Health Care Business Transactions

At Robinson+Cole, we recognize the unique nature of health care transactions, especially given the rapidly changing business and regulatory landscape. We are able to work on behalf of our clients within applicable regulatory constraints to structure a transaction in a manner to help them achieve their business objectives, whether these objectives are to buy a business, sell a business, form a joint venture, or start a new line of business. From initial business negotiations to post closing operations, we work to understand each client's business model and how each transaction helps that client succeed.

Robinson+Cole's Health Law Group handles a large number of business transactions for its clients, ranging from mergers and acquisitions of health systems to the acquisition of a single provider practice and everything in between. The Health Law Group is structured to bring the appropriate resources to bear, depending on the nature of the transaction. In addition, we are able to tap into the resources available in our other groups, such as real estate, environmental, antitrust, labor and employment, and intellectual property, to handle all aspects of a transaction.

    • Experience
      • Representation of physician hospital organization in connection with purchase of electronic medical record hardware and software, including fraud and abuse and tax exemption advice regarding donation of electronic medical record software and services by a hospital to physicians, structuring the transactions between the physician hospital organizations and the physician users and hospital donor and drafting and negotiating all contracts with the electronic medical record vendor and the physician users.
      • Regular representation of hospitals, integrated delivery systems, nursing homes, continuing care retirement communities, physician groups, outpatient clinics and other health care providers as outside general counsel. Regularly advise these clients in matters of corporate governance, contracts, regulatory compliance, corporate compliance, risk management, policies, fundraising and tax exemption, employment, labor and litigation. Work closely with senior management and/or general counsel in transactional and day-to-day risk management and operational issues.
      • Representation of tissue bank in connection with negotiations and drafting of distribution, supply, licensing, representation and other agreements; acquisition of substantially all of the assets of another tissue bank; creation of domestic and international joint venture; subsidiary arrangements for the provision of certain tissue products and services; and certain regulatory matters.
      • Regular representation of hospitals in connection with physician recruitment and retention matters, including advice regarding Stark exceptions, Anti-kickback safe harbors and tax exemption restrictions and drafting of income guarantees, loan forgiveness arrangements and employment agreements.
      • Representation of hospital in connection with formation of professional corporation for employment of physicians in private practice model.
      • Regular representation of hospitals, outpatient clinics, nursing homes and physician groups in connection with service contracts, including without limitation, contracts with providers of durable medical equipment, pharmacy, clinical laboratory, infusion services and staffing services.
      • Regular representation of hospitals and physician groups in connection with physician and mid-level provider employment agreements, including advice regarding Stark and Anti-kickback statute compliance, incentive compensation and gainsharing issues.
      • Representation of state’s only freestanding children’s hospital in certificate of need proceedings involving relocation of hospital, construction of new facility and combination of fragmented regional pediatric care.
      • Representation of hospital in certificate of need proceeding to secure major expansion of cardiac care to include open heart surgery and angioplasty.
      • Regular representation of hospitals and physician groups in connection with the formation of joint ventures.
      • Representation of purchaser of a continuing care retirement community that was under court-ordered receivership. Worked closely with the client to obtain the necessary regulatory approvals, including without limitation, registration with the Connecticut Department of Social Services and assisted living services agency licensure from the Connecticut Department of Public Health. Successfully negotiated with the Attorney General’s office regarding revisions to continuing care agreements. Prepared and negotiated several management and service contracts. Worked as part of the Robinson & Cole team to resolve issues related to labor and employment, real estate and contract negotiations.
      • Representation of developer of continuing care retirement community in connection with land use, zoning and construction matters.
      • Representation of home care agency in connection with acquisition of the assets of another home health care agency.
      • Representation of hospital in the development of a managed residential community and the licensing of an assisted living services agency, including without limitation, development of the assisted living services agreement, development and negotiation of a management agreement and development of policies.
      • Representation of a nursing home in connection with the acquisition of nursing home beds from a court-ordered receiver. Negotiated asset purchase agreement with receiver and worked closely with the client to obtain the necessary regulatory approvals, including without limitation, the approval of the Connecticut Department of Social Services.
      • Representation of substance abuse treatment center before municipal land use commissions in defending against zoning enforcement actions. Obtained order from federal court allowing clients to continue making off campus housing available to their patients. Regular preparation of, and advice to clients on, certificates of need and appear before the Connecticut Office of Health Care Access in connection with contested certificates of need.
      • Representation of tax exempt hospital in joint venture for outpatient endoscopy center, including negotiation of Operating Agreement, drafting of private placement memorandum for offering of membership units and subscription agreements and analysis of tax exemption and fraud and abuse issues.
      • Representation of joint venture between tax exempt hospital and physicians in connection with development and operation of ambulatory surgery center, including drafting Operating Agreement, drafting private placement memorandum and subscription agreements, fraud and abuse analysis, and drafting and negotiating land option agreement and lease, management agreement and anesthesiology service agreement.
      • Representation of hospital in the sale of its dialysis business, including, without limitation, negotiation of asset purchase agreement, lease documents, acute dialysis service agreement and certificate of need, the Connecticut attorney general conversion act, and Connecticut Department of Public Health approvals.
      • Representation of physician group in the formation of a joint venture with a hospital for outpatient radiology services, including drafting and negotiation of an Operating Agreement, management agreement, billing services agreement, imaging services agreement and lease agreement.
      • Regular representation of hospitals in connection with exclusive professional service agreements for radiology, anesthesiology, pathology and radiation oncology.
      • Representation of health services corporation in connection with liquidation of affiliated health maintenance organization before the Connecticut Insurance Department.
      • Representation of a continuing care retirement community in connection with restructuring and revising their continuing care contracts.
      • Representation of hospital in connection with acquisition of middleware software for electronic health records, including fraud and abuse and tax exemption advice in connection with the donation of such software to physicians.
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    • News
      • August 9, 2018

        Robinson+Cole Helps Facilitate Significant Transactional Health Deals

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          Robinson+Cole Helps Facilitate Significant Transactional Health Deals

          Transactional Health Law Group lawyers helped close two significant health transactions for Optimal Health Services and Dermatology and Surgery Associates. All aspects of the deals were led by the group’s co-chair Leslie J. Levinson, along with the support of a team that included Rickie M. Sonpal, who advised on corporate and transactional matters; Erica S. Youngerman, who advised on transactional and health care matters; and Christine E. Bromberg who advised on tax structuring and tax matters. “These transactions are significant because they represent the acquisition of meaningful platforms in sectors that have received considerable attention and interest from both strategic as well as private equity acquirers,” said Mr. Levinson. “We are thrilled to have been part of such important transactions.” Read more in the press release.

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      • June 29, 2017

        Les Levinson Speaks on Health Care Private Equity

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          Les Levinson Speaks on Health Care Private Equity

          Health Law and Business Transactions Group lawyer Leslie J. Levinson participated in and moderated a webinar entitled "Private Equity Investing in Health Care: Midyear Update" as part of a panel of health care industry professionals on June 27, 2017. Co-panelists were Slava Girzhel, a managing director at KeyBanc Capital Markets; John Pouchine, a principal at Pouchine Cook Capital Management, a midmarket private equity firm; and Eb LeMaster, a managing director at Ponder &Co., an investment bank catering to the hospital community. The presentation provided a succinct midyear update of private equity investing across the health care spectrum, along with insight into trends and the outlook for 2017.

      • May 10, 2017

        Les Levinson Presents at AHLA Health Care Transactions Conference

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          Les Levinson Presents at AHLA Health Care Transactions Conference

          Leslie J. Levinson, co-chair of the firm's Transactional Health Law Team, presented a program entitled "Fundamentals–The Art of the Deal: Getting Your Deal Done" during the Health Care Transactions program hosted by the American Health Lawyers Association (AHLA) from April 26 to 28, 2017, in Nashville, Tennessee. Among the topics covered in the program were how deals commence, due diligence and its role in health care transactions, drafting and negotiating key provisions of an acquisition agreement, and how to bridge difficult deal points.

      • May 3, 2017

        Les Levinson Speaks on Home Health and Hospice Transactions

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          Les Levinson Speaks on Home Health and Hospice Transactions

          Leslie J. Levinson, co-chair of the firm's Transactional Health Law Team, was a panelist for the webinar "Home Health & Hospice: Buying, Selling and Valuing,” presented by Irving Levin Associates on April 20, 2017. The session, which focused on mergers and acquisitions in the home health and hospice industry, covered these topics: who’s buying, who’s selling, and why; what is affecting current valuations; emerging trends and new players entering the market; and headwinds and tailwinds at play in this market.

           

      • December 14, 2016

        Les Levinson Moderates BRG Leadership Conference

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          Les Levinson Moderates BRG Leadership Conference

          Leslie J. Levinson, co-chair of the firm's Transactional Health Law Team, moderated the inaugural Berkeley Research Group (BRG) Healthcare Leadership Conference, held in Washington, DC, on December 12, 2016. The session, "Featured Deals of 2016," addressed the new breed of transactions in the fast-changing healthcare continuum. Additionally, it described the strategy and thinking behind the most noteworthy deals of the year. In attendance were senior management and policy experts from healthcare organizations (providers and payers) as well as senior executives from various supplier organizations (financial institutions, private equity firms, and law firms).

      • December 8, 2016

        Health Care Lawyers Speak on Bundled Payment Programs Post Election

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          Health Care Lawyers Speak on Bundled Payment Programs Post Election

          Leslie J. Levinson and Brian D. Nichols participated in the webinar "Bundled Payment Programs Post Election—What the C-suite Needs to Know" on December 8, 2016. They joined Dave Terry of Archway Health to provide an update on important developments in the bundled payment programs, in particular what they mean following the recent election. Nearly 130 attendees participated in this session. Mr. Levinson is a partner and co-chair of Robinson+Cole's Transactional Health Law Group, and Mr. Nichols is a partner and a member of the firm's Health Law Group.

      • November 29, 2016

        Les Levinson Presents at Privcap Healthcare Conference

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          Les Levinson Presents at Privcap Healthcare Conference

          Leslie J. Levinson, co-chair of the firm's Transactional Health Law Team, spoke on "What’s Driving Healthcare Private Equity Deal Flow?" at the Privcap Game Change: Healthcare 2016 conference on November 17 in New York City. He and his co-presenters, John McKernan of The Riverside Company and Adam Dolder of Great Point Partners, addressed the primary trends for private equity transactions. They focused on the sellers and their motivations, the hottest subsectors, and the investment plays that are driving interest from private equity. Click here to view a photo of Mr. Levinson at the conference.

      • August 24, 2016

        Les Levinson Moderates and Presents on Home Health and Hospice Transactions

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          Les Levinson Moderates and Presents on Home Health and Hospice Transactions

          Leslie J. Levinson was the moderator and a panel member of the webinar "Home Health & Hospice: Buying, Selling and Valuing," presented on August 18, 2016. Along with the other panelists, Benjamin Bogan of Stoneridge Partners, Justin Hand of Provident Healthcare Partners, and John Gochnour of Cornerstone Healthcare, Mr. Levinson explored the increase in merger and acquisition activity in the home health and hospice sector this year. In particular, the panel covered who's buying what, who is selling in this seller's market, whether valuations can go higher still, and how changes in labor laws and reimbursement rules, most notably minimum wage and overtime laws, have affected prices and valuations.

          Mr. Levinson is a health law and business transactions partner in Robinson+Cole's New York  and co-chair of the firm's Transactional Health Law Group.

      • May 18, 2016

        Les Levinson Moderates Health Care Services M&A Round Table

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          Les Levinson Moderates Health Care Services M&A Round Table

          Leslie J. Levinson moderated the webinar "Health Care Services M&A 101 Round Table" on May 5, 2016. The panelists, Darby Anderson, chief business development and strategy officer at Addus HealthCare; Burk Lindsey, managing director at Raymond James; and John Pouschine, co-founder and managing member of Pouschine Cook Capital Management, discussed the current state of the M&A market for health care services, focusing on valuation, regulatory compliance, and due diligence; where most deals are impeded; and where to invest the most time and effort to close a deal.

          Mr. Levinson is a health law and business transactions partner in Robinson+Cole's New York office.

      • August 24, 2015

        Les Levinson Moderates Webinar on Home Health and Hospice M&A

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          Les Levinson Moderates Webinar on Home Health and Hospice M&A

          Health law and business transactions lawyer Leslie J. Levinson moderated the webinar "Home Health & Hospice M&A: Buying, Selling, and Valuing" on August 20, 2015. The session, part of the Health Care M&A Webcast Series presented by Irving Levin Associates, focused on the home health and hospice merger and acquisition (M&A) market. The topics covered who's buying what and how these deals are being financed, what reimbursement changes are coming and what's ahead for the next five years, and whether this is a good time to buy or sell, among many other topics. The panelists included Darby Anderson, chief business development and strategy officer at Addus HomeCare, Inc.; David Berman, principal at Simione Healthcare Consultants; and Dexter Braff, president of The Braff Group.

      • December 1, 2014

        New York Lawyer Speaks at Annual HCap Conference

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          New York Lawyer Speaks at Annual HCap Conference

          Leslie J. Levinson, co-chair of Robinson+Cole's Transactional Health Law Group and a member of the firm's Business Transactions Group, participated in the HCap (Healthcare Services and Capital) Conference in Washington DC, held from November 19 to 21, where he was the featured speaker of a presentation entitled "Art of the Deal: Getting Your Transaction Done." Mr. Levinson's session explored practical considerations for both buyers and sellers, specifically key issues that will likely arise in negotiating, preparing for and navigating closing conditions, and dealing with post-closing matters. HCap is an annual conference that gathers leading health care providers, private equity investors, investment bankers, lenders, and industry experts who explore cutting-edge policy, financial and dealmaking trends within the broader health care industry, and the industry's relationship to the financial community.

      • December 11, 2013

        Robinson & Cole Elects Four New Partners and Promotes Six Counsel

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          Robinson & Cole Elects Four New Partners and Promotes Six Counsel

          Robinson & Cole is pleased to announce the election of four new partners and the promotion of six new counsel. The new partners are Matthew J. Lawlor, Brian D. Nichols, John E. O'Brien, Jr., and Todd R. Regan. The new counsel are Adam Anderson, Stephen O. Clancy, Dana M. Horton, Leigh K. Hughes, Benjamin C. Jensen, and Timothy C. Twardowski. The promotions are effective January 1, 2014.

          "I am thrilled to congratulate our new partners and counsel," said John B. Lynch, Jr., managing partner. "These accomplished lawyers, from varied practice areas in our major markets, all have demonstrated a deep knowledge of their respective legal fields and a strong commitment to delivering exceptional service and value to our clients. Their promotions position the firm to strengthen our client relationships even further and continue to enhance the depth of our practices."
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      • November 1, 2013

        Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

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          Robinson & Cole Receives 34 First-Tier Metropolitan Rankings and Three National Rankings in U.S. News – Best Lawyers Survey

          Robinson & Cole received 34 first-tier metropolitan rankings in the 2014 "Best Law Firms" list from U.S. News & World Report. The firm also received three national rankings, including Tier 2 rankings for Information Technology Law and Land Use & Zoning Law and a Tier 3 ranking for Real Estate Law.

          The rankings are presented in tiers, either on the national or metropolitan lists, by practice area. The 2014 national rankings cover 74 practice areas while the metropolitan rankings cover as many as 120 practice areas. Both rankings are based on surveys in which major clients and lawyers were asked to rate the law firms they consider best in their practice areas.
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      • October 21, 2013

        Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

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          Super Lawyers® Names 61 Robinson & Cole Attorneys to 2013 List

          A total of 61 Robinson & Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Florida for 2013. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 19 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

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      • September 3, 2013

        Hartford Office Lawyers Elected to Executive Committee of CBA's Young Lawyers Section

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          Hartford Office Lawyers Elected to Executive Committee of CBA's Young Lawyers Section

          Health law lawyer Meaghan Mary Cooper, business litigation lawyer Amanda E. Gordon, and land use lawyer Evan J. Seeman were elected to the Connecticut Bar Association's (CBA) Executive Committee of the Young Lawyers Section (YLS). All three lawyers hold CBA leadership positions. Ms. Cooper co-chairs the Health Law Section, Ms. Gordon co-chairs the Consumer Law Section, and Mr. Seeman co-chairs the Municipal Law Section. The goals of the YLS are to promote justice, encourage public service, and promote diversity and education of young lawyers and newly admitted practitioners. The section, with over 2,000 members, organizes and sponsors continuing legal education and professional development sessions for both junior and senior members of the CBA.

      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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          Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

          Robinson & Cole was again recognized as having the highest number of attorneys in Connecticut selected by their peers for inclusion in The Best Lawyers in America© 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.). Across the firm's practice groups and offices, 56 attorneys were named to this year's list, including 48 in Connecticut and 2 who received the distinction for the first time.

          Additionally, three lawyers were named "Lawyer of the Year" for 2014. Judith M. Keppelman was named Hartford Trusts and Estates "Lawyer of the Year," Dwight H. Merriam was named Hartford Litigation - Real Estate "Lawyer of the Year," and James A. Wade was named Hartford Personal Injury Litigation - Defendants "Lawyer of the Year."

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      • June 10, 2013

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 17 Attorneys as Leading Lawyers

      • February 11, 2013

        Ted Tucci Quoted in Law360 Article for Health Law

      • December 21, 2012

        Robinson & Cole Attorneys Appointed to Board of Directors of Nonprofits

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          Robinson & Cole Attorneys Appointed to Board of Directors of Nonprofits

          Robinson & Cole attorneys have recently joined the boards of four nonprofit agencies. Business litigation attorney Amanda B. Barry has joined the Board of Directors of The Children's Law Center, employment and labor attorney Nicole A. Bernabo was appointed to the Board of Directors of Statewide Legal Services of Connecticut, Inc., business litigation attorney Edward J. Heath has been elected to the Board of Directors of Greater Hartford Legal Aid, and health law attorney Brian D. Nichols has joined the Executive Board of Give an Hour.
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      • November 7, 2012

        Robinson & Cole Receives 32 First-Tier Metropolitan Rankings and Four National Rankings in U.S.News - Best Lawyers Survey

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          Robinson & Cole Receives 32 First-Tier Metropolitan Rankings and Four National Rankings in U.S.News - Best Lawyers Survey

          Robinson & Cole received 32 first-tier rankings, across the cities of Hartford, Stamford, New London, Boston, and Providence, in the 2013 "Best Law Firms" list from U.S.News & World Report.

          The firm also received four national rankings, including Tier 2 rankings for Information Technology Law and Litigation-Construction, and Tier 3 rankings for Land Use & Zoning Law and Real Estate Law.

          The rankings are presented in tiers, either in the national list or metropolitan area, by practice area. The 2013 national rankings cover 80 practice areas, while the metropolitan lists cover as many as 118 practice areas. Both rankings are based on surveys in which major clients and lawyers were asked to rate the law firms they consider best in their practice area.
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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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          Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

          A total of 49 Robinson & Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, and Rhode Island for 2012. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 26 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

          Recognized attorneys and their areas of practice can be read in the full press release.

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      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

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          Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

          Robinson & Cole LLP was again recognized as having the highest number of attorneys in Connecticut selected by their peers for inclusion in The Best Lawyers in America® 2013 (© 2012 by Woodward/White, Inc., of Aiken, S.C.). Across the firm's practice groups and offices, 55 attorneys were named to this year's list, including 46 in Connecticut and 10 who received the distinction for the first time.

          Best Lawyers is based on an exhaustive peer-review survey in which more than 4.4 million confidential evaluations are submitted by attorneys on the legal abilities of other lawyers in their practice areas. Additional information regarding the Best Lawyers selection methodology may be read here. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

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      • August 2, 2012

        Ted Tucci on Panel Discussion about the Supreme Court’s Ruling on Health Care

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          Ted Tucci on Panel Discussion about the Supreme Court’s Ruling on Health Care

          Health law litigation partner Theodore J. Tucci was one of three panelists discussing the U.S. Supreme Court’s ruling on health care at the MetroHartford Alliance’s Rising Star Breakfast series at The Bushnell on July 10, 2012. Mr. Tucci was on the panel with Kevin Counihan, chief executive officer of the Connecticut Health Insurance Exchange, and J. Bruce Boisture, of counsel at Day Pitney LLP. Mr. Tucci provided insight into the practical implications employers and insurers face during this new transition in health care and compliance with the Patient Protection and Affordable Care Act.

          The discussion aired on the CT-N Connecticut Network.
      • June 30, 2012

        Theodore J. Tucci to Participate in the Metro Hartford Alliance’s Panel Discussion on the U.S. Supreme Court’s Ruling on Health Care Reform

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          Theodore J. Tucci to Participate in the Metro Hartford Alliance’s Panel Discussion on the U.S. Supreme Court’s Ruling on Health Care Reform

          Join leading health lawyers and professionals at Metro Hartford Alliance’s Rising Star Breakfast series on July 10, 2012, at The Bushnell Center for the Performing Arts in Hartford, Connecticut.

          The Metro Hartford Alliance Rising Star Breakfast series will host a panel discussion on the U.S. Supreme Court’s ruling on health care reform featuring:

          • Theodore J. Tucci, Partner, Robinson & Cole LLP
          • Kevin Counihan, Chief Executive Officer, Connecticut Health Insurance Exchange
          • J. Bruce Boisture, Of Counsel, Day Pitney LLP
          The program runs from 8:00 to 9:00 a.m. Registration, networking, and continental breakfast begins at 7:30 a.m.

          For more information and to register, click here.
      • June 7, 2012

        Chambers USA Ranks Robinson & Cole in Five Practices, Names 16 Attorneys as Leading Lawyers

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          Chambers USA Ranks Robinson & Cole in Five Practices, Names 16 Attorneys as Leading Lawyers

          Robinson & Cole LLP announced today that the legal directory Chambers USA: America's Leading Lawyers for Business has recognized the firm in five practice area categories in its 2012 edition and has individually recognized 16 of the firm's attorneys.

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      • January 19, 2012

        Robinson & Cole Welcomes New Health Law Attorneys

      • October 19, 2011

        Class Dismissed! Appellate Team Wins Summary Judgment for Health Insurer

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          Class Dismissed! Appellate Team Wins Summary Judgment for Health Insurer

          In a 6-1 decision, the Connecticut Supreme Court affirmed a grant of summary judgment on October 7, 2011, in favor of longtime firm client Health Net of Connecticut in a proposed class action brought on behalf of the Connecticut Podiatric Medical Association. The podiatrists claimed that state law required that they be paid at the same rates as medical doctors for the performance of the same services. Health Net succeeded in persuading the Connecticut Supreme Court that the law required only that podiatric services be reimbursable, but did not require insurers to pay podiatrists at the same rates as medical doctors. The podiatrists had claimed more than $10 million in damages and interest. Linda L. Morkan, chair of the Appellate Practice Group, handled the appeal for Health Net, following the successful handling of the matter in Superior Court by Ted J. Tucci, chair of the Health Law Group, and Michael J. Kolosky.
      • June 17, 2011

        Chambers USA Ranks Robinson & Cole in Six Practices, Names 12 Attorneys as Leading Lawyers

      • June 14, 2011

        Health Law Attorneys Publish ACO Regulations Article in Connecticut Law Tribune

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          Health Law Attorneys Publish ACO Regulations Article in Connecticut Law Tribune

          Health law associates Pamela H. Del Negro and Meaghan Mary Cooper published the article “New Entities Will Coordinate Medicare Coverage” in the Connecticut Law Tribune Health Law Section on May 16, 2011. The article discusses the proposed regulations for Accountable Care Organizations (ACO) released by the Centers for Medicare & Medicaid Services (CMS). ACOs are designed to allow certain health care entities, providers, and suppliers, that meet specific eligibility criteria, to provide and coordinate medical care for Medicare beneficiaries, and potentially to share in cost savings, under the Shared Savings Program in the Patient Protection and Affordable Care Act of 2010. The proposed regulations from CMS were released concurrently with guidance from other federal agencies on the new ACO model that attempts to reduce Medicare costs while improving patient care.
      • June 8, 2011

        Robinson & Cole Attorneys Present Webinar on Accountable Care Organizations (ACOs)

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          Robinson & Cole Attorneys Present Webinar on Accountable Care Organizations (ACOs)

          Theodore J. Tucci, Michael J. Kolosky, and Jean E. Tomasco presented a webinar entitled "ACO Liability and Risk Management Issues: The Managed Care Perspective," hosted by OneBeacon Professional Insurance (OBPI). The webinar addressed the ACO regulations recently proposed by the federal government, identified potential liability issues faced by ACOs and payers in the commercial health insurance market, and provided practical guidance for managing those risks in the contracting, risk management, and litigation contexts.
      • May 13, 2011

        Attorneys Present Webinar on Accountable Care Organizations

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          Attorneys Present Webinar on Accountable Care Organizations

          Health law attorneys Lisa M. Boyle, Kimberly E. Troland, and Moses Vargas presented the webinar “Finally! Some Enlightenment on Accountable Care Organizations: Proposed Rules Issued” on April 27, 2011, and May 4, 2011. They discussed proposed rules and guidance released by federal agencies addressing requirements for hospitals, physicians, and other providers forming Accountable Care Organizations to collaborate on health care delivery under the Medicare Shared Savings Program, established under the Patient Protection and Affordable Care Act to promote high quality, cost-effective health care.
      • May 5, 2011

        Robinson & Cole Attorneys Present Medicaid Audit Defense Seminar

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          Robinson & Cole Attorneys Present Medicaid Audit Defense Seminar

          Michael J. Kolosky and Theodore J. Tucci presented a two-hour seminar on “Legal and Strategic Considerations in Defending Medicaid Audits” to the Connecticut Community Providers Association on April 27, 2011. In addition to summarizing the legal framework applicable to Medicaid audits, the seminar included a detailed case study and provided attendees with practical analytical tools and advice for managing all phases of these high-stakes financial audits. Approximately 40 executive-level members of the Connecticut health care community attended.
      • December 15, 2010

        Health and Benefits Litigators Win “Appropriate Care” Disability Insurance Case

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          Health and Benefits Litigators Win “Appropriate Care” Disability Insurance Case

          Jean E. Tomasco and Theodore J. Tucci of the firm’s health and benefits litigation team obtained summary judgment on behalf of Paul Revere Life Insurance Co. on a key disability insurance coverage issue. The case involved a question of whether an insured had complied with the “appropriate care” provisions of his disability policies when he failed to pursue a surgical procedure likely to alleviate his disability.

          The insured, a dentist, claimed to be totally disabled due to bilateral carpal tunnel syndrome. The policies required that to be eligible for benefits, the insured must receive regular and personal physician’s care that is appropriate, under prevailing medical standards, for his condition. The insured refused to pursue carpal tunnel release surgery after more conservative treatments failed to help. On behalf of Paul Revere, Ms. Tomasco and Mr. Tucci filed an action in U.S. District Court for the District of Connecticut seeking a declaratory judgment that the insurer owed no duty to pay additional benefits and that it was entitled to repayment of certain benefits. Both parties cross-moved for summary judgment on the complaint. Ruling in favor of Paul Revere, the court held that the language of the policies unambiguously imposed on the insured the duty to seek and accept appropriate medical care for his condition. The court further determined, given the undisputed facts of the case, that by forgoing release surgery the insured failed to comply with the “appropriate care” provisions and no longer qualified for benefits. The court also ruled in favor of Paul Revere on the insured’s statutory bad faith and other counterclaims.

          The firm believes this is the first reported decision in the country to grant summary judgment to a disability insurer on whether the insured’s failure to obtain surgery violates an appropriate care requirement.

      • December 6, 2010

        Health Care Attorneys Talk Strategy with Hospitals

      • November 1, 2010

        VNA Health Care Elects Attorney to Board of Directors

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          VNA Health Care Elects Attorney to Board of Directors

          VNA Health Care has named health care litigation attorney Michael L. Kolosky to its board of directors. VNA Health Care is a nonprofit agency dedicated to improving the health and well-being of individuals by providing a full range of home care, hospice, and community-based health and wellness services. As a member of the board, Mr. Kolosky will help govern and promote VNA Health Care in its mission to help people live independently in their homes. He began his three-year term on October 21, 2010.
      • September 17, 2010

        Robinson & Cole LLP Receives Most Connecticut First-Tier Rankings in Inaugural U.S.News - Best Lawyers Survey

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          Robinson & Cole LLP Receives Most Connecticut First-Tier Rankings in Inaugural U.S.News - Best Lawyers Survey

          U.S.News & World Report and the Best Lawyers in America® 2011 (© 2010 by Woodward/White, Inc., of Aiken, S.C.) have released their Best Law Firms rankings for practice areas, and Robinson & Cole LLP has garnered the most first-tier rankings for metropolitan areas in Connecticut.
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      • August 12, 2010

        Health Law Group Hosted Webinar on New Electronic Health Record Requirements

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          Health Law Group Hosted Webinar on New Electronic Health Record Requirements

          Robinson & Cole's Health Law Group recently hosted a webinar addressing the final regulations issued by the Department of Health and Human Services on "meaningful use" of certified electronic health record (EHR) technology under the Medicare and Medicaid EHR Incentive Programs. Established under the American Recovery and Reinvestment Act of 2009, the EHR Incentive Programs make $27 billion available over 10 years to spur the creation of a nation-wide system of EHRs, with the goal of achieving significant improvements in care. The final regulations address what eligible hospitals and professionals must do to demonstrate that they are meaningful users of certified EHR technology, and thus qualify for incentive payments. The webinar was led by health care attorneys Kimberly Troland and Moses Vargas and moderated by Health Law Group co-chair Lisa M. Boyle.
      • June 14, 2010

        Robinson & Cole Partner Quoted in Hartford Business Journal on Health Care Reform Impact to Local Businesses

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          Robinson & Cole Partner Quoted in Hartford Business Journal on Health Care Reform Impact to Local Businesses

          Employee benefits and compensation attorney Bruce Barth was quoted in two articles in the Hartford Business Journal on how the new health care reform bill will impact health care coverage that small, medium and large Connecticut companies provide for their workers. In the article "Business Rethinks Stand on Benefits," published on May 31, Mr. Barth discussed the decisions companies will face in 2014 when they will be required to offer health care coverage if they have 50 or more employees, including weighing the costs and benefits of offering coverage or paying the relatively low fines for not offering it. In the article "Health Care Changes Take Shape," published on May 24, he drew attention to some provisions of the health care reform bill going into effect for plan years beginning after September 23 that will impact health plans options for businesses, such as requiring group health plans to cover certain preventative services at no cost to the employee and prohibiting health plans from imposing preexisting condition exclusions for children under 19, placing lifetime dollar limits on medical claims, placing unreasonable annual dollar limits on claims, and rescinding health coverage once an individual is covered under the plan, unless the individual acted fraudulently or made an intentional misrepresentation of a material fact.
      • June 4, 2010

        Robinson & Cole Attorneys Author CT Law Tribune Article on Expansion of Fraud and Abuse Laws Under Reform Legislation

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          Robinson & Cole Attorneys Author CT Law Tribune Article on Expansion of Fraud and Abuse Laws Under Reform Legislation

          Health law attorneys Michael J. Kolosky and Brian D. Nichols wrote an article published in the May 24 issue of the CT Law Tribune about changes to federal fraud and abuse laws in the health care industry enacted under the Patient Protection and Affordable Care Act (PPACA) of 2010. The article highlights three areas of change that will effect business operations and compliance efforts: the anti-kickback statute, overpayments, and self-disclosure protocol. To read the full article, click here.
      • May 20, 2010

        Robinson & Cole Attorneys Featured in Health Care Reform Book

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          Robinson & Cole Attorneys Featured in Health Care Reform Book

          Health care attorneys Stephen W. Aronson and Lisa M. Boyle have been cited as contributors in the book CCH’s Law, Explanation and Analysis of the Patient Protection and Affordable Care Act, a Wolters Kluwer publication. Mr. Aronson discussed changes to laws regarding health insurance exchange eligibility rules. Ms. Boyle discussed changes to laws regarding improvements to the physician quality reporting system, physician and supplier documentation of referrals to programs at high risk of fraud and abuse, and physician self-referral disclosure protocol.
      • April 28, 2010

        Robinson & Cole Attorney Speaks at Regional Economic Development Forum

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          Robinson & Cole Attorney Speaks at Regional Economic Development Forum

          Health care and employment attorney Stephen W. Aronson recently spoke on "Health Care Reform: Economic Opportunities for MetroHartford" at the Regional Economic Development Forum sponsored by the MetroHartford Alliance. Mr. Aronson discussed some of the economic development opportunities in the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act that are scheduled to be implemented within the next three years.
      • October 12, 2009

        Connecticut Governor Appoints Robinson & Cole Attorney to Advisory Committee

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          Connecticut Governor Appoints Robinson & Cole Attorney to Advisory Committee

          Connecticut Governor M. Jodi Rell has appointed Lisa M. Boyle to serve on the state's Health Information Technology and Exchange Advisory Committee. Ms. Boyle will serve a four-year term. Her responsibilities include serving as the attorney with experience in the field of privacy, health data security or patient rights. This committee formed through enactment of Public Act 09-232 and has oversight from the Department of Public Health. The committee’s main responsibility is to advise the Commissioner of Public Health on the appropriate exchange of health care data and use of modern electronic means for data storage and transmission.

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