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Health Law

Pragmatic, responsive, sophisticated

With decades of experience advising healthcare entities and professionals across the country, clients count on us to anticipate their legal issues and develop practical, creative methods for addressing them.

Overview

Representing a broad spectrum of clients in the healthcare sector, our attorneys have a unique ability to recognize what a client needs and make it happen. From regulatory compliance, managed care and medical staff affairs, to mergers, corporate structure, contracting and other issues unique to the healthcare field, we are right there with you – working alongside boards of directors on strategic planning and other complex matters, negotiating and structuring mergers and acquisitions, resolving disputes with regulators and vendors, and more. Our clients include physicians, multi-specialty and single-specialty physician groups, lifeplan and continuing care retirement communities (CCRCs), skilled nursing facilities, hospital systems and stand-alone hospitals, wellness companies, healthcare entrepreneurs and healthcare technology providers.

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Health Law Services

Digital health and data privacy

Supporting the development of telehealth, telemedicine and healthcare information systems.Negotiating agreements between healthcare technology providers and healthcare organizations nationwide, Chuhak & Tecson attorneys help clients address both the business and regulatory dimensions of digital health transactions and data privacy agreements. We advise both technology companies and healthcare providers on a range of digital health and data privacy matters, including:

  • Health data protection
  • Data privacy risk assessment
  • Emerging digital health services, including telehealth.
  • Vendor contracting
  • Regulatory compliance matters related to digital health models and services.
Healthcare mergers and acquisitions

Advising on all aspects of healthcare mergers & acquisitions.Our Health Law Team represents providers across the healthcare spectrum on transactions involving mergers and acquisitions, which includes affiliations of nonprofit healthcare providers, sales of healthcare providers to private equity firms or other strategic partners and acquisitions of healthcare providers. We advise on:

  • Transactions involving physician practices, CCRCs, lifeplan and senior care facilities, hospitals and other healthcare providers. We are involved with all aspects of negotiation of letters of intent, conduct of due diligence, negotiation of definitive agreements and closing of the transactions.
  • Governance issues relative affiliations, including reserved powers and structuring such governance to be compliant with applicable regulatory requirements.
  • Regulatory issues related to change of ownership requirements as well as any other required regulatory filings in connection with a transaction.  Our Health Law Team is also skilled at navigating both federal, state and private payor requirement in connection with a change of ownership or control.
Healthcare regulatory and compliance

Addressing the full range of issues that govern regulatory compliance and reimbursement. We understand the universe of operational challenges facing healthcare entities, and we provide practical advice on navigating the vast expanse of federal and state laws and regulations governing healthcare providers. We advise on:

  • Compliance with Medicare fraud and abuse and Stark requirements, including identifying potential risk areas to avoid potential future compliance issues, crafting and implementing compliance strategies and structuring transactions to minimize potential legal exposure.
  • HIPAA regulatory compliance, including ensuring appropriate safeguards and policies to protect the privacy, portability, electronic transmission and security of patient protected health information.
Hospitals and health systems

Navigating change and enhancing patient care.We understand the business, organizational and regulatory issues that hospitals and health systems face every day, and we work to bring practical solutions to even the most complex legal and business problems. We advise on:

  • Affiliation agreements, including regulatory issues which arise in the context of joint ventures.
  • Executive compensation, including compliance with IRS requirements related to the reasonableness of compensation for executives of 501(c)(3) entities.
  • Litigation and dispute resolution, including managed-care litigation against national private carriers, defense of employment discrimination claims, litigation related to physician privileges, and general commercial litigation.
  • Governance, including review and analysis of board governance issues and medical staff bylaws.
  • Physician recruitment, including compliance with the Stark and Internal Revenue Service requirements related to physician recruitment.
Lifeplan communities, assisted living and long-term care

Solving the everyday problems facing long-term care and senior housing providers. We have extensive experience working with the full range of lifeplan communities and service providers, including skilled nursing facilities, home health and hospice providers, assisted and independent living facilities, and continuing care retirement communities (CCRCs). We advise on:

  • Regulatory compliance, including fraud and abuse compliance and responding to audits by regulators.
  • Strategic governance compliance plans
  • Contract negotiation, including vendor, service and employment contracts.
  • Tax-exempt bond financing, including assisting with official statements for publicly offered debt, offering memoranda for bank-qualified financing, negotiation of bond documents, due diligence for bond financing, and negotiating lines of credit, letters of credit and real estate financing directly from banks.
  • Litigation and dispute resolution
Physician / Physician group services

A one-stop shop for individual practitioners and physician groups. Most of the physicians and physician groups we work with have no in-house counsel, so we routinely advise on both strategic as well as day-to-day operational issues. Our physician and physician group clients rely on our business and legal advice concerning:

  • Employment issues, including preparing employment agreements, advising on noncompetition restrictions and developing deferred compensation arrangements.
  • Litigation, including litigation related to physician relationships, employment agreements and general commercial litigation.
  • Retirement planning, including advising on the design and implementation of retirement plans and advising individuals on income tax treatment and estate tax planning.

Corporate

The challenges and pressures of running a successful business of any size never stop, nor do you. We understand your world because we work with leaders like you, often as outside general counsel. Legal issues can make the challenges more daunting to manage and distract you from what you do best. That’s why we are right there with you to focus on what really matters, clarify the complex, solve problems efficiently and turn legal counsel into business advantage.

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Estate Planning & Asset Protection

Regardless of the size of your net worth, we can help. Our attorneys have extensive experience drafting estate planning documents from the basic to the complex, always with a focus on achieving your business and personal planning goals. We collaborate closely with clients, so we are right there with you to create, develop and implement integrated and individualized estate plans and asset protection plans.

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Estate & Trust Administration & Litigation

Our attorneys appear daily in the probate courts. Representing beneficiaries, executors, trustees and institutional clients, we administer estates and litigate disputes involving wills, trusts and guardianship estates. We provide counsel on all types of probate and the administration of guardianship and decedent estates and trusts, and advise on the tax ramifications involved in estates and trusts.

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Litigation

When litigation becomes necessary, clients need to know they are in the hands of experienced professionals committed to achieving the best possible outcome in every situation. With our extensive experience before state and federal trial and appellate courts, as well as administrative bodies, Chuhak & Tecson litigators are right there with you – bringing the skills and knowledge necessary to identify and pursue the most efficient path to successful resolution and achievement of client objectives.

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Nonprofit & Tax Exempt Organizations

A clear mission and dedicated professionals are keys to finding success as a nonprofit, tax-exempt organization. So, too, is understanding the business end of a nonprofit’s operations, its legal status and the regulations it must honor. We understand how the governance structure of a nonprofit organization affects its operations and the sorts of questions that executives bring to boards and boards to executives.

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Real Estate

When it comes to real estate, Chuhak & Tecson attorneys enjoy a solid reputation for excellence built on decades of experience serving a broad base of Illinois clients ranging from buyers and sellers to landlords, tenants, lenders, developers, architects, space and land planners, building contractors, real estate brokers and syndicates, owners of historic structures and condominium and homeowner associations.

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Tax & Employee Benefits

Tax laws and regulations are a maze – complex and confounding for the uninitiated. But with more than 30 years of experience guiding clients through tax and employee benefit matters, Chuhak & Tecson attorneys are masters of the fine art of navigating the Internal Revenue Code to minimize tax and thereby preserve assets – for individuals, families and their businesses.

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