Autism/Youth and Family Services

Nelson Hardiman represents applied behavioral health facilities and providers, including numerous programs that treat children with autism, developmental disabilities, and other related language disorders. While the Mental Health Parity Act of 2008 and Affordable Care Act have improved the availability of resources (with payors no longer able to deny coverage based on the claim that services were educational in nature), there remain many challenges in ensuring coverage and appropriate reimbursement. As the demand has risen for applied behavioral analyst services, as well as speech and language pathology, occupational and physical therapy, so too has the need for counsel knowledgeable in the regulatory area. Nelson Hardiman counsels and assists limited autism treatment entities and other youth and family services providers with a wide range of business, regulatory, and strategic challenges, including:

  • Business Transactions
    • Formation of entities and business structuring for entities subject to corporate practice of medicine requirements
    • Purchase and sale of businesses
    • Negotiation of payor and provider contracts
  • Regulatory Defense
    • Regulatory board investigations and hearings
    • Reimbursement audits and investigations by private and governmental payors, including the Regional Centers.
  • Compliance
    • Compliance with Family Education Rights Privacy Act (FERPA) compliance requirements
    • HIPAA and state patient data privacy and security requirements
  • Litigation
    • Reimbursement disputes
    • Business litigation, including partnership disputes