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Brian Rath
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Brian Rath

Counsel

Princeton, NJ
Philadelphia, PA
 
 

How Brian Helps Clients

Nearly every aspect of the healthcare business is regulated by the state or federal government. With his extensive knowledge of the regulations and his years of experience dealing directly with the state and federal regulators themselves, Brian guides his clients through the labyrinth of regulations from the development or acquisition of a healthcare facility through its operations, to closure or sale. Recently, Brian has secured Certificates of Need from the New Jersey Department of Health for the development of multiple assisted living residences for a number of national assisted living corporation clients. In addition, after a year-long application, review and investigation process, including a hearing before the Superior Court, Brian secured the approval of the New Jersey Attorney General for the sale of a client nonprofit hospital system to a rival system under New Jersey’s Community Healthcare Assets Protection Act (CHAPA). Brian also counsels clients in data security and privacy to help them meet the unique compliance challenges of HIPAA and the HITECH Act.

Brian also represents his healthcare clients before civil and administrative courts at both the state and federal level. Coupled with his extensive regulatory knowledge, Brian’s litigation experience allows him to anticipate potential pitfalls and liabilities in his clients’ operations to avoid entirely, or best prepare for, future court challenges. Recently, Brian represented a long-term care facility client in their challenge of a number of deficiencies resulting from a survey. Brian was able to negotiate a settlement with the Centers for Medicare and Medicaid Services (“CMS”) to his clients benefit.

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 and established governing law in New Jersey on the issue.

Brian works with clients at hospitals, nursing homes, assisted living facilities, personal care homes, CCRCs, pharmaceutical companies, durable medical equipment suppliers and other healthcare providers and suppliers throughout the United States.

What Clients Can Expect

Brian’s years of experience in both the healthcare regulatory setting and in court, particularly in the long-term care arena, allows him to partner with his clients providing efficient expert advice and guidance in basic and complex legal matters. Brian endeavors to learn about all aspects of his clients’ business, not simply the legal issue at hand, so that he can provide his services as an integrated member of his clients’ legal and business teams. Brian believes in direct communication with his clients; so much so that when you call his office, he will answer the phone directly.

Brian’s clients can expect to see him in public as he speaks throughout New Jersey at conferences and meetings conducted by long-term care trade groups and other professionals and entities on topics, such as long-term care liability, HIPAA, reimbursement and general healthcare operations. Brian is also an instructor in the Health Care Association of New Jersey sponsored Licensed Nursing Home Administrator 100 Hour training program.

Outside the Office

Brian is a dedicated father to two children. In the past, Brian has been a guest on NPR’s Weekend Edition speaking on race in America, he has worked for the Grateful Dead and he is responsible for giving one of Hollywood’s biggest leading men his start.

Proof Points

Healthcare Regulatory

  • Serves as regulatory counsel guiding long-term care and hospital corporations through the New Jersey Department of Health’s Certificate of Need and licensure processes for the development or sale of their New Jersey facilities.
  • Serves as regulatory counsel guiding long-term care corporations through the New Jersey Department of Health’s transfer of ownership process for the acquisition of New Jersey facilities.
  • Represented various New Jersey hospital clients through the New Jersey Attorney General’s approval process for the sale of a hospital under CHAPA.
  • Provides regulatory opinions for the largest senior care provider in the country, among other clients, in securing financing for or refinancing their New Jersey health care projects.

Healthcare Litigation/Defense

  • Represents clients in challenges to licensing and reimbursement regulations and enforcement actions in administrative proceedings and before the New Jersey Superior Court.
  • Advises long term care clients in preparation for Informal Dispute Resolution (IDR) and Independent Informal Dispute Resolution (IIDR) processes in survey appeals.
  • Represents long term care clients before the Federal Civil Remedies Division (CRD) and Departmental Appeals Board (DAB) in survey appeals.
  • Represents long term care and hospital clients in guardianship proceedings involving facility residents/patients.

Health Care Corporate/Operational

  • Acted as in-house counsel to the largest value based population health service organization in the Philadelphia area concerning all aspect of operations including developing shared risk agreements, physician contracting, physician practice acquisition and compliance oversight.
  • Assists long term care clients develop and revise admission agreements, resident handbooks and policies and procedures.
  • Advises clients on operation issues such as resident/patient relations, vendor contracting, accounts receivable collections and medical records/privacy concerns.
  • 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.

Awards

In 2012, Brian was named to the New Jersey Law Journal's "New Leaders of the Bar," formerly known as the "40 Under 40."

 


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