Underberg & Kessler LLP

  • Helped a hospital build important new facilities by completing the issuance of two series of industrial development bonds worth more than $35 million. Our services included preparation of construction contracts and legal advice related to tax, real estate, regulatory and health law matters. Subsequent representation facilitated an additional $42 million in mortgage-secured bank financing.


  • Represented a hospital in a proposed affiliation with another hospital-led health care system. Our services included a review of anti-trust, federal tax and governance aspects of the proposed affiliation. The affiliation was subsequently completed.


  • Represented a hospital in the negotiation of a multi-year reimbursement agreement with a leading health insurer.


  • Helped health care providers prepare for, respond to and comply with New York State surveys. Our services included representation in matters related to enforcement proceedings.
  • Represented nursing homes in all aspects of the collections process to improve the financial health of the facilities.
  • Successfully appealed a New York State survey report to the Federal Health Care Financing Administration. The appeal resulted in a special federal survey that overturned the conclusions of the original New York State survey.


  • Represented corporations charged with the administration of federal and private grant funds to primary care providers working with indigent patients.


  • Helped a nursing home complete a bond issue to finance a new facility. Our services included representation on real estate matters related to the development of the facility.


  • Provided general representation on all aspects of health care law to individual practitioners and groups of physicians and dentists. Our services included:

    • Establishment and operation of professional corporations or partnerships.
    • Establishment and administration of employee benefit plans.
    • Development and formation of an independent practitioners association (IPA).
    • Tax planning.
    • Assistance with the acquisition of medical technology and equipment.
    • Representation on reimbursement, licensing and credentialing issues.
    • Negotiation of capitated contracts with HMOs and other providers.
    • Representation of physicians with the Office of Professional Medical Conduct.

  • Helped radiology groups acquire medical technology and equipment, handle tax and reimbursement issues, and establish operations in a variety of venues, including mobile units.