Michael F. Schaff: Lawyer with Wilentz, Goldman & Spitzer P.A.

Michael F. Schaff

Attorney
Woodbridge,  NJ  U.S.A.
Phone732.855.6047

Peer Rating
 5.0/5.0
AV® Preeminent

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Business Law
  • Computer and Related Technology Law
  • Corporate Finance
  • Healthcare
  • Intellectual Property
  • Tax
 
University Rutgers College, B.A., 1979; Bernard M. Baruch College, C.U.N.Y., M.B.A., Management Policy, Specialization - Finance, 1982
 
Law SchoolNew York Law School, J.D., 1982; Boston University, LL.M., Taxation, 1983
 
Admitted1982, New York; 1982, New Jersey; 1983, United States District Court for the District of New Jersey; 1983, Maryland and the United States District Court for the District of Maryland; 1983, United States Tax Court
 
Memberships 

Memberships

Memberships/Affiliations:
•Taskforce Chair, AHLA - Representing Physicians Handbook, 4th Edition, 2015
•New Jersey State Bar Association, Current Chair Elect; Past Chair, 1999-2000 and Director, 1996-2013, 2015-Present
New Jersey Lawyer Magazine - Editorial Board, Chair, 2014-Present; Vice Chair, 2009-2014; Member, 2005-Present
•Advisory Board, Center for Health & Pharmaceutical Law & Policy, Seton Hall Law School, 2011-Present
•Advisory Board, Health Law Reporter, Bloomberg BNA, 2011-Present
•Board of Advisors, Imaging Economics Magazine, 2009-Present
•Board of Directors, Susan G. Komen South and Central New Jersey Affiliate, 2009-Present
•Editorial Board, Part B Insider, The Coding Institute, 2009-Present
•Board of Advisors, Ambulatory Surgery Compliance & Reimbursement Insider Newsletter, HcPro, Inc., 2008-Present
•Board of Advisors, Managed Care Newsletter, 2008-Present
•Board of Advisors, Ophthalmology Compliance & Reimbursement Insider Newsletter, 2008-Present
•Board of Advisors, Radiology Administrator's Compliance and Reimbursement Insider Newsletter, HcPro, Inc., 2008-Present
•Active Volunteer, American Cancer Society, 2000-Present
•Editor, New Jersey Lawyer Magazine special issues, Health Law, February 2007; Patients' Rights, April 2007; Internet Law, December 2008; Non-Profit Law, April 2010; Gaming Law, April 2013 and Business Law, October 2014
•Program Co-chair, AHLA - Physicians and Hospital Law Institute, New Orleans, LA, February 5-7, 2014; Las Vegas, NV, February 2-4, 2015
•AHLA - Fundamentals of Health Law Program Planning Committee, Chicago, IL, Chair, 2012-2013; Member, 2010-2011
•AHLA - Board of Directors, 2006-2012; Board Chair of Practice Groups, 2010-2010; Executive Committee, 2010-2012 and Finance Committee, 2011-2012
•Board Member, Circle of Life Children's Center, 2008-2011
•Adjunct Associate Professor, Rutgers Robert Wood Johnson Medical School (formerly UMDNJ)
•Adjunct Associate Professor, St. John's University
•New Jersey Legislature Committee for the Study of Pain Management (appointed as only attorney Member)
•Past Chair, NJSBA - Internet and Computer Law Special Committee

 
Biography

Michael Schaff, chair of the Corporate and Healthcare departments has made it his professional mission to provide his clients with the most comprehensive and well-heeled advice in the dynamic and complex world of healthcare law. In addition to a robust private practice spanning over 30 years, Mr. Schaff, having served as general corporate counsel for many privately held companies, brings to the table a multi-faceted understanding of the law, as well as a unique educational and professional background rooted in business, finance, and taxation. The depth of his experience enables Mr. Schaff to assist his clients evaluate both the legal and business ramifications of any transaction, contract, agreement or negotiation.

Mr. Schaff's immersive approach extends well beyond “office hours” enabling him to participate in the forefront of healthcare law, and stay abreast of industry developments that he can employ to create options and opportunities for his clients. Mr. Schaff is a long-standing and active member of the American Health Lawyers Association (AHLA), having served in a number of the organization's leadership positions including: member of the Board of Directors, Executive and Finance Committees and as the Chair of the AHLA Physician Organizations Practice Group. Mr. Schaff currently leads the team planning for the AHLA's Physicians and Hospital Law Institute to be held February 2016 in Austin, Texas. His prolific authorship and publications have educated and influenced lawyers and healthcare professionals alike. Mr. Schaff has also been involved in the education of the next generation of healthcare lawyers having spoken at numerous seminars and on webinars. Mr. Schaff is an Adjunct Associate Professor at Rutgers Robert Wood Johnson Medical School (formerly UMDNJ), at St. John's University, and on the Advisory Board of Seton Hall Law School's Center for Health & Pharmaceutical Law & Policy. Mr. Schaff's unique experience and commitment to healthcare law has made him a much sought after speaker both at the local and national level.

Mr. Schaff leads a team of healthcare lawyers who are regularly engaged to handle the following types of matters:
•Advise on the formation and structure of ventures with healthcare professionals and group practices; hospitals; ambulatory surgical centers; healthcare facilities; clinically integrated networks; managed care organizations; physician practice management companies; management service organizations; physician sponsored organization; independent physician associations; physician-hospital organizations
•Purchase or sale of companies
•Develop mutually beneficial joint ventures for healthcare professionals and hospitals which includes analysis of tax, antitrust and regulatory issues, as well as the negotiation and preparation of documentation evidencing both the transaction and the ongoing relationships between the parties
•Negotiate provider agreements between healthcare providers and third-party payers, including all types of managed care organizations
•Represent physicians before hospital and professional boards regarding the limitation or withdrawal of privileges
•Provide advice and design compliance programs

Speaking Engagements:
A selection of Mr. Schaff's recent speaking engagements include the following:
•AHLA - Fundamentals of Health Law, Chicago, IL, November 3-5, 2013; November 12-14, 2014; November 15-17, 2015, “Representing Physicians: Potential Perils & Pitfalls - Life Cycle of a Physician - Practice and Integration & Alignment Strategies”
•AHLA - 2015 Annual Meeting, June 30, 2015, Washington D.C., “Telemedicine, Telehealth, and Mobile Health:The Future is Today”
•AHLA - Transaction Seminar, April 2015, Nashville, TN, “Overview of the Deal Process - A Roadmap Through the Paper Jungle”
•AHLA - Physician and Hospitals Law Institute, February 2, 2015, Las Vegas, NV, “The Nuts and Bolts of Establishing a Clinically Integrated Network”
•AHLA - Physicians and Hospital Law Institute, 2003-2015
•AHLA - Tax Issues for Health Care Organizations, Pentagon City, D.C., October 21, 2013, “Strategies for More Tax-Effective Physician Acquisition Transactions”
•AHLA - 2013 Annual Meeting, San Diego, CA, July 1, 2013, “Clinically Integrated Networks, The PHOs of the 21st Century? Do They Create the Kind of Value that Payors Want?”
•AHLA - Fraud and Abuse Practice Group, February 1, 2013, “Webinar: Hot Fraud and Abuse Issues for Ambulatory Surgery Centers: An Advanced Interactive Discussion”
•AHLA - 2012 Annual Meeting, Chicago, IL, June 2012, “The Group Practice Annual Exam Diagnosing & Addressing Legal Issues In Medical Practices”
•AHLA - In-House Counsel Program, Seattle, WA, June 27, 2010, “Why and How to Conduct a Stark Audit in the Aftermath of Health Reform Legislation: A Practical Approach to Auditing Hospital-Physician Arrangements”
•Hospital & Health Systems Law Institute, Phoenix, AZ, February 10, 2009, “Preventive Medicine - A Rx for Prudent and Ethical ReSpeaker of Physicians and Physician Organizations”
•AHLA - 2008 Annual Meeting, June 30 & July 1, 2008, “The Physician Enterprise Model”
•Hospitals and Health Systems Law Institute, Tucson, AZ, February 11, 2005, “Negotiating Exclusive Contracts between Hospitals and Hospital-Based Physicians - Clinical Co-Management Agreements”
•AHLA - Teleconference, January 25, 2005, “Legal Impediments to Physician Practice Revenue Diversification Efforts: Office Based Outpatient Surgical Services, Ambulatory Surgical Centers, Concierge Medicine and Others”

Publications:
A selection of Mr. Schaff's recent publications include the following:
•“Telemedicine and the Impediments Facing Effective Implementation, ” AHLA - Physician Organizations Newsletter, Volume 18, Issue 1, January 2015 (Co-authored with Kim Harvey Looney and Sidney S. Welch)
•Chapter 18, “Common Arrangements with Physicians, ” Representing Hospitals and Health System, 2015
•“New Jersey Chapter, ” AHLA - Fraud & Abuse Fifty State Survey, 2014
•Chapter 7, “Terms and Termination, ” AHLA - Managed Care Handbook, 7th Edition, 2014
•“Clinically Integrated Networks Give Providers and Payers an Opportunity for Transformative Collaboration, ” BNA Health Law Reporter, November 12, 2013
•“Hospital Acquisitions of Physician Practices: Practical Tips for Both Parties, ” BNA Health Law Reporter, September 13, 2013
•Chapter 9, “Representing Physicians, ” AHLA - Fundamentals of Health Law, 6th Edition, 2013
•“OIG Issues Warning with Regards to 'Company Model' for Arrangements Between Surgery Centers and Anesthesia Service Providers, ” BNA Health Law Reporter, June 14, 2012
•Co-executive Editor, AHLA - The ACO Handbook: A Guide to Accountable Care Organizations, 2nd Edition, 2015; 1st Edition, January 2012
•“The ACO Final Rule: Seven Changes of Interest to Physicians, ” BNA Health Law Reporter, November 17, 2011
•“The Corporate Practice of Medicine: Still Alive and Kicking, ” BNA Health Law Reporter, October 10, 2011
•“Free Transportation: Recent OIG Opinion Permits in Limited Circumstances - What Does This Mean for ASCs?” AHLA - Physician Organizations Newsletter, Volume 14, Issue 2, September 2011
•“Is Your Practice Ready for Accountable Care?” New Jersey Medical Group Management Association - Inside NJMGMA, Volume 10, Issue 1, Spring 2011
•“Representing Physicians, ” AHLA - Fundamentals of Health Law, 5th Edition, 2011
•“Seven Key Issues When Representing a Physician Entering His or Her First Employment Agreement, ” AHLA - Physician Organizations Newsletter, Volume 13, Issue 2, 8-10, June 2010
•“The Corporate Practice of Medicine Doctrine: Is it Applicable to Your Client?” AHLA - Business Law & Governance Newsletter, Volume 3, Issue 2, May 2010
•“Under HITECH, What Are Your Client's Obligations When There is a Breach of Patient Records, ” AHLA - Physician Organizations Newsletter, Volume 13, Issue 1, February 2010
•“Avoiding Fraud and Abuse in the Medical Office, ” American Medical Association (AMA), December 2009
•“BEWARE: Employing an Excluded Provider May Result In Your Practice Being Excluded In Medicare & Medicaid, ” New Jersey Medical Group Management Association - Inside NJMGMA, Volume 8, Issue 4, 4th Quarter 2009
•“Considerations for Drafting Legal Agreements, ” New Jersey Lawyer Magazine, April 2009
•“Healthcare Providers and the Anatomy of an Outsourcing Agreement, ” New Jersey Lawyer Magazine, Volume 16, Number 20, May 2007
•“Negotiating the Sale of a Medical Practice, ” The Physician's Comprehensive Guide to Negotiating, SEAK, Inc., 2007
•“Basic Factors to Consider When Advising Clients in Choosing and LLC or a Corporation, ” New Jersey Lawyer Magazine, April 2006
•“Watch Out For These Four Techniques Private Payers Use to Reduce Out of Network Payments, ” Ambulatory Surgery Compliance & Reimbursement Insider, April 2006
•“Drafting Enforceable Noncompete Agreements, ” New Jersey Law Journal, December 12, 2005
•“Does Your Client Know the Dangers of Employing An Excluded Provider?” Physician Organizations Newsletter, Summer 2005
•“The 10 Biggest Legal Mistakes Physicians Make In Buy-Ins, ” The Biggest Legal Mistakes Physicians Make and How to Avoid Them, SEAK, Inc., 2005

Rankings/Recognitions:

•Pro Bono Champion Award, AHLA, 2012
•Shining Star Award for Volunteering, American Cancer Society, 2011
•Transactional Attorney of the Year Award, Middlesex County Bar Association, March 2008
•Outstanding Physician Practice Lawyer, Nightingale's Healthcare News, 2007
•First Distinguished Service Award, NJSBA - Health and Hospital Law Section, May 2006
•Who's Who in the World and Who's Who in the East, Who's Who in American Law
Chambers USA, 2007-2015 (Band 1, Healthcare 2011-2015)
•New JerseyBest Lawyers, 2003-2016; “Healthcare Lawyer of the Year” 2012 & 2016
•New JerseySuper Lawyers, 2005-2015; “Top 100” 2007-2015
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.

Lawyer Videos

•Physician Employment Contract

Lawyer Publications

•ACOs and Their Impact
•AHLA Pro Bono Champions
•Amendment to Codey Law Moves Quickly Through New Jersey Legislature
•Amendments to Codey Law Finally Signed Into Law
•ATTENTION: Proposed Changes Which May Affect New Jersey “Surgical Practices”
•Avoiding Fraud and Abuse in the Medical Office
•Beckers ASC Review N.J. Superior Court Upholds Ruling That Surgery Center Did Not Violate Insurance Fraud Prevention Act by Waiving Costs for Out-of-Network Patients
•BEWARE: Employing and Excluded Provider May Result in Your Practice Being Excluded From Medicare & Medicaid
•Beware: Proposals to assist physicians in acquiring EMR software may be illegal!
•Can ASCs Provide Free Transportation?
•Can Your ASC Provide Free Transportation to Its Patients?
•Challenges for Independent Medical Providers Raised By Insurance Carrier Acquisition of Medical Practices
•Clinically Integrated Networks Give Providers and Payers an Opportunity for Transformative Collaboration
•Clinically Integrated Networks; The PHOs of the 21st Century Do They Create the Kind of Value that Payors Want (2013-06-01)
•Considerations for Drafting Legal Agreements
•Counseling Licensors on the Steps They Can Take to Avoid Creating a Franchise Relationship
•Drafting an Enforceable Noncompete Agreement
•Federal Appeals Court Rules State CON Laws May Unlawfully Burden Interstate Commerce
•Four Techniques Private Payers Use to Reduce Out of Network Payments
•Free Transportation for Patients
•Free Transportation: Recent OIG Opinion Permits in Limited Circumstances- What Does This Mean for ASCs?
•FTC Delays Red Flag Rule Enforcement Until November 1st.
•Fundamentals of Health Law
•Health Care Law
•Health Care Providers and the Anatomy of an Outsourcing Agreement
•Health Plan Regulation, Medicaid Top List Of Issues for 2014 Amid ACA Uncertainty
•Health Plans Contracting Handbook A Guide for Payors and Providers Sixth Edition
•Health Reform Drives Medicaid, Medicare, Fraud and Abuse to Top Ranks for 2013
•Healthcare ADR
•Healthcare Regulatory Update: New Codey Law Outpatient Surgical Facility Exception
•HIPAA Alert - Caution! Deadline is September 23, 2013
•Hospital Acquisitions of Physician Practices: Practical Tips for Both Parties
•Hospital IP Policy Not Restraint of Trade Even if Invention Made at Home, Court Says
•Hot Fraud and Abuse Issues for Ambulatory Surgery Centers: An Advanced Interactive Discussion (2013-02-01)
•Hot Topics in Foreign Outsourcing: Anatomy of an Outsourcing Agreement
•Hot Topics in Foreign Outsourcing: How Can My Healthcare Organization Avoid Getting Burned?
•How Healthcare Reform Will Transform Hospital-Physician Relations
•How the New Health Care Reform Law will Affect Your Company and Its Employees
•Insurer Versus Provider
•Is Your Practice Ready for Accountable Care?
•Issues & Cautions Associated with Medical Practice Affiliations with Hospitals & Alternatives
•Issues & Cautions Associated with Medical Practice Affiliations with Hospitals & Alternatives - NJICLE (2014-02-27)
•Law Firm Breakup: What You Need to Know When Dissolving the Entity
•Lost Laptops or PDAs? How to Limit Your Exposure Under HIPAA
•N.J. Assembly Passes Bill Amending Codey Law Would Limit New Surgery Centers
•National Fraud and Abuse Compliance Update
•New Jersey Compassionate Use Act: Legal Issues With Medical Marijuana
•New Jersey Expands Reporting Requirements to Include Immunity Provisions
•New Jersey Healthcare Regulatory Update - April 2014
•New Jersey Hospital Association Roundtable
•New Jersey Legislative Update - November 2009
•New Jersey Regulatory Update - April/May 2004
•New Jersey Regulatory Update - August 2004
•New Jersey Regulatory Update - February 2004
•New Jersey Regulatory Update - June 2004
•New Jersey Regulatory Update - March 2004
•New Jersey Regulatory Update - November-December 2004
•New Jersey Regulatory Update - October 2004
•New Jersey Regulatory Update - September 2004
•New Jersey Senate Passes Bill for Uniform Billing and Reporting for Ambulatory Care Facilities
•New Requirements in New Jersey for Arrangements Between Physicians, Physician Practices and Clinical Laboratories
•OIG Issues Warning With Regard to 'Company Model' For Arrangements Between Surgery Centers and Anesthesia Service Providers
•OIG Provides New Guidance on Free Transportation
•Overview Of The Deal Process: A Roadmap Through The Paper Jungle
•Overview of the Deal Process: A Roadmap Through the Paper Jungle
•Peeling Back the Outer Layers of a Business Sale To Avoid Missteps
•Physician Affiliations With Hospitals: Practical Tips for the Physician Practice When Entering Into a PSA
•Physician Organizations Bootcamp Webinar and Roundtable Discussion Series: The Anatomy of Physician Integration, Part VII: War Stories - Point/Counterpoint from Attorneys (July 25, 2013)
•Physician Practice Employment Agreements & Restrictive Covenants
•Practices Should be Aware of the Self-Disclosure Protocol
•Presentation: Beyond the Employment Agreement: The Life-Cycle of a Dental Practice Entity from Buy-In to Buy-Out
•Presentation: Beyond the Employment Agreement: The Life-Cycle of a Medical Practice from Buy-In to Buy-Out and the Consequences of Restrictive Covenants
•Presentation: Clinically Integrated Networks; The PHOs of the Twenty-First Century?
•Presentation: Hospital Based Physicians' Exclusive Relationships with Hospitals
•Presentation: How to Evaluate an Employment Offer & Negotiate an Equitable Contract
•Presentation: Negotiation of a Hospital Based Physician Exclusive Contract II
•Presentation: Negotiation of a Hospital-Based Physician Exclusive Contract
•Presentation: Overview of Legal & Contracting Aspects of Developing a Vascular Center
•Presentation: Practice Formation & Related Agreements
•Presentation: Preventive Medicine-An Rx for Prudent and Ethical Representation of Physicians and Physician Organizations
•Presentation: Representing Physicians: Potential Perils & Pitfalls-Life Cycle of a Physician Practice - 10.29.2012
•Presentation: Super Groups: Legal Issues Associated with the Formation of Large Multi-Site Medical Groups
•Presentation: Super Groups: Legal Issues Associated with the Formation of Large Multi-Site Medical Groups - 05.22.2012
•Presentation: Super Groups: Legal Issues Associated with the Formation of Large Multi-Site Medical Groups - 10.17.2012
•Presentation: The Physician and the Shareholder Agreement
•Presentation:Representing Physicians Primer Life Cycle of a Physician-Practice Association
•Presentation:Under Arrangement Hospital-Physician Ventures: Still Another Way to Cooperate?
•Presentation:When To Hold Your Tongue-The Benefits and Risks of Self-Disclosure
•Preventive Medicine- An Rx for Prudent and Ethical Representation of Physicians and Physician Organizations
•Regulatory Update - Red Flag Rules
•Regulatory Update: 409A
•Representing Physicians
•Representing Physicians - Life Cycle of a Physician-Practice and Physician Integration Options
•Representing Physicians Handbook, Third Edition
•Self-Insured Companies Going After Doctors to Recover Overpaid Claims
•Seven Key Issues When Representing a Physician Entering Into His or Her First Employment Agreement
•Steps to Take Before Terminating a Physician-Patient Relationship
•Strategic Mentoring & Sponsorship for Women: Building Leadership from Generation to Generation
•Strategies for More Tax-Effective Physician Acquisition Transactions
•Telemedicine and the Impediments Facing Effective Implementation
•The 10 Biggest Legal Mistakes Physicians Make in Buy-Ins
•The ACO Final Rule: Seven Changes of Interest to Physicians
•The ACO Handbook A Guide to Accountable Care Organizations
•The Benefits and Risks of Self-Disclosure Under the Self-Disclosure Protocol
•The Corporate Practice of Medicine Doctrine Still Alive and Kicking
•The Corporate Practice Of Medicine Doctrine: Is it Applicable to Your Client?
•The Law Protect Yourself
•The Law Understanding Employment Law
•The Nuts & Bolts of Establishing a Clinically Integrated Network
•The Still-Risky Business of Teleradiology
•Time to Rethink Bar on Referrals by Doctors to Their Own Centers
•Tips for Legal Counsel for Reducing Liability
•Under HITECH, What are Your Client's Obligations When There is a Breach of Patient Records?
•Understanding Physician Hospital Affiliations
•Understanding Physicians: From Employment to Buying into Practices to Their Perspective on Hospital Affiliation
•Watch These Seven Factors When Paying for Transportation

 
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Office Information

Michael F. Schaff

90 Woodbridge Center Drive, Suite 900, Box 10
WoodbridgeNJ 07095




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