Firm Overview:

The attorneys at Popovits & Robinson offer substantial experience in health care law as well as a unique background of providing counsel on health care legal issues in an in-house setting. As former in-house counsel, the attorneys have an appreciation for the balancing of business, financial, political, clinical, medical, legal and ethical decisions that health care providers encounter. This experience enables the attorneys to provide comprehensive legal advice to their clients while taking into consideration management, business and clinical issues.

The attorneys at Popovits & Robinson are dedicated to rendering superior legal services to our clients.

Practice areas of concentration include:

Corporate Transactions.
Our attorneys have structured joint venture relationships, mergers, affiliations and strategic alliances between and among various health care providers. The firm has worked with a number of health care providers on all phases of mergers and affiliations. With its unique regulatory and corporate experience in the health care field, the firm has been instrumental in expediting necessary approvals to facilitate the transaction as well as operational integration.

Network Development.
Our attorneys have created new entities on behalf of groups of health care providers, allowing the providers to better position themselves in a managed care environment.

Managed Care.
Our attorneys have assisted health care providers in creating preferred provider organizations, provided guidance on statutory and regulatory requirements applicable to managed care organizations, and assisted organizations with developing and implementing intensive case management and utilization review products. Our attorneys have drafted, reviewed and negotiated numerous managed care contracts and provided clients with guidance concerning the risks and benefits of specific managed care relationships.

Fraud and Abuse.
Our attorneys have reviewed proposed activities and relationships to advise health care providers on fraud and abuse, anti-kickback and self-referral restrictions.

Business Organizations.
Our attorneys have formed corporations and limited liability companies, dissolved entities, merged entities, filed annual reports, prepared corporate resolutions and unanimous consents, drafted and reviewed corporate minutes, prepared board summaries, amended articles and bylaws, and drafted and negotiated shareholder agreements and operating agreements.

Corporate Compliance Programs.
Our attorneys have created corporate compliance programs to meet the specific needs of health care providers. Our attorneys are available to conduct presentations to health care providers on the steps required to implement a corporate compliance program, provide guidance on the formulation and implementation of compliance programs, and conduct in-house trainings for staff on various compliance program components.

Regulatory Compliance.
Our attorneys have provided guidance to health care organizations to assist them with licensure issues, reimbursement issues, and compliance with existing and newly adopted state and federal regulations. Our firm is also uniquely qualified to provide guidance to substance abuse treatment providers on HIPAA compliance. The attorneys have provided numerous trainings and have established HIPAA task forces for providers, as well as worked as a consultants to provider associations, DHS/OASA and DSAT on HIPAA compliance issues for health care providers.

Health Care Contracting.
Our attorneys have a wide range of experience in health care contracting, including managed care, independent contractor arrangements, physician and professional services, management services, grants and funding, employment, licensing, vendor contracts, equipment and real property leases, real estate purchases, strategic alliances and publishing.

Tax Exemption.
Our attorneys have provided counseling to health care providers regarding tax issues critical to tax-exempt organizations. Our attorneys have reviewed various arrangements between tax-exempt health care providers to advise these providers on the tax-exempt implications of such arrangements. Our attorneys have provided advice on proposed restructuring arrangements to assist in compliance with tax exemption requirements. Our attorneys also have prepared various federal and state tax filings, including Internal Revenue Service Forms 1023 and 1024, property tax exemption applications and sales tax exemption requests.

Confidentiality.
Our attorneys have researched and responded to medical record subpoenas and addressed issues pertaining to mental health, substance abuse and HIV/AIDS confidentiality. In addition, our attorneys have provided guidance concerning the mandate to report child abuse and neglect. Our attorneys also have advised clients on MIS issues concerning the confidentiality of computerized records and information forwarded over the Internet. Our attorneys have reviewed confidentiality regulations governing information maintained by state and local agencies and provided recommendations on interagency data sharing to facilitate evaluation and outcomes monitoring. Our attorneys are available to conduct on-site training for providers’ staff in these areas or develop policies and procedures for providers’ facilities. In the confidentiality area, Ms. Popovits is recognized as a national expert on the issue.

HIPAA Compliance.
The firm has unique expertise in the HIPAA compliance area. The firm has served as a subcontractor to the U.S. Dept. of Health and Human Services on developing a variety of HIPAA privacy technical assistance products for providers and state agencies. The firm has also conducted regional trainings of state agencies across the country on HIPAA privacy regulations and compliance. The attorneys have examined HIPAA compliance issues, analyzed hybrid entities and developed compliance plans for numerous providers, including establishing HIPAA task forces, reviewing consent forms, patient notices and policies/procedures, assisting with PHI inventories and assessment, reviewing and revising business associate agreements, developing training materials and conducting HIPAA information sessions for Boards of Directors, management teams, HIPAA task forces and front-line staff.

Administrative and Regulatory Representation.
Our attorneys have represented health care providers in select administrative and regulatory matters, including the Occupational Safety and Health Administration, Internal Revenue Service, U.S. Equal Employment Opportunity Commission, Illinois Department of Human Services, Office of Alcoholism and Substance Abuse, Illinois Department of Public Health, U.S. Department of Housing and Urban Development, zoning boards, and other agencies involved in licensure, reimbursement, rule making and other administrative issues.

Health Policy Issues.
Our attorneys have assisted health care providers in advancing important health policy issues by participating in public policy initiatives, serving on state advisory committees, providing information on public policy initiatives, providing guidance concerning proposed legislation and drafting legislative and regulatory provisions.