Home Health Law

The home health care industry is a growing segment of our economy and promises to be well into the future.
Your skills and experience as an accomplished RN or other medical practitioner make you an outstanding candidate to enter this expanding field. However, while you may have a broad range of knowledge and experience in medical care, you most likely do not have much if any experience in getting a business started.
Lavelle Law, Ltd. has a strong history of representing individuals in the creation of corporations and other business entities. Our health care department combines that background with knowledge of the special needs of entrepreneurs creating a health care related business.
Theodore McGinn has been assisting home health care providers get their businesses started since 1998 and offers expertise in regulatory, financial and legal matters so you can concentrate on building your business.

When starting a business, there are several types of entities that can be created, each with certain advantages and disadvantages. Lavelle Law, Ltd. will work to establish the type of entity that minimizes your personal liability while providing the greatest flexibility in operation and the most advantageous tax structure possible. From the creation of the business, to addressing matters such as annual meetings of the owners, we provide advice and guidance related to your business entity. In addition, we can advise you in anticipating potential issues that can arise throughout the life of your business in the home health care sector, which without careful planning, can deadlock your business.
Many issues that can often derail a successful business can be avoided through a complete Shareholder or Operating Agreement. Events such as the death of an owner, an attempt to transfer stock, or a dispute over distribution of earnings can deadlock a business. Lavelle Law, Ltd. has substantial experience in drafting a comprehensive agreement that will ensure a smooth transition through such events.

One of the primary sources of revenue in the home health care industry is in serving Medicare eligible patients. Only by obtaining a provider number can your business collect payments from the federal government for services rendered to patients who can not pay for themselves. It is therefore critical that your business apply for and receive a Provider ID Number from the Department of Health and Human Services as soon as possible. Our expertise will help navigate your business through the bureaucratic complexities. While this is most likely a new experience for you, it is one that we have dealt with many times and one for which we can expedite the process.
In addition, once your business is established and begins accepting Medicare reimbursements from the federal government, your business is subject to audit. We offer an extensive background in representing businesses through audits conducted by the federal government and can ensure that the audit is concluded promptly to minimize disruption to your business.

Rather than starting a business, perhaps you are considering buying an existing business, or have an established business you are considering selling. Lavelle Law, Ltd. has vast experience in transactions of this nature across many industries including home health care. Our experts will work to represent your corporate entity, as well as you individually.
In a purchase, through a rigorous due diligence process we can work to maximize the value of the transaction for you. We will perform a thorough review to be sure that the entity you are buying is free from any liens and to identify any potential liabilities that could ultimately weaken or destroy the asset you acquire. Finally, we will examine the assets to verify their value. Simply put, we will protect your investment.
If you are selling, our financial experts can structure terms to maximize the proceeds from the sale while managing your tax liability. In addition, we will work to secure your post-sale position to limit your personal obligations to the purchaser after closing. Common strategies may involve retaining a security interest in the assets sold, executing a promissory note, personal guaranty and mortgage in any property owned by the purchaser, or simply negotiating a lump sum payment for the purchase.

One of the largest obligations of any business is its federal tax obligations for both income and employment taxes. When starting a business, it is not uncommon for expenses to outpace income for some period. Our tax professionals will work with you to oversee your tax compliance. Should any tax issues arise, Lavelle Law, Ltd. has extensive experience in providing representation before the Internal Revenue Service. We will work to prevent any harmful situations in which the IRS might attempt to levy bank accounts or receivables which could damage your on-going business. We can also represent individual shareholders in any disputes with the IRS over alleged tax delinquencies. Several members of our staff have chaired tax committees of the Chicago Bar Association and are recognized as leaders in the tax law segment.

Over the life of a successful venture, your business will create value associated with its name. It is critical that you protect such good will from misappropriation from competitors. We can implement a business strategy to protect goodwill by using trademark protection with the United States Patent and Trademark Office. In addition, customer and business relationships that you foster over time will become valuable assets in and of themselves. It is critical that you protect the trade secrets that give your business a competitive advantage. It is dangerous to operate your business without an intellectual property security system in place.

Under a variety of statutes and recently-passed legislation, all companies providing home health care services are obligated to maintain confidential records and information regarding their customers and patients. Failure to observe such requirements could expose the company to civil liability to its patients as well as criminal prosecution from governmental agencies. By staying close to the latest changes in requirements, Theodore McGinn and the other attorneys at Lavelle Law, Ltd. can devise and implement the appropriate measures to maintain compliance in this area.

Lavelle Law, Ltd. can assist your company with an internal control mechanism which will prevent a breach of patient/customer confidentiality, while assisting with a records retention policy that will keep you compliant with state and federal guidelines.

At some point you may consider ceasing to operate your business for a variety of reasons. We offer extensive experience in the proper steps to wind down business affairs in order to minimize any exposure to your personal assets while providing the minimum financial impact. In addition, our attorneys can offer numerous alternatives to transfer your business to successive generations.

In any corporate structure with more than one employee, protection is needed for the principal shareholders. We offer experience in handling disputes that may arise amongst owners and can provide a range of suitable alternatives to prevent or resolve such disputes. Among these are a formal review of corporate books and records, enforcement of fiduciary duties owed between partners, and litigation against those who may have caused damages against the owners.
Similarly, employees who gain valuable knowledge and experience working for you could ultimately use those skills and experience to compete against or otherwise damage your business if you do not secure appropriate protection. Lavelle Law, Ltd. can craft fair and binding covenants not to compete for all employment relationships and/or independent contractor relationships.

Lavelle Law, Ltd.'s Immigration Law practice has successfully represented clients with their immigration matters. Many business encounter immigration issues affecting their employees. Unless your business is equipped with immigration law expertise, your business may lose a valuable asset, its personnel. We are dedicated to servicing the immigration needs of both individuals and businesses throughout the world. Our experienced attorneys are available to assist you or your business with a broad range of immigration law issues involving employment visas, student/family-based visas, green cards/permanent residency, family sponsorship, citizenship/naturalization, adoption, and deportation.