Practice Areas

Ambulatory Surgery Centers

Kern Augustine can offer sound, experienced advice, in all aspects of ambulatory surgery center (ASC) operations, including formation, merger and acquisition, real estate transactions, governance and business line development. The firm also offers representation of ASCs, their medical staffs or individual members in disciplinary actions, staff privileges disputes, restrictive covenant litigation and reimbursement audits and disputes.

Arbitration

Waiting for our court system to resolve a dispute is often costly, inefficient and unsatisfying. Kern Augustine’s mediation and arbitration services include certified mediators who can help clients work through almost any type of conflict and reach an amicable resolution – whether the conflict involves partners, associates, employees, or spouses.

Asset Protection

In today’s litigious society, careful thought must be given to protection of hard earned assets. At Kern Augustine, we will work with you to provide maximum protection for your home, business, and other assets.

Business Planning / Transactional Services

A myriad of federal and state laws and regulations significantly affect both the substance and structure of business transactions entered into by healthcare professionals. Kern Augustine provides representation in preparing partnership and shareholder agreements, equipment purchase and lease agreements, employment agreements, sale and purchase agreements, and joint venture agreements – all in compliance with healthcare specific laws and regulations.

Complex Personal Injury

For difficult cases involving substantial bodily injury, Kern Augustine provides extensive litigation expertise. We have successfully represented our clients in both federal and state courts, and have often resolved cases well before trial through the strength of our services.

Compliance Programs

Creating and maintaining an effective compliance program meeting Office of Inspector General (OIG) guidelines is of critical importance. Complex regulations affect every aspect of professional practice, from billing and collection and fraud and abuse to HIPAA privacy requirements. Kern Augustine provides a complete package of compliance services that meet or exceed the guidelines of the OIG while ensuring maximum confidentiality of communication.

Criminal Law

The F.B.I., the United States Attorney, State Attorneys General, as well as a number of various prosecutors, are all charged with the investigation and enforcement of criminal laws affecting healthcare professionals. These laws provide severe sanctions for billing irregularities, fraud, abuse, drug related activities, and other criminal acts. Kern Augustine provides experienced criminal counsel to those faced with criminal investigation or prosecution.

Employment and Personnel Matters

Our experts in labor law help assure compliance with all federal and state labor/employment laws and provide assistance in every aspect of personnel management, from resolving employee grievances to mediation of personnel disputes and preparation of personnel manuals and handbooks. When employees sue, Kern Augustine has a team of experienced litigators to defend against claims of wrongful termination, discrimination, harassment, breach of contract, ‘whistle blower’ actions and all other types of employee claims.

Estate Planning

Our tax experts offer a wide range of tax planning and estate planning services, with careful attention paid to coordinating personal and business objectives in tax efficient plans. ERISA, qualified retirement plans, wills, trusts, estate administration, and lifetime wealth transfer planning are among the services provided.

HIPAA

Kern Augustine has prepared a complete set of documents necessary for HIPAA compliance, which offers a comprehensive HIPAA compliance program and provides representation against HIPAA related charges or allegations.

Impairment

For impaired practitioners seeking to locate appropriate help without fear of reprisal or disciplinary action, we offer prompt, confidential assistance.

Litigation

Although it is always our goal to help clients avoid conflict, when litigation is inevitable, our experienced representation is reassuring. Kern Augustine has developed a noted reputation for achieving success. Kern Augustine provides representation in administrative, criminal and civil courts, and before hospitals and federal and state agencies, ranging from complex claims of medical malpractice and fraud, to issues of harassment, wrongful termination, loss of privileges and breach of contract.

Mediation

Waiting for our court system to resolve a dispute is often costly, inefficient and unsatisfying. Kern Augustine’s mediation and arbitration services include certified mediators who can help clients work through almost any type of conflict and reach an amicable resolution – whether the conflict involves partners, associates, employees, or spouses.

Medical Financial Audits

Kern Augustine has years of experience in providing comprehensive assistance to physician practices and other health care providers facing reimbursement demands by Medicare, Medicaid and other third-party payors. Our firm successfully challenges retrospective overpayment demands, provides representation in administrative appeals, and aids in obtaining favorable resolution of CMS audits, RAC audits, and other third-party reimbursement issues. Kern Augustine also helps clients identify billing and compliance issues and implement an effective compliance program.

Medical Malpractice Defense

In today’s environment, a medical malpractice verdict can ruin a career. Even one judgment can make it impossible to obtain malpractice insurance. Since most states and hospitals require insurance in order to practice, an adverse verdict can destroy your career. Moreover, depending upon the state, the verdict may be posted on the internet on your professional profile. In defending a medical malpractice case, however, the interests of the insurance company may not always be the same as the interests of the insured. Keeping down the cost of litigation, and early settlement of a claim may be good insurance business, but bad for the insured. Kern Augustine provides second opinions on medical malpractice cases, and “shadow counsel” services, to assure you that your interests are being properly protected at all stages of litigation.

Medical Staff Actions / Hospital Relations

In all matters concerning your relationship with hospitals, Kern Augustine offers sound, experienced advice, including representation before hospital committees in disciplinary actions, staff privileges disputes, exclusive service agreements and issues involving competition with hospitals.

Professional Licensing and Discipline

Nothing may be more important to a professional’s career than his or her license to practice. Kern Augustine’s attorneys appear regularly before state professional licensing boards, hospital committees, Medicare, Medicaid, Peer Review Organizations and other government agencies.

Risk Prevention

Like preventive medicine, planning ahead to ensure that your practice remains healthy is critical. Kern Augustine excels at helping our clients prevent risk through in-depth analysis of business relationships and compliance regulations, and the evaluation and confidential resolution of disputes.

Tax Planning

Our tax experts offer a wide range of tax planning and estate planning services, with careful attention paid to coordinating personal and business objectives in tax efficient plans. ERISA, qualified retirement plans, wills, trusts, estate administration, and lifetime wealth transfer planning are among the services provided.

PHYSICIAN ADVOCACY

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Members enjoy peace of mind knowing that they have reputable counsel available whenever a government inquiry arises.
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