Bernstein Shur is one of northern New England's largest multi-service law firms, with more than 100 attorneys in Portland and Augusta, Maine & Manchester, New Hampshire. Established in 1915, the firm provides practical legal counsel to a diverse group of public and private clients throughout the region and around the world. Bernstein Shur attorneys share a commitment to excellence and an unwavering dedication to client success.
Bernstein Shur's Health Care Practice Group represents physicians and other health care professionals, physician group practices and associations, joint ventures, hospitals, mental health and substance abuse agencies, nursing homes, home health care agencies, pharmacies, and other health care providers throughout Maine and northern New England. Our Health Care Practice Group is comprised of attorneys from diverse disciplines within the law firm, working together to meet our clients' needs for legal counsel, and transactional and litigation representation. We pride ourselves on being Counselors at Law.
Counsel & Defense of Medical Licensure Cases
We are known for our counsel and defense of physicians in licensure investigations and complaints by the Medical & Osteopathic Licensure Boards in Maine and in New Hampshire. We regularly represent all other health professionals in cases before their licensing boards.
Risk Management and Ethics Consultation
We regularly provide counsel and advice to physicians and other health care providers concerning a wide range of practice issues, including: Confidentiality & Ethical issues; Management of PHI and handling HIPAA issues; State and Federal agency investigations of physicians and other health care practitioners; Mandatory reporting issues; Subpoenas; Charting and billing issues; EMR Issues; and Risk management issues. We regularly represent physicians and other health care providers in matters involving Medicare and Medicaid (MaineCare) audits, investigations and actions, in DEA investigations and proceedings, and in issues concerning impaired and recovering health professionals.
Business Planning and Transactions
We provide counsel and handle business transactions for physicians and other health care practitioners, group practices, hospitals and agencies involving: Mergers and acquisitions of practices, Antitrust advice and counsel, Operational matters, Long-term strategic planning, Contract negotiations, Regulatory compliance, and General corporate advice and legal compliance.
Employment, Pensions, and Benefits
We provide employment and labor advice concerning: Employment policies, practices, and counseling, Employment contracts, Employee handbooks, Employment litigation, Wage and hour issues, Sexual harassment counseling and litigation, ERISA, and Pension, disability, and other benefits.
Fraud & Abuse
We represent physicians and other health care providers, hospitals, mental health and substance abuse treatment agencies conduct internal Fraud & Abuse investigations and in defending and providing counsel regarding Federal and state Fraud & Abuse audits, investigations, and legal proceedings.
We provide counsel, represent and defend substance abuse treatment and mental health Agencies, and other Agency licensees, regarding audits, investigations, complaints, and licensure cases brought by Maine DHHS and other state and Federal agencies.
Peer Review Proceedings
We represent physicians and other providers, hospital medical staffs, and hospital administrations and governing bodies in peer review investigations and proceedings, corrective action proceedings, and other credentialing matters.
We provide tax counsel and advice to physicians, group practices and other health care providers and Agencies concerning many federal and state tax issues, including: Tax planning for individuals and group practices concerning structure and operations, Tax implications of medical practice and business decisions, Relationships with hospitals and other health care providers, Joint ventures and other relationships between non-profit and for-profit organizations, Recognition of tax-exempt status, sophisticated charitable giving techniques, Estate planning and asset protection, and defense of investigations by taxing authorities.
"White-Collar" Criminal Defense
We represent physicians and other health care practitioners involving Federal and state criminal investigations and prosecutions related to the provision of health care services, as well as on Drug charges, Fraud & Abuse investigations and prosecutions, and other allegations related to the provision of health care services.