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Attorneys Andrew B. Eills

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shareholder | Manchester, NH

Andrew focuses his health care practice in the areas of compliance, employment, regulation, transactions, and non-profit governance. These areas include the Patient Protection and Affordable Care Act of 2010 and its regulations, HIPAA and state privacy laws, the Anti-Kickback Statute, the Physician Self-Referral (Stark) law, EMTALA, licensing of physicians and of health care facilities, charitable organization and non-profit Board oversight, credentialing, and physician employment and recruitment. Andrew has extensive experience in health care compliance, licensing and charitable trust and non-profit governance matters.

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

Contact Information

Education

  • J.D., Tulane University School of Law
  • B.A., Stanford University
  • Certificat d'Assiduite,' Universite de Grenoble

Practice Areas

Related News

Stark Law and Anti-kickback Statute Reform
Eills Joins Healthcare Group
Sheehan Phinney Logo
Boston Office
255 State Street, 5th Floor
Boston, MA 02109
Phone: 617.897.5600
Fax: 617.439.9363
Manchester Office
1000 Elm Street, 17th Floor
Manchester, NH 03101
Phone: 603.668.0300
Fax: 603.627.8121
Hanover Office
17 1/2 Lebanon Street
Hanover, NH 03755
Phone: 603-643-9070
Fax: 603-643-3679
Concord Office
Two Eagle Square, Third Floor
Concord, NH 03301
Phone: 603.223.2020
Fax: 603.224.8899