James A. Robertson - Partner
JAMES A. ROBERTSON is a Partner and the Practice Group Chair of the firm’s nationally recognized Health Care Practice.
Jim began his career as Law Secretary to the Honorable Thomas S. O'Brien of the Superior Court of New Jersey, Appellate Division, 1990-1991, and afterward, as an associate at the firm of Wilentz, Goldman & Spitzer in Woodbridge, New Jersey, where he concentrated his practice in complex commercial and corporate litigation. He was the Managing Partner of Kalison, McBride, Jackson & Robertson, P.C., one of New Jersey’s premiere health care boutique law firms, from 2000-2011, when his firm merged its practice with McElroy, Deutsch, Mulvaney & Carpenter, LLP.
Jim represents a broad array of health care providers, including large for-profit and not-for-profit health care and hospital systems, academic medical centers, nursing homes, home health agencies, medical device manufacturers, pharmaceutical companies, integrated delivery networks, physicians and physician practice groups.
Drawing on his vast knowledge in a range of legal subjects, Jim counsels his clients on a myriad of health care regulatory, corporate and litigations matters, including:
- Corporate representation in connection with health care transactions, including mergers, acquisitions, joint ventures, and divestitures;
- Regulatory counseling on Fraud and Abuse, Stark Law, as well as state certificate of need, CHAPA and other regulatory compliance issues in connection with health care transactions and other physician-integration arrangements;
- Creating integrated delivery systems and accountable care organizations (ACOs), as well as structuring and negotiating joint ventures and agreements with a variety of third parties, including other health care providers, administrative service providers and other vendors, to create integrated delivery systems;
- Implementation of federal health care reform and requirements under the Affordable Care Act;
- Seeking Advisory Opinions from federal regulatory agencies;
- HIPAA compliance;
- Medicare, Medicaid and disproportionate share hospital (DSH) reimbursement matters before State administrative agencies and the federal Provider Reimbursement Review Board;
- Counseling on compliance activities, including internal investigations of potential noncompliance, responding to government inquiries, investigations, subpoenas and search warrants, and providing advice in connection with voluntary disclosures and negotiating corporate integrity agreements (CIAs);
- EMTALA compliance;
- Structuring and negotiating appropriate compensation arrangements with physicians in connection with employment, medical directorships, recruitment initiatives, department management, and office and equipment leases;
- Structuring and negotiating physician practice acquisitions and divestitures;
- Establishing and implementing corporate compliance programs for hospital and ancillary providers within the health system;
- Addressing medical staff matters, including fair hearing requirements and designing state-of-the-art medical staff bylaws;
- Negotiating managed care agreements and risk-sharing arrangements with payors;
- Providing guidance in connection with strategic initiatives on system affiliations;
- Establishing outpatient health care offices, diagnostic imaging facilities and ambulatory surgical centers;
- Overseeing the establishment and purchase/sale of physician practices, hospitals and nursing homes;
- Representation of health care clients in managed care contract negotiations and payor litigation.
Jim Robertson is admitted to practice in New Jersey and Pennsylvania (1990) and to practice before the United District Court for the District of New Jersey (1990), the United States Court of Appeals for the Third Circuit (1997) and the United States Supreme Court (2001). He is a member of numerous professional associations. He is a member of the Hospitals and Health Systems Practice Group Section of the American Health Lawyers Association (AHLA), and is certified by the AHLA as an Alternative Dispute Resolver; he is a member of the Health and Hospital Law Section of the New Jersey State Bar Association; he also serves on the Publications Committee of the New Jersey Chapter of the Healthcare Financial Management Association.