Michael F. Schaff - Business Law Attorney

Michael F. Schaff
Phone: 732.855.6047
Fax: 732.726.6552
Bar Admission:

New Jersey, 1982
New York, 1982
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, 1983

 
Education:

LLM, Taxation, Boston University, 1983
JD, New York Law School, 1982
MBA, Management Policy; Specialization - Finance, Bernard M. Baruch College, C.U.N.Y., 1982
BA, Rutgers College, 1979

Biographical Information:

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 in evaluating 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

Memberships/Affiliations:

  • Taskforce Chair, AHLA – Representing Physicians Handbook, 4th Edition, 2016; 3rd Edition, 2012; 2nd Edition, 2009; 1st Edition, 2006
  • New Jersey State Bar Association  Health Law Section, Chair, 20162017, 19992000 and Director, 19962017
  • New Jersey Lawyer Magazine Editorial Board, Chair, 2014Present; Vice Chair, 20092014; Member, 2005Present
  • Advisory Board, Center for Health & Pharmaceutical Law & Policy, Seton Hall Law School, 2011Present
  • Advisory Board, Health Law Reporter, Bloomberg BNA, 2011Present
  • Board of Advisors, Imaging Economics Magazine, 2009Present
  • Board of Directors, Susan G. Komen South and Central New Jersey Affiliate, 20092016
  • Editorial Board, Part B Insider, The Coding Institute, 2009Present
  • Board of Advisors, Ambulatory Surgery Compliance & Reimbursement Insider Newsletter, HcPro, Inc., 2008Present
  • Board of Advisors, Managed Care Newsletter, 2008Present
  • Board of Advisors, Ophthalmology Compliance & Reimbursement Insider Newsletter, 2008Present
  • Board of Advisors, Radiology Administrator’s Compliance and Reimbursement Insider Newsletter, HcPro, Inc., 2008Present
  • Active Volunteer, American Cancer Society, 2000Present
  • 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, Austin, Texas, February 810, 2016; Las Vegas, NV, February 24, 2015; New Orleans, LA, February 57, 2014
  • AHLA – Fundamentals of Health Law Program Planning Committee, Chicago, IL, Chair, 2010–2012; Speaker, 2014–2015
  • AHLA Fellow, 2016; Board of Directors, 20062012; Board Chair of Practice Groups, 20102010; Executive Committee, 2010–2012 and Finance Committee, 20112012
  • Board Member, Circle of Life Children’s Center, 20082011
  • 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
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, 2003–2016
  • 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:
  • AHLA - 2017 Summary Of Selected New Jersey Fraud And Abuse Statutes & Regulations
  • AHLA – Representing Hospitals Handbook, 2016
  • 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, 2007–2016 (Band 1, Healthcare 2011–2016)
  • New Jersey Best Lawyers®, 2003–2016; “Healthcare Lawyer of the Year” 2012 & 2016
  • New Jersey Super Lawyers®, 2005–2016; “Top 100” 2007–2015

    Chambers is published by Chambers and Partners. Super Lawyers is published by Thomson Reuters. Best Lawyers is published by Best Lawyers in partnership with US News and World Report. The aforementioned organizations are private peer review organizations, not court specific public certification vehicles.  No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.

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.
 
Practice Area(s):

Lawyer Publications:

Lawyer Videos:

Schaff, Michael F