Physical Therapists

physical therapistNelson Hardiman is proud of its expertise in offering legal representation to physical therapists and other health professionals in the physical therapy industry.  In recent years, there has been a significant increase in the number of people who are eligible to receive physical therapy services through their health coverage. With this increase in eligible clients, the demand for physical therapy services has drastically risen and will only continue to rise. Moreover, a recent bill seeking to phase in telehealth services for Medicare beneficiaries would add physical therapists to the list of providers who are eligible to offer telehealth services.  In this climate, physical therapists must be particularly mindful to comply with the various laws, rules, and regulations that govern their field. Nelson Hardiman understands the unique issues facing physical therapists and has extensive experience representing a large number of physical therapists across a broad range of business, regulatory, and strategic challenges. Recently, for example, Nelson Hardiman successfully defended a physical therapist in an investigation by the Physical Therapy Board of California that had been prompted by a patient’s complaint alleging fraudulent billing practices. Upon reviewing Nelson Hardiman’s comprehensive response to the allegations, the Physical Therapy Board decided to close the matter with no further action.

Nelson Hardiman has assisted physical therapists in navigating various business transactions, including the formation of professional corporations, preparing associate buy-in agreements, purchase and sale agreements, space-sharing agreements, and managed care network contracts. We have assisted physical therapists in defending against various regulatory issues, including license investigations for reasons of negligence, DUI or substance abuse, criminal charges, record-keeping, and fraud, and defending against reimbursement audits and investigations by government payors. Nelson Hardiman has advised physical therapists on a variety of compliance issues, including compliance with the Stark and Anti-Kickback Statute, compliance with HIPAA and state patient data privacy and security requirements, audit risk assessments, and compliance with documentation and medical necessity requirements. Nelson Hardiman is also experienced in litigation matters, including provider enrollment appeals, Medicare reimbursement disputes, overpayment appeals, False Claims Act / Qui tam whistle-blower litigation defense, Medi-Cal suspensions and Medicare exclusions, and other general business and employment litigation.