Attorneys Andrew B. Eills

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shareholder | Manchester, NH

With over 30 years of experience as a lawyer in New Hampshire, Andrew’s health care practice encompasses contracts, mergers and acquisitions, and other transactional matters, federal and state regulatory issues, and corporate and non-profit governance. He works extensively with Federally Qualified Health Centers and regularly advises clients on compliance with the Anti-Kickback Statute and the Physician Self-Referral (Stark) law, as well as the SUPPORT Act, EKRA, and Quality Payment Program participation in MIPS and Alternative Payment Models. He has handled numerous HIPAA and state privacy law matters, and counsels hospitals, FQHCs, physician organizations, CCRCs, and independent providers and physicians on licensing, credentialing, and physician employment and recruitment. Andrew has extensive experience working with charitable trusts and non-profit entities.

Andrew’s experience includes representation of the N.H. aggregate (sand and gravel mining) industry, work as a registered lobbyist for cellular phone companies, and appointment as a hearings officer for the State of New Hampshire Banking Department.

In September 2016, then-Governor Hassen appointed Andrew to the N.H. Public Employee Labor Relations Board as Chair for a 6-year term.

 

Representative Matters

  • Counsel to specialized New Hampshire medical practice in asset purchase of another existing medical practice, including assets of Medicare-certified and NH licensed ASC; creation of legal entities appropriate for practice; counsel regarding Medicare certification for ASC.
  • Counsel to joint venture between hospital and physicians in establishment of Medicare-certified ambulatory surgical center.
  • Counsel to physicians before payor-credentialing bodies.
  • Counsel to entities concerning Patient Protection and Affordable Care Act ("ACA") provisions, including "Sunshine Act" requirements under Section 6002, anti-Kickback statute modifications, and False Claims Act issues.
  • Counsel to covered entities concerning HITECH/HIPAA provisions and requirements.
  • Counsel to a New Hampshire health care facility in establishment of, and physician recruitment for, cardiology practice, as well as negotiation of non-compete agreements.
  • Counsel to an independent physician practice group concerning payment for ancillary services, use of employment/recruitment agreements, and negotiation of leases, purchase of real estate, and related Anti-Kickback statute and Stark law issues.
  • Counsel to non-profit healthcare providers concerning Board of Trustees’ duties, liabilities, and evolving role under the ACA.
  • Counsel to health care facilities concerning CMS survey and associated Medicare billing issues.
  • Counsel to a New Hampshire hospital concerning Fraud and Abuse laws, including the Anti-Kickback statute and the Physician Self-Referral (Stark) Law, personal services agreements, real estate leases, recruitment, and joint ventures.
  • Counsel to numerous health care facilities in NH DHHS licensing and regulatory investigations and proceedings.
  • Counsel to numerous physicians in context of recruitment and non-compete agreements.
  • Counsel to a New Hampshire health care facility in initial request for Advisory Opinion from the US DHHS Office of Inspector General (request later withdrawn).
  • Counsel to a New Hampshire continuing care retirement community concerning oversight of New Hampshire Department of Insurance and New Hampshire Bureau of Administrative Services, residence care agreements, and licensure.
  • Counsel to a New Hampshire non-profit hospital with respect to tax-exemption challenge concerning off-campus real estate and successful resolution with local government.
  • Counsel to a New Hampshire hospital with respect to medical staff bylaws requirements of the Joint Commission and non-profit governance.

Admissions

  • New Hampshire
  • U.S. District Court, District of New Hampshire
  • New Hampshire Bar Association, Chair, Health Law Section, 2006-2008, 2010-2013
  • American Bar Association, Health Law Section
  • American Health Lawyers Association, AHLA ACO Task Force, 2012-2014
  • Healthcare Financial Management Association, Member and Presenter
  • American Bar Association, Health Law Section

Civic Involvement

  • Member, NH Public Employee Labor Relations Board; nominated by Governor Hassan and confirmed by the NH Executive Council as PELRB Board Member, June, 2016-Present
  • Concord Regional Visiting Nurse Association, Member, Board of Trustees, 2010-present
  • Red River Theatres, Member, Board of Trustees 2006-2011
  • New Hampshire Cycling Club, Member, Board of Directors, 2007-present

Awards

  • Andrew has been recognized as one of the top attorneys in New Hampshire by Business NH Magazine

Publications