Federally Qualified Health Centers

Federally Qualified Health Centers are a vital source of primary care in America. There are 1,250 Community Health Centers nationwide, each governed by a community-based board with majority consumer membership. With grants made by the Health Resources and Services Administration (HRSA) under Section 330 of the Public Health Service Act, FQHCs provide primary care to all individuals, regardless of their ability to pay. FQHCs serve the homeless, residents of public housing, migrant farm workers and others with emergent and chronic health care needs, but limited resources to secure treatment through traditional channels. Health reform reinforced FQHCs’ status as a cornerstone of the American health care system.

Feldesman Tucker Leifer Fidell has unmatched experience with and a deep commitment to serving FQHCs, FQHC look-alikes, and their hospital/health system partners. Clients include the National Association of Community Health Centers, state primary care associations, as well as individual FQHCs.

From the program’s early days, FTLF’s attorneys have assisted health center clients in meeting the numerous federal requirements of the program. This active participation in the growth of the FQHC program provided our attorneys with an unparalleled depth of knowledge about FQHCs and an exceptionally nuanced understanding of the challenges and needs of our health center clients. Clients rely on our attorneys for counsel regarding all aspects of being an FQHC: from the grant application, to governance, to structuring affiliations and collaborations.

Drawing on decades of experience, our attorneys work closely with clients to craft innovative solutions to even the most complicated issues FQHCs face. Our attorneys are versed in FQHC reimbursement, the 340B program, Federal Tort Claims Act, the National Health Service Corps program, and the changes and new opportunities created by health reform, so clients can rely on them for skilled counsel on all matters pertaining to being an FQHC.

Representative Activities:

• Proving legal assistance in securing federal and state grants, cooperative agreements, and contract, particularly Section 330 grants and/or Section 330 look-alike status.
• Providing transactional representation, including, but not limited to, formation of agreements for multi-provider affiliations/joint ventures, general contracting, and residency training agreements.
• Providing a full-range of Section 330 specific counseling services for the development , evaluation, implementation, orientation, and support of effective programs
• Assessment of compliance with applicable federal laws and regulation, including, but not limited to, Anti-Kickback, Stark, False Claims Act, the Health Insurance Portability Act (HIPAA), antitrust laws, and tax.
• Reviewing and analyzing federal and state statutes, regulations, and government/industry guidance and policies affecting the health care industry and drafting issue briefs, memoranda, advisory opinion requests, et cetera.
• Providing legal assistance with issues pertaining to FQHC benefits, including cost-based reimbursement, 340B program, Federal Tort Claims Act, the National Health Service Corps, etc.
• Establishing residency training programs in non-hospital settings consistent with the Accreditation Council for Graduate Medical Education requirements.

For more information about our Health Law practice or the services we provide to FQHCs, please contact Jacki Leifer at jleifer@ftlf.com.