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CRIPA Litigation
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CMS Appeals & Funding
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ADA Litigation
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Fraud & Abuse
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Stark Cases
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Health care is a large and fast growing area of law. Its size and complexity increasingly lead to high-stakes litigation among providers, manufacturers, insurers and, overwhelmingly, federal and state law enforcement agencies. Disputes that were once easily resolved have been increasingly more difficult to manage and have resulted in multi-million dollar judgments. And for targeted industries such as hospital systems, nursing facilities and assisted living facilities the stakes in fraud cases sometimes exceed billions. If you are a health care provider, you deserve a highly skilled and experienced law firm to meet the challenges of health care litigation. York Legal Group is ideally suited to meet that need. As one of the most experienced health practices in the country, York Legal Group offers a range of dispute avoidance and litigation services that is significant in scope and competence. Because we are knowledgeable, not just in health care litigation but in all phases of health care financing, delivery and reimbursement, The attorneys and consultants at York Legal Group have the resources that frequently allow clients to resolve disputes with government agencies and payers at an early stage, often in conjunction with internal investigations that our lawyers conduct on behalf of management, boards of directors and audit committees. Our litigators, who often have high-level governmental prosecutorial backgrounds, have successfully litigated numerous court cases and settled cases through alternative dispute resolutions. York Legal Group offers:
- An outstanding record of successes defending fraud and qui tam cases, regulatory and securities cases, government contracting litigations and reimbursement and financing matters of all kinds.
- Broad experience in complex health issues, civil litigations and compliance investigations before federal and state courts and administrative and private tribunals.
- Highly skilled courtroom lawyers, with senior governmental experience, who have been successful before trial courts and juries, courts of appeals and the Supreme Court of the United States.
- A level of substantive integration that results in new approaches and a thorough understanding of complex health care legal and litigation issues, and which judges and juries rely upon.
Civil Rights for Institutionalized Persons Act (CRIPA) litigation
The Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq., gives the Attorney General the authority to investigate conditions in public residential facilities and to take appropriate action if a pattern or practice of unlawful conditions deprive persons confined in the facilities of their constitutional or federal statutory rights. From May 1980, when CRIPA was enacted, through September 1998, the Department investigated conditions in 327 facilities including but not limited to mental retardation and mental health facilities, as well as nursing homes. As a result of the Department's CRIPA investigations, many institutions were found to be out of compliance with the statute. Our firm has represented many institutions during these investigations and has provided expertise through each stage of the Department of Justice investigation and CRIPA litigation.
CMS Appeals
The York Legal Group, LLC provides counseling and litigation services involving regulatory dealings with CMS, whether at the licensing stage, operating guidelines, survey procedures, communications with CMS, processing of appeals, or litigation concerning CMS funding. The attorneys at the York Legal Group, LLC have decades of combined experience in counseling clients dealing with CMS surveys and CMS funding issues and appeals.
Because this is a new area of regulatory involvement, and, due to the changing demographics of the United States population, the area of CMS Compliance is rapidly changing and expanding. Because the penalties for noncompliance are so severe, we counsel our clients to make every effort to stay up to date with the latest developments in CMS regulations.
Fraud & Abuse Litigation
Physicians, hospitals, managed care organizations and many other providers of health services face significant regulatory hurdles as payors attempt to combat health care fraud and abuse. In addition, the efforts by payors to reduce or at least contain costs have challenged health care providers to develop new professional relationships and organizational structures. However, many of these new relationships and structures must be reviewed carefully to ensure that a wide array of federal and state laws governing fraud and abuse are not violated. York Legal Group has counseled health care organizations throughout the country in managing the risks of fraud and abuse. The rules governing fraud and abuse continue to evolve as new laws are passed, new regulations are promulgated, new cases are tested in the courts, and new government settlements take place.
York Legal Group provides complete legal support for health care organizations in connection with fraud and abuse compliance, state and federal anti-kickback, self-referral, false claims and secondary payor issues.
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ADA Defense and Compliance
York Legal Group, LLC also has an unparalleled track record in defending companies against ADA compliance violations. We proactively protect our clients from potentially costly ADA compliance law-suits by recommending and assisting in the implementation of preventative measures. Experience and knowledge in this area of law is critical to success in the defense of ADA compliance violations.
York Legal Group, LLC will help you understand the meaning of disability, reasonable accommodation, undue hardship, readily achievable barrier removal, program accessibility and the law's many other key terms in plain English. In addition, we highlight steps that should be taken to ensure ongoing compliance.
ADA regulations, enforcement guidance and accessibility standards are complex and ever-evolving -- it is critical for business owners to keep up with these changes and standards.
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