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Michael Schaff, J.D., LLM., MBA, Chair, Corporate & Healthcare Departments

Wilentz, Goldman & Spitzer, PA

90 Woodbridge Center Drive
Woodbridge, New Jersey 07095
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MSchaff@Wilentz.com
http://www.wilentz.com
P:. (732) 855-6047
F: (732) 726-6552

Jurisdiction

New Jersey, New York, Pennsylvania

Biography

Michael Schaff, chair of the Corporate and Healthcare Departments and shareholder of Wilentz, Goldman & Spitzer P.A., offers clients an exceptional understanding of the law, as well as a unique educational background rooted in business, finance, and taxation. These exclusive skills enable him to assess the business ramifications of any business transaction, contract, agreement or negotiation. His knowledge has been particularly beneficial to the structuring of professional practices for many healthcare professionals including physicians, dentists, chiropractors and others; for the structuring of business entities; for entities interested in buying, selling or merging businesses; and for a variety of other manufacturing, retail, and service businesses requiring legal experience. Additionally, Mr. Schaff has served as general corporate counsel for many privately-held companies.

Mr. Schaff was a member of the Board of Directors of the American Health Lawyers Association (AHLA) from 2006 to 2012 and was Board Chair of Practice Groups (2010-2012), on its Executive Committee (2010-2012) and Finance Committee (2011-2012), a past chair of AHLA Physicians Organization Committee and was the editor of its newsletter. Active in the New Jersey State Bar Association (NJSBA), he is a past chair (1999-2000), director (1996-2013) and currently on the Emeritus Board of the Health Law Section. In March 2008, Mr. Schaff received the Middlesex County Bar Association’s Transactional Attorney of the Year Award. Michael was the recipient of an Outstanding Physician Practice Lawyer for 2007 by Nightingale’s Healthcare News. In May 2006, Michael received the NJSBA Health and Hospital Law Section first Distinguished Service Award. Michael was appointed by the New Jersey State Legislature as the only attorney member of the New Jersey Legislature Committee for the Study of Pain Management.

Michael is currently the chair of the program planning committee for AHLA’s Physician Organization Law

Michael is the Co-chair of the program planning committee for AHLA’s Physicians and Hospital Law Institute to be held February 2014 in Las Vegas (member 2005-2010, Co-chair 2014 – ) and speaker (2003-2014). Michael also was on the planning committee & chair of AHLA’s Fundamental Health Law in Chicago (chair, 2010-2012 and speaker 2004-2013). Michael was appointed to the AHLA’s Managed Care, Medical Malpractice Insurance Subsidies Task Force, and Stark II Members Briefing Task Force. He is also a member of the Medical Group Management Association and the Computer Law Association. Michael is a past chair of the NJSBA Internet and Computer Law.

Mr. Schaff is also an Adjunct Associate Professor at Rutgers Robert Wood Johnson Medical School (formerly UMDNJ) and at St. John’s University, and on the Advisory Board of Seton Hall Law School’s Center for Health & Pharmaceutical Law & Policy (2011- ). Michael is the current Chair (2014- ), former Vice Chair (2009-2014) and member (2005- ) of the Editorial Board for the New Jersey Lawyer Magazine, was the special editor of its issues on Health Law (February 2007), Patients’ Rights (April 2007), Internet Law (December 2008), Non-Profit Law (April 2010), and Gaming Law (April 2013).

Michael is a frequent lecturer to healthcare, accounting, attorneys, computer and insurance professionals and business owners. Michael has spoken on numerous national teleconferences and seminars and is quoted frequently in national publications. Michael is Chair of the AHLA Taskforce, author and editor of “Representing Physicians Handbook 3rd Edition”(published in 2012) and for the 2nd and 1st editions (published in 2009 and 2006). Michael is the Co-Executive Editor and an author of AHLA’s “The ACO Handbook: A Guide to Accountable Care Organizations”, 2nd Edition (to be published in 2014) and the 1st Edition which was published in January 2012. Co-author “Clinically Integrated Networks Give Providers and Payers an Opportunity for Transformative Collaboration” (BNA Health Law Reporter, 11/21/13); Co-author “Hospital Acquisitions of Physician Practices: Practical Tips for Both Parties” BNA Health Law Reporter, 9/13/13); co-author “OIG Issues Warning with Regards to ‘Company Model’ for Arrangements Between Surgery Centers and Anesthesia Service Providers” BNA Health Law Reporter, 6/14/12); Co-author “The ACO Final Rule: Seven Changes of Interest to Physicians” (BNA Health Law Reporter, 11/17/11); Co-author “The Corporate Practice of Medicine: Still Alive and Kicking” (BNA Health Law Reporter, 10/6/11). Michael has also co-authored for the American Medical Association (AMA) “Avoiding Fraud and Abuse in the Medical Office” (December 2009). Michael is a co-author for the Healthcare Reform Law Resource Guide “How Will Healthcare Reform Affect Physician Practices” (June, 2010 AHLA); “The Corporate Practice of Medicine Doctrine: Is it Applicable to Your Client?” (AHLA Business Law & Governance Newsletter, Volume 3, Issue 2, May 2010); “Free Transportation: Recent OIG Opinion Permits in Limited Circumstances. What Does This Mean for ASCs” (AHLA Physician Organizations Newsletter, Summer 2011), “Seven Key Issues When Representing a Physician Entering His or Her First Employment Agreement” (AHLA Physician Organization Newsletter, Volume 13, Issue 2, June 2010); “Under HITECH, What Are Your Client’s Obligations When There is a Breach of Patient Records (AHLA Physician Organization Newsletter, Volume 13, Issue 1, February 2010). “Representing Physicians” in Fundamentals of Health Law, 5th Edition, 2011 (as well as Editions 1-4), published by AHLA. Michael has co-authored for the New Jersey Lawyer Magazine: “Healthcare ADR: The Options When You Want to Preserve Relationships”, April 2011; “Considerations for Drafting Legal Agreements,” April, 2009; “Basic Factors to Consider When Advising Clients in Choosing and LLC or a Corporation,” April, 2006; for Inside NJMGMA: “Is Your Practice Ready for Accountable Care?” Spring 2011, Volume 10, Issue 1; Note: “New Requirements in NJ for Arrangement Between Physicians and Clinical Labs”, Winter 2010, Volume 9, Issue 4; “Health Care Reform: New Disclosure Requirement for Imaging Providers”, Fall 2010, Volume 9, Issue 3; “BEWARE: Employing an Excluded Provider May Result In Your Practice Being Excluded In Medicare & Medicaid”, Fourth Quarter 2009, Volume 8, Issue 4; for the Ambulatory Surgery Compliance & Reimbursement Insider: “Watch Out For These Four Techniques Private Payers Use to Reduce Out of Network Payments”, April 2006 and for the AHLA Physician Organization Newsletter: “Can ASCs Provide Free Transportation?”, Volume 9, Issue 2, Spring, 2006. Michael has authored for Becker’s ASC Review “Amendment to Codey Law Finally signed into Law,” March 25, 2009 and “Amendments to Codey Law Moves Quickly Through New Jersey Legislature,” February 29, 2009. Michael has authored for AHLA “Health Law Primers: “The Basics of Representing Physicians,” May 2004; Health Plan Contracts Handbook (6th Edition 2011 (as well as Editions 1-5)), Chapter: Term & Termination Provisions; the 2005 Issues Collection: Physicians/Hospitals: Recruitment, Compensation and Contracting Issues, Chapter 12, “Negotiation, of a Hospital-Based Physician Exclusive Contract,” and 2004 Issues Collection: Hospitals: Management, Liability, and Personnel Issues, Chapter 6; “Negotiation of a Hospital-Based Physician Exclusive Contract;” and Physician Compliance, Employment, and Compensation Issues,” Chapter 6; “Beyond the Employment Agreement Part 1: A Practical Approach to the Major Issues View From the Practice and the New Owner.” Mr. Schaff was featured on the cover of Imaging Economic Magazine, and in the cover story “Teleradiology: Risky Business?” (December 2007). Michael has co-authored for the New Jersey Law Journal: “Insurer Versus Provider” Health Care Law, July, 2007. Michael has co-authored for the New Jersey Lawyer: “Healthcare Providers and the Anatomy of an Outsourcing Agreement”, Volume 16, Number 20, May, 2007. He has also authored numerous articles, including: “Negotiating the Sale of a Medical Practice” featured in The Physician’s Comprehensive Guide to Negotiating, SEAK, 2007, “Representing Physicians” in Health Lawyers News, Volume 6, No. 9, September 2002; “How Will the Requirement for Agreements with Business Associates in HIPAA Affect my Business?” featured in E-Commerce Law, August 2002, Volume 2, No. 8. Co-Authored “Drafting Enforceable Noncompete Agreements”,New Jersey Law Journal, December 12, 2005. He has co-authored “Physician-Owned Surgical Centers Face Uncertain Future”, New Jersey Law Journal, December 13, 2004; “The 10 Biggest Legal Mistakes Physicians Make In Buy-Ins” in The Biggest Legal Mistakes Physicians Make and How to Avoid Them (SEAK, Inc., 2005); “OIG Releases Compliance Program Guidance for Individual and Small Group Physician Practices” in Health Law Digest, Volume 28, No. 12, December 2000; “Outline of Questions Attorneys Should Ask Physician Clients in Implementing or Creating Effective Compliance Plans” in Journal of Health Law, Summer 2000, Volume 33, No. 3.

Mr. Schaff was awarded the AHLA Pro Bono Champion Award (2012), is an active volunteer in the American Cancer Society (2000- ) and was the 2011 recipient of the American Cancer Society Shining Star Award for Volunteering. Michael is on the Board of Directors for the Susan G. Komen South and Central New Jersey Affiliate (2009- ) and a former Board member for Circle of Life Children’s Center (2008-2011).

Mr. Schaff is on the Board of Advisors (2008- ) of the Radiology Administrator’s Compliance and Reimbursement Insider; Ophthalmology Compliance & Reimbursement Insider, Managed Care, and Ambulatory Surgery Compliance & Reimbursement Insider Newsletters (HcPro, Inc.). Michael is on the Editorial Board of The Coding Institute’s Part B Insider (2009- ), the Board of Advisors of Imaging Economics (2009- ) and the Advisory Board BNA’s Health law Law Reports (2011- ).

Mr. Schaff has been selected for inclusion in New Jersey Best Lawyers® list 2003-2014 (2012 Healthcare Lawyer of the Year) and New Jersey Super Lawyers® list 2005-2014 (Top 100 attorneys; 2007-2014), Chambers USA 2007-2014 (Band 1, Healthcare 2011-2014) and Who’s Who in American Law, Who’s Who in the World and Who’s Who in the East.

Area of Emphasis:
Professional Practice
Medical Practice Mergers
Ambulatory Care Facilities and Centers (ASCs)
Hospitals
Account Care Organizations (ACOs)
Clinically Integrated Networks (CINs)
HIPAA
HITECH, Managed Care Contracting
Healthcare Regulatory Issues
Hospital/Physician Joint Ventures
Clinical Co-Management Arrangements
Service Line Management Arrangements
Management Service Organizations (MSOs)
Hospital/Physician Affiliations
Physician Practice Management Companies (PPMCs)
Physician Compliance Programs
Physician-Hospital Organizations (PHOs)
Independent Physician Associations; (IPAs)
Provider Sponsored Organizations; (PSOs)
Corporate Transactions
Group Practice/Business Structure;
Planning and Organizations
Incorporations
Partnerships
Limited Liability Companies
Limited Partnerships
Joint Ventures
Nonprofit Corporations
Shareholder Agreements
Operating Agreements
Employment, Consulting and Independent Contractor Agreements
Internet and Computer Law
Leases, Purchase and Sale of Businesses
Acquisitions and Mergers
Consolidations
Dissolutions
Secured Transactions and Shareholder, Partner and Member Disputes.

Focus Areas

Affiliation Agreements, Ambulatory Surgery Center (ASCs)/Surgical Facility, Buy/Sell Agreements, Corporate Formation, Due Diligence, Employment, Shareholder and Partnership Agreements, Endoscopy Center, Healthcare Real Estate, Health Systems/Hospital Transactions, Imaging Center, Joint Ventures, Licensure, Management companies, Mergers, Physician Practice/Physician Organization Transactions, Physician Representation, Private Placements & Syndications, Radiation Oncology Center, Strategic Alliances, Structuring and Documenting Loans, Urgent Care Centers/Freestanding Emergency Rooms