Brian Rath’s practice focuses on the representation of various health care and life science entities in a range of matters, including reimbursement, federal and state regulatory compliance, health care entity mergers and acquisitions and contract drafting and negotiation. He also litigates matters on behalf of health care clients in jurisdictions throughout the United States.
As a member of the Health Care Section’s Long Term Care Practice Group, Brian assists long term care providers and related entities, including assisted living facilities, home health and hospice providers in all aspects of the industry, such as initial certificate of need and licensing approval, corporate structuring, compliance and surveys, Medicare and Medicaid reimbursement and appeals and general commercial litigation.
Brian guides hospitals in patient welfare and risk management matters and medical staff contracting. He also assists acquiring and acquired hospitals seeking approval under New Jersey’s certificate of need regulations and the Community Healthcare Assets Protection Act (CHAPA).
Brian also speaks throughout New Jersey before long term care trade groups and other professionals and entities on topics, such as long term care liability, HIPAA, reimbursement and general business practices.
Brian's recent representations include:
- Served as regulatory counsel to a major national long-term care corporation concerning the corporation's acquisition of various existing New Jersey long-term care facilities and in other transactional matters.
- Served as regulatory counsel to a national hospital corporation concerning the sale one of its New Jersey hospitals.
- Served as local New Jersey counsel to a national home health corporation in its acquisition of a New Jersey home health agency.
- Assisted national long term care corporation develop new nursing facility and assisted living facility admission agreements and resident handbooks.
- Acted as in-house counsel to one of the largest clinical cancer research organizations in the United States providing services such as reviewing, drafting and negotiating clinical trial contracts with pharmaceutical companies.
Brian was also lead counsel on the published New Jersey Appellate Division case I.L. v. DMAHS, which established the distinction between a Medicaid applicant’s available resources and accessible resources when determining Medicaid eligibility. The case resulted in his long term care client recognizing over $100,000 in unpaid Medicaid reimbursement from the state of New Jersey.
Prior to joining Buchanan, Brian served as law clerk to the Honorable Sylvia B. Pressler, Presiding Judge of the Superior Court of New Jersey, Appellate Division. In 2012, Brian was named to the New Jersey Law Journal's "New Leaders of the Bar," formerly known as the "40 Under 40."
A resident of Central New Jersey, Brian is active in the community, is the current Chairman of the Board of Trustees of the United Way of Greater Mercer County and a member of the Board of Trustees and Executive Committee of the Immune Deficiency Foundation.
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Georgetown University Law Center, J.D., 1999
Georgetown University, B.A., 1995, History
- New Jersey
American Bar Association Section of International Law
Health Law Section, New Jersey State Bar Association