Nelson Hardiman is the law firm for behavioral healthcare providers. We understand how the Affordable Care Act and addiction parity laws have fueled unprecedented growth and spawned a burgeoning need for regulatory compliance and new standards of operations, treatment and care. We work closely with federal and state regulators across the country, to understand current regulatory and reimbursement challenges and to forge solutions to emerging behavioral healthcare issues.
Industry leaders for more than a decade, we have gone further than any other law firm to identify and solve the biggest problems facing the industry. We are regularly asked to speak on television news and at national conferences on behavioral health issues. We led the launch of the Behavioral Health Association of Providers (BHAP) to establish guidelines to help the behavioral healthcare industry comply with the ever-evolving regulatory landscape. We handle every facet of legal services and solutions for behavioral healthcare providers and are frequently acknowledged as thought leaders for our work. In short, there is nothing we can’t do for behavioral healthcare providers.
Nelson Hardiman champions compliance standards for addiction and recovery treatment providers. We led the launch of the Behavioral Health Association of Providers to establish guidelines for addiction and recovery professionals to operate ethically and comply with industry standards. We guide addiction treatment providers through regulatory and reimbursement challenges and make sure our clients stay on top of the ever-changing standards impacting the industry.
We have worked closely with the widest range of addiction and recovery treatment providers, giving strategic advice on new opportunities and advising on business and regulatory matters. Recently, addiction parity laws and the burgeoning opioid crisis have fueled unprecedented growth in addiction treatment providers, precipitating the launch of new facilities and the growth of existing providers. We are on the ground floor, helping clients deal with these and other issues impacting the treatment industry.
Our Work Includes:
- Compliance Assisted national substance abuse recovery organization with compliance program design, implementation, and extensive state-level certification and licensure.
- Compliance Oversaw Medicare Part C compliance for addiction treatment service.
- Regulatory Assisted drug and alcohol rehabilitation center with navigating several state’s laws and regulations governing the storing and administration of Naloxone, a drug used to resuscitate individuals experiencing an opioid overdose.
- Regulatory and Reimbursement Developed addiction treatment regulatory and reimbursement strategy for professional supervision, scope of practice, and operational compliance issues.
- Reimbursement Advised scores of facilities on reimbursement compliance in addiction treatment.
- Standards of Care Developed 30-state guidance document on clinical standards of care, scope of practice, supervision of personnel and operational requirements for addiction treatment.
- Whistleblower Defense. Settled a potentially large whistle-blower lawsuit on behalf of an addiction treatment facility.
Known for our work in the behavioral health industry, Nelson Hardiman represents a broad range of residential facilities throughout Los Angeles and the State of California. The state’s leading providers of group home services trust us to understand the industry and their business objectives.
Our clients include adult residential facilities, programs for children, including residential schools, substance abuse treatment and sober living facilities, congregate living health facilities, and group homes. We are proactive and committed to representing group home providers in transactions and regulatory matters with a strong focus on policies and procedures related to licensure, certification, and compliance with privacy and security laws and regulations. We have the industry awareness and deep experience to guide group home providers through a demanding, highly-regulated and challenging legal environment.
Our Work Includes:
- Employment Drafted employment contracts, employee handbooks and independent contractor agreements for adolescent group homes.
- Licensure and Certification. Advised on licensure, certification and/or related matters with respect to group homes and social rehabilitation facilities.
- Litigation Prevailed in a trial on behalf of a licensed provider of assisted living services to the developmentally disabled against a former employee for wrongfully poaching clients.
- Real Estate and Land Use Counsel on commercial real estate transactions, zoning regulations, CUP applications, and related property use and development issues, including use of residential properties for healthcare services such as rehabilitation facilities.
- Regulatory Compliance Counsel on all regulatory aspects of healthcare, including for assisted living, rehabilitation facilities, sober living, and related entities.
- Rehab Center Opioid Overdose Regulations Guided drug and alcohol rehabilitation center through multi-state legal requirements for storing and administering a drug used to resuscitate individuals experiencing an opioid overdose.
Nelson Hardiman understands that providing healthcare services to individuals with mental health issues is complicated — requiring an understanding of the multiple bodies of law that govern the treatment, rights and protections of these patients.
We are known for our depth of experience in meeting the needs and accomplishing the goals of mental health treatment providers. Our advice and counsel extend across all phases of the business cycle, and also focuses on resolving complex regulatory and dispute matters. Nelson Hardiman counsels mental healthcare providers on every conceivable business, regulatory, and strategic challenge encountered within the scope of the myriad state and federal laws that govern mental health treatment and related issues of medical privacy.
Our Work Includes:
- Contracts Negotiate and structure employment, health system and managed care contracts.
- Licensure and Certification Advised on licensure, certification and/or related matters with respect to social rehabilitation facilities.
- Life Coach Organization Compliance Counseled life coaching organization on compliance with mental health professional licensing laws.
- Privacy and Information Security Counseled providers on HIPAA and state health information privacy laws and development of privacy compliance programs.
- Psychotherapy Patients’ Right to Privacy Involved in an ongoing case before the California Supreme Court concerning whether a patient has the reasonable expectation of privacy with a therapist.
- Reimbursement Audits and Investigations Represent mental healthcare providers in reimbursement audits and investigations, including DEA inquiries; conduct audit risk assessments.
- Transactions Advise on all aspects of business transactions, including mergers & acquisitions, asset purchase and sales agreements, and joint ventures.
- Reimbursement Successfully defended autism resource provider against reimbursement audit and recoupment effort from a commercial health plan.
- Compliance Structured licensing compliance and negotiated contracts for a national network of school-based providers of services to students on the autism spectrum.
- Reimbursement Dispute Resolved reimbursement dispute and negotiated in-network relationship for a provider of child developmental disability services.
- Private Equity Investment Negotiated private equity investment into Applied Behavior Analysis (ABA) provider clinics.
Nelson Hardiman is adept at confronting the legal issues encountered by healthcare providers and programs that treat children with autism, developmental disabilities, and other related language disorders. Our knowledgeable counsel resolves regulatory challenges head on, proactively positioning providers of youth and family healthcare services for optimal effectiveness.
While the Mental Health Parity Act of 2008 and the Affordable Care Act have improved the availability of applied behavioral analyst services, speech and language pathology, and occupational and physical therapy resources, there remain many challenges in ensuring coverage and appropriate reimbursement. In the face of rising demand for services, we apply our extensive regulatory knowledge to help youth and family services providers meet a wide range of business, regulatory, and strategic challenges.
Our Work Includes:
- Business Matters Negotiate the formation, purchase and sale of entities, advise on business structuring for organizations subject to corporate practice of medicine requirements and defend partnership disputes.
- Compliance Manage Family Education Rights Privacy Act (FERPA) compliance requirements, HIPAA and state patient data privacy and security requirements.
- Contracts Negotiate payor and provider contracts.
- Regulatory Defense Provide representation across the full spectrum of regulatory board investigations and hearings.
- Reimbursement Handle reimbursement audits and investigations by private and governmental payors, including the Regional Centers and defend reimbursement disputes.
- Data Privacy Advised on health data privacy and security issues for your and family services center.