Health Care Labor and Employment

Handling labor and employment matters for hospitals, physician groups, clinical service providers, and other health care clients requires a solid understanding of the health care industry as well as broad-based knowledge of labor and employment laws. Our labor, employment, benefits, and immigration lawyers understand health care. We advise our clients on everything from hiring, compensation, performance management, documentation, discipline, and individual and group terminations. We prepare and offer guidance on policies, procedures, and best practices. With respect to union employees, we advise and assist with collective bargaining, grievances, and arbitrations. Our group also works with clients to develop communication strategies and proactive initiatives that encourage positive employee relations, helping employers lawfully avoid unions. We assist with cost-saving measures such as restructurings, reductions-in-force, and practice closings. Members of our group regularly prepare, negotiate, and recommend changes to physician employment agreements, template documents, modification agreements, and incentive compensation plans. We advise on minimizing the risks of employment claims, including discrimination, retaliation, free speech and whistleblower, and similar claims. Our group also counsel on restrictive covenants including the enforcement of noncompetition covenants and the protection of trade secrets including patient lists.

    • Experience
      • 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 individual physicians and professionals in the negotiation of employment contracts.

      • Representation of hospital in connection with formation of professional corporation for employment of physicians in private practice model.
      • 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.
    • News
      • December 11, 2013

        Robinson & Cole Elects Four New Partners and Promotes Six Counsel

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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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      • October 21, 2013

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

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      • September 3, 2013

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

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      • August 16, 2013

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

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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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      • 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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      • October 22, 2012

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

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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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      • August 2, 2012

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

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      • 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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      • June 7, 2012

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

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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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      • 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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      • June 8, 2011

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

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      • May 13, 2011

        Attorneys Present Webinar on Accountable Care Organizations

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      • May 5, 2011

        Robinson & Cole Attorneys Present Medicaid Audit Defense Seminar

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      • December 15, 2010

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

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      • 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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      • September 17, 2010

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

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      • August 12, 2010

        Health Law Group Hosted Webinar on New Electronic Health Record Requirements

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      • June 14, 2010

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

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      • 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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      • May 20, 2010

        Robinson & Cole Attorneys Featured in Health Care Reform Book

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      • April 28, 2010

        Robinson & Cole Attorney Speaks at Regional Economic Development Forum

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      • October 12, 2009

        Connecticut Governor Appoints Robinson & Cole Attorney to Advisory Committee

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    • Publications + Presentations
    • "Home Health & Hospice: The Future of Healthcare Delivery," presented by Leslie J. Levinson, as a panelist in the webinar (4/25/2019)
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      "CMS Releases Statement on Progress of EHR Incentive Programs" (12/13/2013)

      "OIG Report Outlines Concerns Regarding Use of Spinal Devices Provided by Physician-Owned Distributors" (12/11/2013)

      "Developing an Accountable Care Organization; Participating in the Medicare Shared Savings Program," presented at Connecticut Healthcare Financial Management Association Seminar, co-presented by Brian D. Nichols and Meaghan Mary Cooper (11/20/2013)

      "Compliance Date of HIPAA Omnibus Rule Approaching" (08/08/2013)

      "CT DSS Notifies Providers They Must Enroll in Medicaid to Serve Medicaid Beneficiaries" (08/01/2013)

      "OIG Issues Advisory Opinion Permitting Podiatrist-Owned Orthotics Business" (07/30/2013)

      "CT Health Law Legislative Update" (07/16/2013)

      "CT Health Law Legislative Update Supplement" (07/16/2013)

      "Health Law Pulse" (06/26/2013)

      "OIG Releases Revised Provider Self-Disclosure Protocol" (05/07/2013)

      "OIG Releases Special Fraud Alert and EHR Donation Sunset Date" (04/12/2013)

      "CMS Releases Final Sunshine Act Rule" (03/12/2013)

      "Implications of the Final HIPAA Omnibus Rule," co-presented by Brian D. Nichols, Meaghan Mary Cooper and Michael J. Kolosky, webinar (3/5/2013)

      "FTC Issues Favorable Advisory Opinion to Clinically Integrated PHO" (02/28/2013)

      "OIG Issues Advisory Opinions" (02/20/2013)

      "HIPAA Omnibus Rule Released" (02/13/2013)

      "CT AG Consolidates Antitrust and Health Care Fraud Units" (01/22/2013)

      "HHS-OCR Guidance for De-identifying PHI Under HIPAA" (12/18/2012)

      "OIG: Per Diem Call Coverage Payment Not Subject to Sanctions" (12/06/2012)

      "OIG Workplan for Fiscal Year 2013" (10/30/2012)

      "CT DSS Issues Proposed Audit Regulations" (10/18/2012)

      "Service Line Co-Management Arrangements: Models & Practicalities," published in ABA Health eSource, authored by Pamela H. Del Negro (10/2012)

      "Health Law Pulse" (09/27/2012)

      "CT Health Law Special Legislative Session Update" (07/25/2012)

      "NLRB Finds Hospital's No-Access Policy for Off-Duty Employees Unlawful" (07/16/2012)

      "Patient Protection and Affordable Care Act," presented by Theodore J. Tucci (7/10/2012)
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      "New Regulations for Hospital Conditions of Participation" (07/09/2012)

      "Supreme Court Holds Patient Protection and Affordable Care Act Constitutional" (06/29/2012)

      "CT Health Law Legislative Update" (06/11/2012)

      "Health Law Pulse" (06/01/2012)

      "OSHA Focuses on Nursing and Residential Care Facilities" (04/23/2012)

      "CMS Issues Proposed Rule on Stage Two Meaningful Use" (03/13/2012)

      "Health Law Pulse" (03/01/2012)

      "Federal Agency Guidance on ACOs Released" (11/22/2011)

      "Accountable Care Organizations Final Regulations Released" (11/09/2011)

      "Health Law Pulse" (10/18/2011)

      "CT Health Law Legislative Update Part 2" (08/19/2011)

      "CT Health Law Legislative Update Part 1" (07/14/2011)

      "Health Law Pulse" (06/24/2011)

      "New Entities Will Coordinate Medicare Coverage," published in Connecticut Law Tribune, co-authored by Pamela H. Del Negro and Meaghan Mary Cooper (5/16/2011)

      "Guidance Released on Accountable Care Organizations Participating in the Medicare Shared Savings Program" (05/13/2011)

      "Finally! Some Enlightenment on Accountable Care Organizations: Proposed Rules Issued," co-presented by Lisa M. Boyle and Kimberly E. Troland and Moses Vargas (4/27/2011 and 5/4/2011)

      "Legal and Strategic Considerations in Defending Medicaid Audits," at Connecticut Community Providers Association, co-presented by Theodore J. Tucci and Michael J. Kolosky (4/27/2011)

      "Federal Agencies Release Guidance on Accountable Care Organizations" (04/21/2011)

      "Health Law Pulse" (03/10/2011)

      "Horizontal Merger Guidelines Revised" (10/19/2010)

      "Health Law 2010 Legislative Update" (07/15/2010)

      "New "Patient's Bill of Rights" Issued under Patient Protection and Affordable Care Act" (07/07/2010)

      "Health Care Reform Update" (04/12/2010)

      "President Obama Announces New Efforts to Crack Down on Fraud" (03/22/2010)

      "Vermont Supreme Court Upholds Suspension of Physician's License Despite Due Process" (02/12/2010)

      "Recovery Audit Contractor (RAC) Program" (12/28/2009)

      "CMS Issues Memorandum on Compliance with EMTALA During a Potential H1N1 Emergency" (12/28/2009)

      "Massachusetts Court Interprets Mental Health Professional "Duty to Warn Statute"" (12/28/2009)

      "Enforcement of Red Flags Rule Has Been Delayed Again" (11/09/2009)

      "New Connecticut False Claims Act" (11/09/2009)

      "Health Law 2009 Legislative Update" (09/21/2009)

      "Interim Final Regulations Clarify HITECH's Breach of Health Information Notification Requirements" (09/03/2009)

      "Enforcement of Red Flags Rule Has Been Delayed" (07/30/2009)

      "HHS Issues Guidance on Technologies and Methodologies that Render Protected Health Information Secure" (07/29/2009)

      "Enforcement of Federal Trade Commission Red Flag Rules Delayed" (05/19/2009)

      "Health Care Entities that Extend Credit to Patients Must Implement Identity Theft Prevention Program" (04/27/2009)

      "Health Care Implications of Federal Stimulus Plan" (03/09/2009)

      "Red Flag Rules' Effective Date Has Been Delayed" (10/24/2008)

      "Health Law 2008 Legislative Update" (09/03/2008)

      "A Guide to Connecticut’s Certificate-of-Need Process," published in Connecticut Medicine Magazine, co-authored by Brian D. Nichols and Theodore J. Tucci (June/July 2008)

      "Health Law Pulse" (06/11/2008)

      "The Joint Commission Suspends the Implementation of Revised Standard MS 1.20" (06/11/2008)

      "CT Department of Public Health Adopts New Regulations for Reporting Adverse Events within Hospitals and Outpatient Surgical Facilities" (02/29/2008)

      "Health Law Pulse" (11/06/2007)

      "Health Law Pulse" (08/09/2007)

      "Health Law Pulse" (06/27/2007)

      "Health Law Pulse" (04/19/2007)

      "Health Law Pulse" (03/26/2007)

      "Health Law Pulse" (02/15/2007)

      "Health Law Pulse" (11/27/2006)

      "Health Law Pulse" (07/31/2006)

      "Health Law Pulse" (06/20/2006)

      "Health Law Pulse" (05/24/2006)

      "e-News" (08/24/2005)

      "e-News" (06/10/2005)

      "e-News" (03/29/2005)

      "e-News" (11/22/2004)

      "e-News" (10/08/2004)

      "e-News" (09/20/2004)

      "e-News" (08/09/2004)

      "e-News" (04/06/2004)

      "e-News" (11/10/2003)

      "e-News" (09/25/2003)

      "Confidentiality," at Mental Health and the Law, A Health Education Network program, presented by Meaghan Mary Cooper

      "Medical Records Law," at Lorman Education Services program, presented by Meaghan Mary Cooper (3/14/2013; 4/11/2012)

Our Team