Biographical Information:
Michael Schaff, chair of the Corporate and Healthcare Departments and shareholder of Wilentz, Goldman & Spitzer P.A., offers clients a unique skill - his educational background in business, finance and taxation. This enables him to assess the business ramifications of any business transaction, contract, agreement or negotiation. His knowledge has been particularly beneficial to the structuring of professional practices for many healthcare professionals including physicians, dentists, chiropractors and others; for the structuring of business entities; for entities interested in buying, selling or merging businesses; and for a variety of other manufacturing, retail, and service businesses requiring legal expertise. Additionally, Mr. Schaff has served as general corporate counsel for many privately-held companies.
Mr. Schaff has been a member of the Board of Directors of the American Health Lawyers Association (AHLA) since 2006 and is on its Executive Committee, is a past chair of AHLA Physicians Organization Committee and was the editor of its newsletter. Active in the New Jersey State Bar Association (NJSBA), he is a past chair and currently a director of the Health and Hospital Law Section. In March 2008, Mr. Schaff received the Middlesex County Bar Association’s Transactional Attorney of the Year Award. Michael was the recipient of an Outstanding Physician Practice Lawyer for 2007 by Nightingale’s Healthcare News,. In May 2006, Michael received the NJSBA Health and Hospital Law Section first Distinguished Service Award. Michael was appointed by the New Jersey State Legislature as the only attorney member of the New Jersey Legislature Committee for the Study of Pain Management.
Michael is a member of the program planning committee and a speaker for AHLA’s 2010 Fundamental Health Law in Chicago and was a member of the program planning committee and a speaker at the AHLA’s 2010 Physician Organization Law Institute (PLI) in Miami, Florida, AHLA’s 2009 PLI in Phoenix, Arizona, AHLA’s 2008 PLI in Orlando, Florida, AHLA’s 2007 PLI in Las Vegas, Nevada, AHLA’s 2006 PLI in Fort Lauderdale, Florida, and AHLA’s 2005 PLI in Tucson, Arizona, Michael was appointed to the AHLA’s Managed Care, Medical Malpractice Insurance Subsidies Task Force, and Stark II Members Briefing Task Force. He is also a member of the Medical Group Management Association and the Computer Law Association. Michael is a past chair of the NJSBA Internet and Computer Law Committee.
Mr. Schaff is also an Adjunct Associate Professor at the University of Medicine and Dentistry of New Jersey (UMDNJ) and at St. John’s University. Michael is the Vice Chair of the Editorial Board for the New Jersey Lawyer Magazine, was the special editor of its issues on Health Law (February 2007) and Patients’ Rights (April 2007), of its issue on Internet Law (December 2008) and its issue on Non-Profit Law (April 2010).
Michael is a frequent lecturer to healthcare, accounting, attorneys, computer and insurance professionals and business owners. Michael has spoken on numerous national teleconferences and seminars and is quoted frequently in various publications. Michael is Chair of the AHLA Taskforce, author and editor of “Representing Physicians Handbook”, December, 2009. Michael has also co-authored for the American Medical Association (AMA) “Avoiding Fraud and Abuse in the Medical Office” (December 2009). Michael is a co-author for the Healthcare Reform Law Resource Guide “How Will Healthcare Reform Affect Physician Practices” (June, 2010 AHLA); “The Corporate Practice of Medicine Doctrine: Is it Applicable to Your Client?” (AHLA Business Law & Governance Newsletter, Volume 3, Issue 2, May 2010); “Seven Key Issues When Representing a Physician Entering His or Her First Employment Agreement” (AHLA Physician Organization Newsletter, Volume 13, Issue 2, June 2010); “Under HITECH, What Are Your Client’s Obligations When There is a Breach of Patient Records (AHLA Physician Organization Newsletter, Volume 13, Issue 1, February 2010). Michael has co-authored for the New Jersey Lawyer Magazine: “Considerations for Drafting Legal Agreements,” April, 2009; “Basic Factors to Consider When Advising Clients in Choosing and LLC or a Corporation,” April, 2006; for the Ambulatory Surgery Compliance & Reimbursement Insider: “Watch Out For These Four Techniques Private Payers Use to Reduce Out of Network Payments”, April 2006 and for the AHLA Physician Organization Newsletter: “Can ASCs Provide Free Transportation?”, Volume 9, Issue 2, Spring, 2006. Michael has authored for Becker’s ASC Review “Amendment to Codey Law Finally signed into Law,” March 25, 2009 and “Amendments to Codey Law Moves Quickly Through New Jersey Legislature,” February 29, 2009. Michael has authored for AHLA “Health Law Primers: “The Basics of Representing Physicians,” May 2004; Health Plan Contracts Handbook (5th Edition, August, 2008), Chapter: Term & Termination Provisions; the 2005 Issues Collection: Physicians/Hospitals: Recruitment, Compensation and Contracting Issues, Chapter 12, “Negotiation, of a Hospital-Based Physician Exclusive Contract,” and 2004 Issues Collection: Hospitals: Management, Liability, and Personnel Issues, Chapter 6; “Negotiation of a Hospital-Based Physician Exclusive Contract;” and Physician Compliance, Employment, and Compensation Issues,” Chapter 6; “Beyond the Employment Agreement Part 1: A Practical Approach to the Major Issues View From the Practice and the New Owner.” Mr. Schaff was featured on the cover of Imaging Economic Magazine, and in the cover story “Teleradiology: Risky Business?” (December 2007). Michael has co-authored for the New Jersey Law Journal: “Insurer Versus Provider” Health Care Law, July, 2007. Michael has co-authored for the New Jersey Lawyer: “Healthcare Providers and the Anatomy of an Outsourcing Agreement”, Volume 16, Number 20, May, 2007. He has also authored numerous articles, including: “Representing Physicians” in Fundamentals of Health Law, 4th Edition, 2008, published by AHLA; “Negotiating the Sale of a Medical Practice” featured in The Physician’s Comprehensive Guide to Negotiating, SEAK, 2007, “Representing Physicians” in Health Lawyers News, Volume 6, No. 9, September 2002; “How Will the Requirement for Agreements with Business Associates in HIPAA Affect my Business?” featured in E-Commerce Law, August 2002, Volume 2, No. 8; Managed Care Contracting Handbook, A Guide for Payors and Providers, 4th Edition, published by AHLA in 2001. Co-Authored “Drafting Enforceable Noncompete Agreements”, New Jersey Law Journal, December 12, 2005. He has co-authored “Physician-Owned Surgical Centers Face Uncertain Future”, New Jersey Law Journal, December 13, 2004; “The 10 Biggest Legal Mistakes Physicians Make In Buy-Ins” in The Biggest Legal Mistakes Physicians Make and How to Avoid Them (SEAK, Inc., January 2005); Introductions in Managed Care & Ambulatory Surgery Strategies for Contract Negotiation and Reimbursement. (HcPro, Inc. December 2004); “HIPAA’s Privacy Rules and E-Commerce Opportunities” in E-Commerce Law, a June 2001, Volume 1, No. 6.; “OIG Releases Compliance Program Guidance for Individual and Small Group Physician Practices” in Health Law Digest, Volume 28, No. 12, December 2000; “Outline of Questions Attorneys Should Ask Physician Clients in Implementing or Creating Effective Compliance Plans” in Journal of Health Law, Summer 2000, Volume 33, No. 3.
Mr. Schaff is on the Board of Advisors of the Radiology Administrator’s Compliance and Reimbursement Insider; Ophthalmology Compliance & Reimbursement Insider, Managed Care, and Ambulatory Surgery Compliance & Reimbursement Insider Newsletters (HcPro, Inc.). Michael is on the Editorial Board of The Coding Institute’s Part B Insider. He is also on the Board of Advisors of Imaging Economics.
Mr. Schaff has been selected for inclusion in Best Lawyers® list 2003-2010 and New Jersey Super Lawyers® list 2005-2010 (Top 100 attorneys) and Who's Who in American Law, Who's Who in the World and Who's Who in the East.
Areas of Emphasis:
Medical Practice Mergers;
Ambulatory Care Facilities and Centers (ASCs);
Hospitals;
HIPAA;
HITECH, Managed Care Contracting;
Healthcare Regulatory Issues;
Hospital/Physician Joint Ventures;
Management Service Organizations (MSOs);
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 and Partner Disputes.