Underberg & Kessler LLP

  • Help health care providers prepare for, respond to and comply with New York State surveys. Our services include representation in matters related to enforcement proceedings.
  • Represent nursing homes in all aspects of the collection 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.


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

  • Risk management counseling following reportable/ non-reportable incidents.

  • Provide general representation on all aspects of health care law to individual practitioners and groups of physicians and dentists, including:

- Establishment and operation of professional corporations, limited liability companies and limited liability partnerships.
- Establishment and administration of employee benefit plans.
- 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.
- Development of corporate compliance plans.
- Representation with insurer audits.
- HIPAA compliance.
- Medical records compliance.
- Contract reviews including technology, electronic medical records, employment and leases.

  • Represented a group of employed physicians in purchasing a specialty practice from its founder/long-time owner.

  • Successfully reversed a denial of coverage by a third-party payer to secure coverage for life altering medical treatments for a young man whose insurance company had deemed the treatments experimental.

  • Successfully defended a nursing home against multiple claims of neglect and abuse by the son of a resident whose records showed four years of exemplarily treatment by the facility and staff members.

  • Successfully defended an alleged medical malpractice claim against a well established internist by a patient who suffered a remote but serious side effect of a medication prescribed by him to treat a chronic and serious medical condition.

  • Successfully defended a medical specialty group in a medical malpractice action alleging the late diagnosis of breast cancer.

  • Successfully defended a hospital system in a medical malpractice action alleging medical negligence in the management of the delivery of an infant with fetal distress.