Mr. Lee’s practice includes providing legal representation and advice in all aspects of healthcare transactional and regulatory matters, including, without limitation, the following areas:
- Knox-Keene, DHCS, CMS and MRMIB licensing and regulatory issues.
- Fraud and abuse issues, including the application of the anti-kickback safe harbors, Stark II, Spier and the applicable regulations.
- Corporate practice of medicine.
- Antitrust issues -- e.g., analysis of antitrust safety zones in connection with group purchasing organizations, and integration issues in connection with physician contracting.
- Medicare and Medi-Cal reimbursement issues.
- Inurement and private benefit issues, including analysis of intermediate sanctions rules, etc.
- Managed care contracting issues.
- Hospital licensure issues involving CHOW applications, successor liability issues, etc.
Examples of transactional and regulatory matters for which Mr. Lee has provided legal representation include the following:
- Representation of Medi-Cal and D-SNP health plans, including Local Initiative and County Organized Health System (COHS) plans. Representation included negotiating Two-Plan model contract with the California Department of Health Care Services, obtaining Knox Keene licensure, and negotiating key provider and administrative services contracts.
- Representation of specialized health plans, including behavioral health and dental plans.
- Acting as corporate and regulatory counsel in connection with health plan acquisitions, including commercial, Medicare, Medi-Cal and Medi-Cal dental, and Healthy Families lines of business.
- Representation of a public entity Medi-Cal managed care health plan in connection with claims disputes with out-of-plan providers, reimbursement disputes with State Department of Health Services, and litigation involving the application of the State’s Two-Plan Model rules.
- Representation of a privately-held health plan in its sale of certain assets comprising multiple lines of business to purchasing health plan.
- Obtaining health care service plan licensure from the Department of Managed Health Care in connection with the implementation of the quality improvement fee (“QIF”) legislation.
- Representation of a congregate living health facility in connection with licensing and various regulatory issues involving the Department of Health Care Services and the Department of Social Services.
- Negotiation of the master services agreement with the State Department of Health Services on behalf of the statewide coalition of local initiative managed care plans.
- Representation of a multi-hospital system in connection with the formation of an outpatient-based integrated healthcare delivery system and the acquisition of medical practice assets of various physician groups.
- Representation of a general acute care hospital in connection with the formation of a management services organization to manage a mental health professional group providing professional services in a managed care setting.
- Representation of a general acute care hospital in connection with the restructuring of a cardiac catheterization laboratory.
- Organization of “captive” professional corporations and financing arrangements between network of surgery center physicians and a physician practice management company.
- Representation of a general acute care hospital in connection with its consolidation of clinical laboratory operations.
- Representation of a general acute care hospital in connection with its participation in a California-statewide hospital facility contracting network.
- Representation of various physician groups in connection with the formation of IPAs and integrated medical practice groups.
- Formation of technology joint venture based in Arizona between two hospital systems.
- Representation of a master limited partnership in connection with the permanent financing of a medical office building comprising over 60,000 square feet located in Glendale, California.
- Corporate restructuring of a public company hospital operator to spin off real estate assets into a REIT.
- Development of internet application service provider agreements and related documentation for medical practice management applications.
- Representation of purchasers and sellers of hospitals in connection with
hospital licensure and real estate issues.
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