In today’s complex world of healthcare, more regulations are being put in place daily to make sure pharmacies and dispensaries comply with laws designed to protect patients. As a result, it has become difficult for pharmacies and pharmacists themselves to navigate the regulatory environment they constantly encounter. In times such as these, situations may develop that result in the need for legal representation. Sometimes there may be questions about fraud and abuse, while other times discussions may need to be held regarding the acquisition and sale of pharmacies. When these or other situations develop, it’s important to have legal counsel that has the experience and knowledge to deal with these and other important matters. That’s what we have here at Joseph Potashnik and Associates, and we will work hard to ensure you obtain the results you need in your case.

What We Do

When you retain our services for your case, we begin by speaking with you at your convenience. Because these situations involve complex regulations and laws, we take the time necessary to answer any and all questions you may have. Some of the most common legal issues our clients have include:

• Compliance with Stark Law and other fraud and abuse laws
• Medicare Part D compliance and reimbursement
• Ownership structures and employment agreements
• Licensure issues and regulations
• HIPAA compliance and Business Associate Agreements

When it comes to any of these issues, it is critical to employ the services of attorneys who deal with these issues each and every day. Here at Potashnik and Associates, that’s exactly what we do. With  years of experience working with clients on these and other issues, we know what it takes to win these cases. Rather than rely simply on cookie-cutter solutions that may be the easiest road to take, we instead take the needs of our clients into consideration and rely instead on innovation and solutions that result in favorable outcomes for our clients.

Pharmacy Management

Over the years, pharmacy management has changed substantially. Gone are the days of locally-owned pharmacies on Main Street, replaced instead with various corporate entities. Because of this, physician groups and pharmacy management organizations are constantly striving to keep pace with the rules and regulations they are required to follow. Due to the complex nature of these laws, it’s almost inevitable that at some point questions will arise and problems will result from a misinterpretation or misunderstanding. When this happens, the penalties can be severe even if there was no intention of wrongdoing. We at Potashnik and Associates understand this, and can use our years of experience to help our clients weave their way through these difficult times and emerge with their reputations and businesses still intact.

Physician-Owned Pharmacies

Despite the boom in corporate pharmacies over the years, there are still pharmacies that are physician-owned. However, these arrangements often come with many laws that must be strictly followed to ensure no conflicts of interest or other potentially fraudulent acts are committed. We regularly counsel our clients on numerous issues pertaining to this, including compliance with the federal Stark Law and other laws pertaining to kickbacks or self-referrals. In many cases where allegations of fraud have been made, the truth often reveals that any mistakes were simply due to being unclear about certain aspects of the law. Rather than have years of hard work to establish a solid reputation be ruined by a mistake, let us at Potashnik and Associates help you maintain everything you have worked so hard to achieve.

Audits and Investigations

Unfortunately, most doctors and pharmacists at some point experience audits and investigations when it comes to Medicare, Medicaid, licensure questions, and more. If and when these occur, we are here to help. Our attorneys constantly educate themselves on the latest laws and regulations pertaining to these areas, making us the most qualified and knowledgeable firm available to assist with these cases. Some of the most common areas in which we have counseled pharmacists over the years include:

• Referral relationships
• Medical necessity
• Pharmacy claims reviews
• Licensure and Educational Standards
• Third-party audits and issues

No matter what type of investigation is being conducted against a pharmacist or physician, we highly recommend retaining legal counsel at all times. In addition, if any questioning takes place with local, state, or federal investigators, it is imperative to always have legal counsel present during these meetings. Even if no charges have been filed, having an attorney present during questioning can allow clients to be made fully aware of their rights as well as have a witness in the event any problems result from the meeting.

Business Agreements

Pharmacy management consists of numerous rules and regulations that must be followed. In addition, there are business agreements with other physicians, employees, pharmaceutical companies, vendors, and others related to the successful operation of the business. While it is always recommended to have all agreements in writing, it’s also recommended that any written agreements be drafted by a qualified attorney to avoid problems later on. We specialize in drafting the most complex of agreements, and can work with our clients to draft compliance agreements, lease agreements, employment contracts, equipment contracts, and much more. For any business to be successful it requires not only hard work and dedication, but also thoroughly understanding the rules and regulations that govern the business. But when questions arise and problems begin to present themselves, having legal counsel that deals with these issues daily can be a tremendous benefit. That’s what we do here at Potashnik and Associates, and we can make sure you and your business are in full compliance with state and federal regulations before any legal issues come about.

Medicare and Medicaid

Like most government programs, Medicare and Medicaid have proven to be some of the most complex ones for doctors and pharmacists to understand on a regular basis. Due to their ever-changing nature, pharmacies find themselves almost constantly at odds with these programs and their regulations. Because of this, these programs are often the basis for many fraud and abuse allegations against pharmacies. We understand the problems associated with Medicare and Medicaid, and will work hard to make sure our clients understand the issues and how to manage their businesses accordingly. Our lawyers are some of the most knowledgeable in legal circles when it comes to Medicare and Medicaid, so you can be sure you are getting advice from people who know the rules inside and out.

Contact Us Today

If you find yourself or your business having problems with any of these or other issues related to pharmacy management, let us help you with your situation. At Potashnik and Associates, we take the concerns of our clients very seriously and will work hard to help them achieve the results they need and deserve. If you need legal representation and want to work with the most qualified attorneys in this field, contact us today. Please visit www.healthcarelawassociates.com to fill out our online contact form, or give us a call at 1-212-577-6677 to speak with one of our attorneys. We understand the hard work that has gone in to building your business, and we will work hard to make sure you get the results you deserve.