The Arent Fox Health Care practice group is a leading legal services provider to Home Health Agencies throughout the United States. We advise them on regulatory matters, fraud and abuse issues (e.g., anti-kickback statute, Stark Law, False Claims Act, exclusions), audits, investigations, surveys, reimbursement, contracts, compliance programs, training, corporate structuring, transactions, administrative appeals, state and Federal litigation, government relations, HIPAA and HITECH, and managed care relationships. We represent Home Health Agencies on licensure, certification, coverage and billing issues; conduct internal investigations; defend against Federal and state investigations and audits, involving the Department of Justice, state Departments of Health, the Office of the Inspector General, state Offices of Medicaid Inspector Generals, Medicaid Fraud Control Units, Zone Program Integrity Contractors, Medicaid Integrity Contractors, Recovery Audit Contractors; respond to survey and certification or accreditation deficiencies; and act as general counsel, including labor and employment matters. We conduct compliance audits, and implement compliance programs and training.
Arent Fox also assists Hospitals, Health Care Systems, and free-standing Home Health Agencies in establishing appropriate corporate ownership structures and relationships that maximize new service capabilities and revenue potential. These projects include personal care companies, home infusion partnerships, private duty nursing companies, and management companies. In the area of professional services agreements, management agreements, and joint ventures, Arent Fox has assisted numerous HHAs in constructing or analyzing relationships to minimize the legal risks of failure to comply with state and Federal anti-kickback statutes and Stark laws prohibiting certain physician referrals.