Alexander Lebedinski
Business Law & Commercial Transactions
Curriculum vitae
EXPERIENCE
Mr. Lebedinski is an Equity Partner at Giarmarco, Mullins & Horton, P.C. and concentrates his practice in the areas of Healthcare Law and Business Transactions. He represents healthcare providers, including physicians, large and small primary and specialty physician group practices, physician organizations, outpatient ambulatory surgery centers, diagnostic centers, laboratories and a specialty hospital in the areas of Federal and State regulatory compliance, as well as in a wide variety of business, corporate and employment law matters.
- Compliance with Stark Act prohibitions on self-referrals, the Anti-Kickback Statute and fee-splitting prohibitions
- Forms professional corporations and limited liability companies, group practices, medical office holding companies, as well as non-profit entities, and develops successful business planning strategies with client-specific Operating Agreements and Buy-Sell Agreements
- Prepares, reviews and negotiates employment, confidentiality, non-competition and professional service agreements, new physician shareholder agreements, medical directorship agreements, call coverage agreements, program development agreements, EMR / EHR software license agreements, billing and transcription services agreements, and equipment, personnel and medical office space leases
- Private equity transactions, including practice management model arrangements
- Assists with obtaining Certificates of Need for single and multi-specialty outpatient ambulatory surgical centers (ASC) and diagnostic centers (physician-owned and IDTF), and with purchase and sale transactions involving transfer of Certificate of Need
- Prepares and assists with implementation of HIPAA and HITECH Act compliance programs for healthcare providers and business associates; conducts HIPAA site reviews and workforce training; prepares, reviews and negotiates Business Associate Agreements; and assist with documenting HIPAA Risk Assessments and reporting of HIPAA Breaches of Unsecured PHI
- Prepares and assists with implementation of ACA provider compliance programs
- Advises on appropriate billing practices for diagnostic and other ancillary services
- Analysis and submission under the ACA’s voluntary Self-Referral Disclosure Protocol (SRDP).
- Immigration for physicians and nurses.
Over the years, Mr. Lebedinski has presented on numerous healthcare law issues to practicing physicians, medical residents, and practice administrators.
In addition to healthcare law, Mr. Lebedinski has also represented clients in a variety of business transactions, as well as in the areas of corporate and immigration law.
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FREQUENTLY ASKED QUESTIONS
EXPERIENCE
Mr. Lebedinski is an Equity Partner at Giarmarco, Mullins & Horton, P.C. and concentrates his practice in the areas of Healthcare Law and Business Transactions. He represents healthcare providers, including physicians, large and small primary and specialty physician group practices, physician organizations, outpatient ambulatory surgery centers, diagnostic centers, laboratories and a specialty hospital in the areas of Federal and State regulatory compliance, as well as in a wide variety of business, corporate and employment law matters.
- Compliance with Stark Act prohibitions on self-referrals, the Anti-Kickback Statute and fee-splitting prohibitions
- Forms professional corporations and limited liability companies, group practices, medical office holding companies, as well as non-profit entities, and develops successful business planning strategies with client-specific Operating Agreements and Buy-Sell Agreements
- Prepares, reviews and negotiates employment, confidentiality, non-competition and professional service agreements, new physician shareholder agreements, medical directorship agreements, call coverage agreements, program development agreements, EMR / EHR software license agreements, billing and transcription services agreements, and equipment, personnel and medical office space leases
- Private equity transactions, including practice management model arrangements
- Assists with obtaining Certificates of Need for single and multi-specialty outpatient ambulatory surgical centers (ASC) and diagnostic centers (physician-owned and IDTF), and with purchase and sale transactions involving transfer of Certificate of Need
- Prepares and assists with implementation of HIPAA and HITECH Act compliance programs for healthcare providers and business associates; conducts HIPAA site reviews and workforce training; prepares, reviews and negotiates Business Associate Agreements; and assist with documenting HIPAA Risk Assessments and reporting of HIPAA Breaches of Unsecured PHI
- Prepares and assists with implementation of ACA provider compliance programs
- Advises on appropriate billing practices for diagnostic and other ancillary services
- Analysis and submission under the ACA’s voluntary Self-Referral Disclosure Protocol (SRDP).
- Immigration for physicians and nurses.
Over the years, Mr. Lebedinski has presented on numerous healthcare law issues to practicing physicians, medical residents, and practice administrators.
In addition to healthcare law, Mr. Lebedinski has also represented clients in a variety of business transactions, as well as in the areas of corporate and immigration law.
Practice Areas
• Healthcare Law
• Business Law & Commercial Transactions
• Automotive
• Immigration Law
• International Law
• Municipal & Government
EDUCATION
• University of Michigan Dearborn, School of Management, B.B.A
• University of Detroit Mercy School of Law, J.D., cum laude
Admitted to Practice
• Michigan: 2004
Memberships
• State Bar of Michigan
• The American Bar Association
• American Health Lawyers Association
• American Immigration Lawyers Association
• International Law Section, State Bar of Michigan
Additional Services
Mr. Lebedinski has represented clients in a variety of business transactions, as well as in the areas of corporate and immigration law.
Corporate Law
- Forms corporations and limited liability companies
- Develops successful business planning strategies, prepares operating agreements, buy-sell agreements and other corporate documents
- Assists foreign investors and entities with establishing operations in the United States
Business Transactions
- Prepares, reviews and negotiates terms and conditions for purchase and sale of goods, equipment purchase agreements, service agreements, joint development agreements, distribution agreements and technology license agreements in the healthcare and other industries
- Assists with sales and acquisitions of businesses, including asset and stock transactions, prepares letters of intent and private placement memorandums
Immigration Law
- Advises corporate and individual clients on various U.S. immigration matters
- Assists with obtaining U.S. work visas, visa extensions and permanent residence for business executives, investors, professionals, physicians, nurses and their families
Selected transactions
October – December 2019
- “Blueprint for Affordability” Program Agreement review and negotiation on behalf of a regional physician organization with Blue Cross Blue Shield of Michigan
- Hyperbaric Wound Care Program Agreement
- Letter of Intent – sale of physicians ownership interest in ASC to a hospital
- Project Implementation Progress Report (PIPR) for new ASC
- Orthopedic Surgeon Employment Agreement and Asset Purchase and Integration Agreement
- Bariatric Surgeon Employment Agreement and Asset Purchase and Integration Agreement
- Emergency Medicine Physician Independent Contractor Agreement
- Urgent Care Clinic Lease Agreement
- Master Services Agreement for Billing Company
- HIPAA Authorization for Orthopedic Practice
- HIPAA Business Associate Agreement for Ophthalmology Practice
- Timeshare Agreement for medical office space
- HIPAA Matters
July – September 2019
- Urgent Care Clinic patient intake forms
- Telemedicine guidance
- Medical device Distribution Agreement
- Physician Employment Agreement for Gastroenterology Fellow
- Physician Employment Agreement for Podiatrist to provide professional and medical director services
- Diagnostic Testing interpretation arrangement
- Evaluate potential Qui Tam action
- Long Term Acute Care Hospital / Hospital within a Hospital (LTCH / HwH) project
- Medical office space Sublease Agreement
April – June 2019
- Executive Director Agreement of a regional Physician Organization
- Form a Physician-Owned Real Estate Holding Company, prepare Operating Agreement, and assist with acquisition of a Medical Office Building in Macomb County, Michigan
- Form a Professional Limited Liability Company and prepare an Operating Agreement for a new multi-physician Cardiology group practice
- Advise a Physician Organization on Shareholder dividend distribution issues
- Physician Assistant Employment Agreement for a multi-office Cardiology group practice
- Medical Office Space Lease for a new office of a Cardiology Practice
- Assist MRI Diagnostic Testing Facilities with responding to a Certificate of Need survey from State of Michigan
- Medical Office Space Lease for a healthcare clinic in an underserved area of the City of Detroit
- Represent a multi-office Hearing Aid distributor / retailer in a lease and successor liability dispute with landlord
- Assist a potential Convener Participant with determining BPCI Advanced eligibility and participation criteria
- HIPAA matters
January – March 2019
- Assist with a sale multi-office Physical Therapy and Adult Foster Care facilities in Southeastern Michigan
- Purchase of a Primary Care Medical Practice and the associated Medical Office Building in Wayne County, Michigan
- Redemption of a Hospital’s interest in an Ambulatory Surgical Center (ASC)
- Advise a regional Physician Organization (PO) on Clinical Integration and Financial Integration related to negotiation with Third Party Payers on behalf of PO members
- Develop a legal and business strategy for a Pediatric Cardiologist separating from current employer
- Toxicology Laboratory landlord-tenant dispute
- Review and negotiation of Physician Employment Agreements
- Unwind a multi-office Physician Group Practice with shared Ancillary Services
- Medicare Advantage agreement and Delegated Credentialing agreement between a regional Physician Organization and a Third Party Payor
- Advise on potential liability issues related to a Professional Corporation serving alcohol at its Board of Directors meetings
- Prepare an Operating Agreement, Buy-Sell Agreement, Offering Memorandum and related documents for a new Physician-Owned Ambulatory Surgical Center (ASC) in Wayne County, Michigan
- Advise on establishing a Hospital-affiliated Ambulatory Surgical Center (ASC)
October – December 2018
- Assist with a sale of a regional CLIA Laboratory to a national purchaser
- Represent two Creditors in the Wayne State University Physician Group Chapter 11 proceeding in Detroit, Michigan
- Employment Agreement for Marketing and Sales personnel of a national Toxicology Laboratory
- Form a Professional Corporation for a Primary Care Medical Practice in Wayne County, Michigan.
- Supply Agreement with a Distributor of vaccines and pharmaceuticals for a multi-office Ophthalmology medical practice
- Assist a regional Physician Hospital Organization (PHO) with review and negotiation of a Third Party Payor agreement.
- Physician Employment Agreement review for a physician’s job following fellowship
- Review and advise a national Diagnostic Testing service provider on its arrangements with referring physicians
- Represent Ambulatory Surgical Center (ASC) in switching Anesthesia services provider
- Addition of a new physician owner to an Ambulatory Surgical Center (ASC)
- Termination of Physician’s medical staff privileges at a Hospital
- Address HIPAA and disclosure of Protected Health Information for a healthcare clinic
July – September 2018
- Advise a group of Professional Corporations on creating a Stark-compliant Physician Group Practice and development of Mobile and Fixed Diagnostic Testing Facilities (MRI, CT)
- Review and negotiate provision of Information Technology services, and related HIPAA issues, to an OB/GYN practice in Oakland County, Michigan
- Advise on establishing a Hospital-affiliated Ambulatory Surgical Center
- Advise a regional Physician Organization on Messenger Model issues in communicating and negotiating with Third Party Payors on behalf of PO members
- Physician Employment Agreement (professional, on-call and medical director services) for a new physician employee of a Hospital
- Advise on establishing a Long Term Acute Care Hospital (LTCH), including Michigan Certificate of Need and CMS requirements
- Termination of Physician participation with a Health Plan
- Redemption of Physician membership interest in a Physician-Owned Real Estate Holding Company
- Prepare a Confidentiality and Non-Disclosure Agreement for a regional Physician Organization
- Medical Office Space Sublease Agreements
Other Transactions
- Represented a European automotive manufacturer in all phases of a new vehicle program, including all purchasing activities in the United States
- Negotiated over 100 long term supply and commercial contracts, capital equipment purchase agreements, service agreements, joint development agreements and technology license agreements
- Oversaw litigation and arbitration proceedings and successfully negotiated and implemented out of court settlements with over 30 companies, while preserving the relationships and saving substantial amounts of money to the clients
- Prepared and assisted with implementation of HIPAA and HITECH Act compliance programs, risk assessments, workforce training and corrective measures at a large multi-office cardiology practice and a large multi-office diagnostic testing facility.
- Assisted with analysis and preparation of a voluntary Self-Referral Disclosure Protocol (SRDP) submission to HHS under Affordable Care Act and Stark Act
- Obtained visas for EB-5 immigrant investors, L-1A intracompany transferees and E-2 treaty investors
Distinctions
top lawyers: 2012, 2013, 2016
top attorney
rising stars: 2010-2015
News / blog
Alexander Lebedinski Authors The Article “Covenants Not To Compete – FTC Rule Would Ban (Most) Non-Competes”
Mr. Lebedinski explores recent developments surrounding non-compete clauses, particularly within the healthcare industry. Delving into the Federal Trade Commission's Non-Compete Clause Rule issued on April 23, 2024, he examines the transformative impact of this rule,...
Giarmarco, Mullins & Horton, P.C. Proudly Announces the Election of Two New Board Members by Shareholders
FOR IMMEDIATE RELEASE Giarmarco, Mullins & Horton, P.C. Proudly Announces the Election of Two New Board Members by Shareholders Troy, MI. April 17, 2024 – Giarmarco, Mullins & Horton, P.C. proudly welcomes two new members to its Board of Directors. Following a...
Alexander Lebedinski Presents on Stark and Anti-Kickback Statute at Oakland County Bar Association
TROY, Mich. – November 7, 2019: Giarmarco, Mullins & Horton, P.C. is pleased to announce that Alexander Lebedinski presented to the Medical Legal Committee of the Oakland County Bar Association on Thursday, November 7. Lebedinski’s presentation is titled “Stark...
Alexander Lebedinski has been elected Chair of the Medical Legal Committee of the Oakland County Bar Association
TROY, Mich. -- Alexander Lebedinski, partner with the law firm of Giarmarco, Mullins & Horton, P.C., Troy, Michigan, has been elected to Chair the Medical-Legal Committee of the Oakland County Bar Association for a one-year term starting July 1, 2019. This...
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