or otherwise)

Provider Reimbursement Matters

  • Managed care and other payor contracting
  • Medicare and Medicaid issues
  • Audits and Investigations
  • Litigation
  • Appeals

Compliance Matters

  • HIPAA and privacy/confidentiality matters, including policies, training, breach and security incident response, reporting requirements, and government investigations
  • Corporate compliance program development, implementation, and training
  • Compliance investigations
  • Review and preparation of policies and procedures
  • Healthcare compliance reporting matters

White Collar Criminal Matters

  • Fraud and abuse investigations, allegations, and indictments
  • Racketeering and money laundering schemes
  • Labor and unemployment fraud
  • Environmental crimes
  • Government investigations and administrative hearings

Dispute and Litigation Matters

  • Shareholder/member disputes
  • Contract/transactional disputes
  • PIP arbitrations
  • Complex insurance litigation
  • Hospital medical staff privileges dispute
  • Litigation under the state and federal anti-kickback and fraud abuse statutes
  • Defense of healthcare providers under the New Jersey Insurance Fraud Prevention Act

Professional Licensing and Medical Staff Matters

  • Professional licensing board matters
  • Medical staff hearings

Other Matters

  • Guardianships
  • Patient care issues
  • Telemedicine and telehealth
  • Protection of intellectual property
  • Cannabis industry matters
  • Healthcare employment matters

HIPAA, Data Privacy and Cybersecurity

Brach Eichler’s healthcare law attorneys have carefully tracked and mastered the various laws and regulations concerning data privacy and security, including HIPAA, 42 C.F.R. Part 2 (federal regulations governing the confidentiality of substance use disorder patient information and records), and various other federal and state laws and regulations governing data privacy and security, cybersecurity threats, identity theft, and breach notification. We provide authoritative counsel to our clients as they undertake the associated demanding compliance obligations. Our goal is always to reduce each client’s burdens by simplifying and streamlining required processes, actions and responses.

Our dedicated team follows a multidisciplinary approach, utilizing the expertise of our healthcare law, privacy and security, compliance, and technology attorneys in order to provide our clients with subject-matter expertise and the competent counsel they have come to know and trust. When needed, our litigation team can be pulled in on a moment’s notice.

Services include:

Healthcare Data Privacy and Security Compliance and Counseling

  • Privacy and security compliance program and policies
  • Privacy and security training
  • Ongoing counsel and advice

Privacy and Security Breach Investigation and Response

  • Support and guidance in responding to privacy or security complaints
  • Guidance and assistance in navigating through a data privacy or security breach incident—whether large or small
  • Assistance in breach notification to individuals, the media, and government agencies
  • Assistance in responding to government agency investigations and avoiding fines or negotiating settlements

Government Audit and Response

  • Assistance in responding to government agency privacy and security audits
  • Assistance in avoiding fines or negotiating settlements

Mergers and Acquisitions/Due Diligence

  • Help in identifying privacy and security risks for planned business sales, mergers and acquisitions
  • Transactional and corporate support in due diligence and contract negotiation

Litigation Support

  • Representation of clients in data privacy and security lawsuits and investigations

Representative Matters

  • Prepared HIPAA Privacy Rule and HIPAA Security Rule policy and procedure manuals for numerous clients
  • Provided HIPAA privacy and security training to numerous clients
  • Acted as outside counsel to large, multiple-office, multi-state medical practice to coordinate with the Privacy and Security Officers on all privacy and security complaint and breach investigations and response matters
  • Assisted multiple clients in investigating and responding to patient or employee privacy complaints
  • Assisted multiple clients in investigating and responding to employee privacy and security breaches
  • Assisted multiple clients in data breaches involving patient information that became public-facing on the internet, including investigation, breach notification to affected individuals, the media, and the government, and in responding to government document and information demands and negotiating a resolution
  • Assisted radiology practices in security breach incidents involving PACS radiology imaging server, including investigation, breach notification to affected individuals, the media, and the government, and in responding to government document and information demands and related matters

*Results may vary depending on your particular facts and legal circumstances.

Our Promise
+

At Brach Eichler, we are committed to a dynamic and meaningful partnership with our clients. We move forward with a shared vision carefully crafted and thoughtfully implemented with pragmatism. Together, we achieve success.

Insights
+
Alerts Icon Alerts, June 19, 2024
Additional testing June 19

Additional testing June 19

News Icon B|E in the News, April 2, 2024
John D. Fanburg Quoted in Modern Healthcare

Press Release Icon Firm Announcements & Wins, April 1, 2024
Brach Eichler LLC Promotes Ten Attorneys

Press Release Icon Firm Announcements & Wins, April 1, 2024
Brach Eichler LLC Announces Its Executive Committee

Newsletters Icon Newsletters, April 1, 2024
Healthcare Law Update – March 2024

Articles Icon Articles, March 31, 2024
Change Healthcare Data Breach

Press Release Icon Firm Announcements & Wins, March 21, 2024
Brach Eichler LLC Promotes Ten Attorneys

Newsletters Icon Newsletters, February 28, 2024
Healthcare Law Update – February 2024

Articles Icon Articles, February 28, 2024
NJ Governor Passes Data Privacy Act

Newsletters Icon Newsletters, February 1, 2024
Healthcare Law Update – January 2024

Articles Icon Articles, January 31, 2024
CMS Finalizes Prior Authorization Rule

Articles Icon Articles, January 31, 2024
Pandemic Rules/Waivers Revoked

Articles Icon Articles, November 30, 2023
Pandemic Rules/Waivers to be Revoked

Newsletters Icon Newsletters, November 30, 2023
Healthcare Law Update – November 2023

Articles Icon Articles, October 31, 2023
Princeton Nursing Home Abruptly Closes

Newsletters Icon Newsletters, October 31, 2023
Healthcare Law Update – October 2023

Newsletters Icon Newsletters, September 30, 2023
Healthcare Law Update – September 2023

Articles Icon Articles, September 30, 2023
MOVEit Data Breaches Abundant

News Icon B|E in the News, September 5, 2023
Tips on Security Camera Compliance

Newsletters Icon Newsletters, September 1, 2023
Healthcare Law Update – August 2023

Newsletters Icon Newsletters, August 2, 2023
Healthcare Law Update – July 2023

News Icon B|E in the News, July 26, 2023
2023 Law Power 50: A – H

Articles Icon Articles, June 30, 2023
Stiff Price to Pay for Snooping

Newsletters Icon Newsletters, June 30, 2023
Healthcare Law Update – June 2023

Press Release Icon Firm Announcements & Wins, June 8, 2023
Brach Eichler Earns Top Rankings in Chambers USA for 2023

Newsletters Icon Newsletters, June 1, 2023
Healthcare Law Update – May 2023

Newsletters Icon Newsletters, March 30, 2023
Healthcare Law Update – March 2023

Events Icon Events, February 17, 2023
Telling It Like It Is

Articles Icon Articles, February 7, 2023
Hospital at Home Act Introduced

News Icon B|E in the News, February 2, 2023
Brach Eichler promotes seven attorneys to member

Newsletters Icon Newsletters, January 31, 2023
Healthcare Law Update – January 2023

Articles Icon Articles, December 29, 2022
Cyber-Awareness During the Holidays

Newsletters Icon Newsletters, November 30, 2022
Healthcare Law Update – November 2022

News Icon B|E in the News, November 7, 2022
How to handle a medical board complaint

Newsletters Icon Newsletters, October 31, 2022
Healthcare Law Update – October 2022

Newsletters Icon Newsletters, September 30, 2022
Healthcare Law Update – September 2022

News Icon B|E in the News, August 8, 2022
Private equity changing hospital employment

Newsletters Icon Newsletters, June 23, 2022
Healthcare Law Update – June 2022

Newsletters Icon Newsletters, April 1, 2022
Healthcare Law Update – March 2022

Press Release Icon Firm Announcements & Wins, April 1, 2022
Brach Eichler LLC Promotes Ten Attorneys

Firm welcomes eight lawyers to membership and two to counsel!

Newsletters Icon Newsletters, February 28, 2022
Healthcare Law Update – February 2022

Events Icon Events, February 25, 2022
Webinar: Considerations for M&A Transactions in the Healthcare Industry

March 9, at 12:00 p.m.

Newsletters Icon Newsletters, February 7, 2022
2021 Healthcare Law Year in Review

Events Icon Events, February 1, 2022
Webinar: Federal Stark Law and Anti-Kickback Statute Changes for 2022 and Beyond

Tuesday, March 15 at 12:00 p.m.

Newsletters Icon Newsletters, December 29, 2021
Healthcare Law Update – December 2021

Events Icon Events, December 8, 2021
Brach Eichler’s 2022 New Jersey Healthcare Market Review

May 11-12, 2022 at the Borgata Hotel Casino & Spa in Atlantic City, NJ

Newsletters Icon Newsletters, November 30, 2021
Healthcare Law Update – November 2021

Events Icon Events, November 14, 2021
Isabelle Bibet-Kalinyak – Show Me The Money! Simulation of Vision Care M&A Transaction

American Academy of Ophthalmology's 2021 Conference, November 2021

Events Icon Events, November 13, 2021
Isabelle Bibet-Kalinyak – Private Equity Investors 2021: Game On!

American Academy of Ophthalmology's 2021 Conference, November 2021

Newsletters Icon Newsletters, October 28, 2021
Healthcare Law Update – October 2021

Events Icon Events, October 21, 2021
Lani M. Dornfeld – Best Practices in Getting Ready for a Buy/Sell Transaction Today

Home Care & Hospice Association of NJ Virtual Conference, October 2021

Newsletters Icon Newsletters, September 30, 2021
Healthcare Law Update – September 2021

Press Release Icon Firm Announcements & Wins, August 19, 2021
Seventeen Brach Eichler Attorneys Included in The Best Lawyers in America© 2022

Six Brach Eichler Attorneys Included in “Ones to Watch” – Two New to the List!

Newsletters Icon Newsletters, July 29, 2021
Healthcare Law Update – July 2021

Newsletters Icon Newsletters, June 30, 2021
Healthcare Law Update – June 2021

Newsletters Icon Newsletters, May 27, 2021
Healthcare Law Update – May 2021

Newsletters Icon Newsletters, April 28, 2021
Healthcare Law Update – April 2021

Newsletters Icon Newsletters, March 31, 2021
Healthcare Law Update – March 2021

Press Release Icon Firm Announcements & Wins, March 23, 2021
17 Brach Eichler Members Included in 2021 New Jersey Super Lawyers

Twelve Attorneys also Named to New Jersey Rising Stars List This Year

Press Release Icon Firm Announcements & Wins, March 4, 2021
Brach Eichler LLC Promotes Four Attorneys to Counsel

Newsletters Icon Newsletters, February 25, 2021
Healthcare Law Update – February 2021

Newsletters Icon Newsletters, February 1, 2021
Healthcare Law Update – January 2021

Newsletters Icon Newsletters, December 30, 2020
Healthcare Law Update – December 2020

Newsletters Icon Newsletters, October 29, 2020
Healthcare Law Update – October 2020

Newsletters Icon Newsletters, September 29, 2020
Healthcare Law Update – September 2020

Newsletters Icon Newsletters, August 31, 2020
Healthcare Law Update – August 2020

Newsletters Icon Newsletters, July 31, 2020
Healthcare Law Update – July 2020

Events Icon Events, July 21, 2020
Webinar: PPP Considerations for Healthcare

On-demand

Newsletters Icon Newsletters, June 29, 2020
Healthcare Law Update – June 2020

Newsletters Icon Newsletters, May 21, 2020
Healthcare Law Update – May 2020

Newsletters Icon Newsletters, April 8, 2020
Healthcare Law Update – April 2020

Newsletters Icon Newsletters, February 27, 2020
Healthcare Law Update – February 2020

Articles Icon Articles, February 18, 2020
A Conversation With Keith Roberts

Newsletters Icon Newsletters, January 23, 2020
2019 Healthcare Law Year in Review

Events Icon Events, January 15, 2020
Carol Grelecki and Bob Kasolas – Regulatory Update and Pitfalls of Social Media for Healthcare Providers

New Jersey Association of Ambulatory Surgery Centers' Quarterly Meeting

Newsletters Icon Newsletters, January 3, 2020
Healthcare Law Update – January 2020

Newsletters Icon Newsletters, November 27, 2019
Healthcare Law Update – November 2019

Newsletters Icon Newsletters, October 30, 2019
Healthcare Law Update – October 2019

Newsletters Icon Newsletters, October 4, 2019
Healthcare Law Update – September 2019

Newsletters Icon Newsletters, August 29, 2019
Healthcare Law Update – August 2019

Newsletters Icon Newsletters, July 26, 2019
Health Law Update – July 2019

Alerts Icon Alerts, July 3, 2019
June 2019 Health Law Alert

Newsletters Icon Newsletters, June 28, 2019
Health Law Update – June 2019

Events Icon Events, May 31, 2019
John D. Fanburg – What’s In It For Me? Tips on How to Get the Best Employment Contract

New Jersey Obstetrical & Gynecological Society

Newsletters Icon Newsletters, May 8, 2019
Health Law Update – May 2019

Newsletters Icon Newsletters, April 9, 2019
Health Law Update – April 2019

Alerts Icon Alerts, April 4, 2019
April 2019 Health Law Alert

Articles Icon Articles, April 4, 2019
Dornfeld in HCAF Magazine on Data Breaches and Privacy

The Florida Home Care Connection

Events Icon Events, April 3, 2019
REGISTER NOW for the 10th Annual NJ Healthcare Market Review

SEPTEMBER 18-19, 2019 Borgata Hotel Casino & Spa Atlantic City, NJ Early registration is now open at: www.njhmr.com. Register by June 30 to receive a 10% discount. Detailed invitation and agenda to follow. Sponsorship opportunities are available. Contact Alexis De Jesus at 973.364.8343 or adejesus@bracheichler.com for more information.

Articles Icon Articles, March 25, 2019
Lani M. Dornfeld Certified in Healthcare Privacy Compliance

South Florida Hospital News

Articles Icon Articles, March 11, 2019
Lani M. Dornfeld Certified in Healthcare Privacy Compliance

Health Care Alert

Newsletters Icon Newsletters, February 26, 2019
Health Law Update – February 2019

Videos Podcasts Icon Videos & Podcasts, February 8, 2019
Fanburg Addresses Balance Billing on NAHU Podcast

NAHU

Articles Icon Articles, February 6, 2019
Roberts in Law360 On Appellate Victory

Law 360

Alerts Icon Alerts, January 30, 2019
January 2019 Health Law Alert

News Icon B|E in the News, January 29, 2019
Drs. Godkar and Prakash Win 2018 Eichler Awards

Newsletters Icon Newsletters, January 27, 2019
Health Law Update – January 2019

Newsletters Icon Newsletters, January 15, 2019
2018 Health Law Year in Review

Articles Icon Articles, December 21, 2018
Claims of Kickbacks Based on Physician Salaries Signals a Need for Increased Compliance Efforts

Health Law Updates, Florida Bar Health Law Section

Newsletters Icon Newsletters, December 5, 2018
Health Law Update – December 2018

Articles Icon Articles, November 15, 2018
Insurer Must Face Fraud Claim Over Release, 3rd Circ. Says

Law360, (quoted in)

News Icon B|E in the News, November 11, 2018
Dornfeld Addresses HCAF Members on Medicare Issues

Events Icon Events, November 7, 2018
State of the NJ Healthcare Industry

SAX LLP's Annual Healthcare Industry Update

Events Icon Events, November 7, 2018
Revisions to Medicare Home Health Moratoria Access Waiver Demonstration

Home Care Association of Florida

Newsletters Icon Newsletters, November 5, 2018
Health Law Update – November 2018

News Icon B|E in the News, November 2, 2018
Brach Eichler Named A Best Law Firm in NJ

Events Icon Events, November 2, 2018
How Prior Authorization Affects the Quality of Healthcare

NJOGS Semi-Annual Meeting

Newsletters Icon Newsletters, October 20, 2018
Health Law Update – October 2018

Press Release Icon Firm Announcements & Wins, October 16, 2018
Brach Eichler Adds Five Attorneys in Key Practices

Articles Icon Articles, September 24, 2018
Telehealth and the Law: Addressing the Risks

Medical Economics

Articles Icon Articles, September 21, 2018
Among NJ Top 40 Law Firms, Revenue Growth More Common Than Population Growth

New Jersey Law Journal (quoted in)

Articles Icon Articles, September 12, 2018
Telehealth and the Law: The Challenge of Reimbursement

Medical Economics

Events Icon Events, September 10, 2018
Healthcare – Will It Be the Next Meltdown Like Retail?

New York Institute of Credit

Articles Icon Articles, September 7, 2018
Telehealth and the Law: How Policy Shapes the Marketplace

Medical Economics

Newsletters Icon Newsletters, September 5, 2018
Health Law Update – September 2018

Articles Icon Articles, August 10, 2018
Changes Expected to Come to the Stark Law as CMS Seeks Public Input

Health Law Updates, Florida Bar Health Law Section

Newsletters Icon Newsletters, August 5, 2018
Health Law Update – August 2018

Events Icon Events, July 31, 2018
Contracts With SUPERHERO Protections: Employment, Independent Contractor, and Restrictive Covenant Agreements

Home Care Con '18, Home Care Association of Florida

Newsletters Icon Newsletters, July 5, 2018
Health Law Update – July 2018

Events Icon Events, June 1, 2018
Healthcare Reform

The New Jersey Obstetrical and Gynecological Society Annual Meeting

Articles Icon Articles, June 1, 2018
Murphy Signs Out-of-Network Health Care Cost Bill

NJTV News (quoted in)

Events Icon Events, June 1, 2018
CLE on Compliance Tips for Medical Practice Collaborations

Presented to the Bergen Bar Association

Newsletters Icon Newsletters, June 1, 2018
Health Law Update – June 2018

Events Icon Events, May 1, 2018
CLE on Litigation Discovery Involving Protected Health Information

Presented to the New Jersey Defense Association

Newsletters Icon Newsletters, May 1, 2018
Health Law Update – May 2018

Articles Icon Articles, April 17, 2018
OIG Audits the Accuracy of Hospital Credit Reporting in Claim

Health Law Updates, Florida Bar Health Law Section

Articles Icon Articles, April 12, 2018
Assembly Passes Controversial ‘Out-of-Network’ Bill

NJBIZ (quoted in)

Events Icon Events, April 6, 2018
Curiosity Killed the Cat & Other Common HIPAA Pitfalls

NJ Medical Group Management Association

Events Icon Events, March 15, 2018
Innovations in the Future of Healthcare

Rutgers EMBA Healthcare Symposium

Newsletters Icon Newsletters, March 5, 2018
Health Law Update – March 2018

Events Icon Events, March 3, 2018
Regulatory and Legal Update

Radiological Society of New Jersey Annual Meeting

Newsletters Icon Newsletters, February 15, 2018
Health Law Update – February 2018

Articles Icon Articles, February 13, 2018
Anesthesiologist Case May Lower Bar For Fla. Med Mal Suits

Law 360 (quoted in)

Articles Icon Articles, February 6, 2018
Murphy Ponders Modifying ‘Gift Ban’ for Docs

ROI-NJ (quoted in)

Newsletters Icon Newsletters, February 1, 2018
Health Law Update – 2017 Year in Review

Events Icon Events, January 31, 2018
Legislative and Regulatory Issues

NJ Association of Ambulatory Surgery Centers General Membership Meeting

Articles Icon Articles, January 31, 2018
N.J. Experts Not Shocked by Trio’s Health Care Plan

ROI-NJ (quoted in)

Events Icon Events, January 31, 2018
Curiosity Killed the Cat & Other Common HIPAA Pitfalls/HIPAA Business Associates: What’s the Big Deal?

NJ Association of Ambulatory Surgery Centers, General Membership Meeting

Articles Icon Articles, January 29, 2018
NJ Charity Care Ruling Could Spark Uptick In Patient Claims

Law360 (quoted in)

Events Icon Events, January 17, 2018
Home Health Employer Protections: Can You Improve Yours?

Home Care Association of Florida, Home Care Warm-Up

Articles Icon Articles, January 17, 2018
Gorrell and Collins in Becker’s Hospital Review on Opioid Crisis

Becker's Hospital Review

Newsletters Icon Newsletters, January 15, 2018
Health Law Update – January 2018

News Icon B|E in the News, January 11, 2018
Dornfeld Speaks at HCAF Winter Warm-up