The healthcare industry is heavily
regulated and we recognize the need of providers to respond effectively and
efficiently to regulatory requirements. Our attorneys have extensive
experience in regulatory maters. We are committed to analyzing a rapidly and
frequently changing regulatory environment and keeping our clients advised of
regulatory changes affecting their operations. We conduct educational seminars
on statutory and regulatory changes sponsored to different healthcare
providers.Admission
Agreements and Policies
We have assisted providers in
developing nursing facility, personal care and other agreements which
facilitate compliance with regulatory requirements for admission and care. We
are familiar with the many regulations governing relationships between
providers and resident/patients. We have participated in developing policies
for healthcare providers to comply with discrimination laws in the admission
and transfer and discharge process.
Medicaid Certification and Bed
Expansion
Our attorneys work with providers
and their consultants and accountants to acquire regulatory approvals
necessary for the expansion or development of new healthcare services and
facilities. We are familiar with the regulatory process and the regulators,
and we work to resolve Medicaid Certification issues expeditiously. We
recognize that the viability of a project depends on the prior approval of
state agencies who must approve any bed expansion or replacement. Sound
business judgment often requires the avoidance of litigation over bed
expansion or replacement because of its potential adverse consequences and
corresponding delay in any project development. Where, however, litigation is
unavoidable, we provide aggressive and practical representation. We also
assist our clients in obtaining Certification applications to add new or
replacement beds from the Department of Public Welfare, where those
applications are appropriate for the proposed market area, as well as
objecting to such applications where those applications are inappropriate for
the proposed market area.
End of Life Termination
Decisions and Advance Directives
Our firm has followed the
development of the law in the area of self-determination in the dying process.
We have assisted providers in responding to the Patient Self-Determination Act
and the Advance Directive for Healthcare Act. We have assisted providers in
making delicate decisions about the withdrawal of life sustaining treatment in
difficult circumstances. We have provided guidance to providers in developing
ethical committees and practical responses to the challenges of ever-expanding
technology which preserves life beyond natural means. W also are familiar with
and sensitive to conscious objection and possible moral constraints in
developing policies on the withdrawal of life sustaining treatment,
particularly nutrition and hydration. We have conducted seminars on Advance
Directives for our clients and have assisted them in formulating policies to
deal with this complex and problematic area of law.
Acquisitions
We also are familiar with the
issues related to the acquisition or sale of healthcare facilities for both
non-profit and for-profit and have acted as special or corporate counsel in
numerous transactions. We work to structure transactions to enhance
Medicare/Medicaid reimbursement and streamline payment.
General and Corporate Counsel
The Law Office of W. Craig Knaup
represents a number of institutional healthcare providers. We are familiar
with the general corporate and business issues which every business, including
healthcare providers, must confront. We have assisted in restructuring some of
our clients to better position them for the risks and challenges of a changing
healthcare delivery system. We have helped to reorganize the corporate
structure of some of our clients to enhance their ability to participate in
joint enterprises or diminish the risk associated with expanding into new
service areas.
Home Health, Adult Day Care, and
Community Based Services
We can assist our clients in both
acquiring and developing home health agencies and community based service
organizations. We are familiar with the regulatory and reimbursement framework
governing the delivery of home health, adult day care, and community based
services.
Licensure and Certification
Our office is familiar with
requirements for participation in the Federal and State reimbursement
programs. We have assisted providers in obtaining and maintaining required
licenses and certifications in the delivery of regulated healthcare services.
In long-term care, we take pride in our familiarity with the survey and
enforcement process. We have assisted providers in responding to both state
and federal regulators, and in resolving alleged deficiencies. We have
followed closely the new survey and enforcement system, and have provided
educational seminars on the new enforcement system for the provider community.
We have been instrumental in assisting providers to successfully utilize the
informal dispute resolution process. We recognize the sound business sense of
resolving survey disputes amicably without relinquishing the merits of a
provider's position, and while preserving a provider's appellate rights. We
bring to our clients familiarity with the regulations, the survey process, the
regulators and the administrative appeal process. The broad experience we have
gained from assisting providers through the difficult survey process is
available to our clients.
Managed Care
Our attorneys have assisted
providers in developing contractual relationships with managed care plans and
are familiar with the contractual nuances and risks associated with managed
care contracts. As providers adapt to the growth of managed care and its
increasing market penetration, we are able to negotiate and structure
relationships designed to integrate the provider into selected managed care
networks which are beneficial to the provider.
Medicare/Medicaid Reimbursement
The Law Office of W. Craig Knaup
has successfully litigated Medicare and Medicaid reimbursement appeals before
the Provider Relations Review Board, the HCFA Administrator, DPW's Bureau of
Hearings and Appeals, and the Board of Claims. The Firm has also handled
numerous appellate court matters for its clients, both in the Commonwealth
Court and the Pennsylvania Supreme Court. The Law Office of W. Craig Knaup has
also handled administrative appeals and regulatory matters in New Jersey.
Strategic Planning
We can assist providers in
considering the legal and related aspects of responding to the changing
healthcare delivery system. We can also assist providers in developing plans
to deal with the changing delivery system and to overcome the legal challenges
associated with positioning a facility for its best possible future economic
position.
Subacute and Rehabilitation
Services
We have worked with providers in
developing subacute and transitional care units, including obtaining
exemptions and exceptions to the Medicare routine cost limits. We have worked
with providers in negotiating managed care agreements which recognize the need
to reimburse higher acuity care at higher rates. We are familiar with the
reimbursement and regulatory framework governing hospital based skilled
nursing facilities and rehabilitation hospitals. We have assisted providers in
planning to take advantage of the growing subacute, transitional care market.
Collections
As an integral part of its health
care practice, The Law Office of W. Craig Knaup is dedicated to providing
effective collection services at a reasonable cost. Experienced attorneys,
knowledgeable of important federal and state laws and regulations limiting
health care provider collection activities in both New Jersey and
Pennsylvania, guide our clients safely and efficiently through the health care
collection process. We are experienced in utilizing Pennsylvania’s Interim
Assistance regulations to obtain for our clients every advantage in obtaining
Medical Assistance eligibility for their residents. In matters not involving
Medical Assistance, we strive to provide our clients with aggressive, high
quality representation, as governed by the Fair Debt Collection Practices Act,
and to obtain the highest debt collection possible at the lowest possible
cost.