Timothy J. Conan
Mr. Conan is a partner in the firm Costello, Cooney & Fearon, PLLC and specializes in the areas of hospital and healthcare law, non-profit organizations and employee benefits. He has over 20 years of experience as a health law transactional attorney representing integrated hospital systems, community hospitals, public hospitals, physicians, group practices, and other health care facilities.
Agreements between Hospitals and Physicians
Negotiated and drafted Physician Employment Agreements, Recruitment Agreements, Medical Director Agreements, On-Call Agreements, Co-management (Service Line) Agreements, Professional Services Agreements, Personnel Lease Agreements, Equipment Lease Agreements, Space Use Agreements, and Office Leases. Developed legal review procedures for financial arrangements between hospitals and physicians for compliance with Stark statute and regulations, Anti-Kickback Statute, Civil Monetary Penalty Statute, NYS Stark, IRS requirements for tax exempt hospitals and tax exempt bond financing requirements.
Purchase and Sale of Physician Practices
Represented hospitals acquiring physician practices including large practice (80 providers) and smaller practices (9 providers). Negotiated and drafted asset purchase agreements and employment agreements.
Managed Care Contracting
Review and negotiate Hospital Participating Provider Agreements, Physician Participating Provider Agreements with commercial insurers and ACO Hospital Participating Provider Agreements.
Affiliations and Joint Ventures
Formed hospital/physician joint ventures for ambulatory surgery centers, medical imaging, medical office building, dialysis units, Respiratory Therapy/DME supplier and radiation oncology equipment. Created multi-hospital joint ventures for clinical laboratory, and certified home health care agency. Negotiated and drafted limited liability company operating agreements, management agreements and private placement memorandum.
Formation of Captive Physician Organization
Formed and obtained Internal Revenue Code Section 501(c)(3) tax-exempt status for NYS Professional Services Corporations as integral part of hospital system. Drafted Certificate of Incorporation, By-laws, shareholder agreement, and stock escrow agreement with physician shareholder.
Tax Exempt Bond Financing
Served as Borrowers Counsel for (i) $68,315,000 municipal bond public offering tax-exempt revenue bonds; (ii) $142,745,000 municipal bond public offering of tax-exempt revenue bonds; (iii) $63,000,000 municipal bonds bank purchase; (iv) TELP equipment financing; and (v) conventional equipment financing.
Employee Benefits- Executive Compensation
Represented hospitals in drafting CEO Employment Agreements, drafted IRC Section 457(b) Plans, Section 457(f)/409A Plans and approval process under IRS requirements.
New York University School of Law, LL.M in Taxation, 1989
Syracuse University College of Law, J.D., cum laude, 1986
Syracuse University, B.A., 1983
Speaking / Publications / Awards
Co-editor of Tax Exempt Issues Chapter of upcoming AHLA publication, "Representing Hospitals & Health Systems", 2016 publication date.
"Legal Issues for Tax-Exempt Hospitals Considering Gainsharing Under the DRA 5007 Medicare Demonstration
Project or With a Commercial Health Plan" American Health Lawyers Association HMOs & Health Plans
Newsletter, Winter 2007 (February), Volume 10, Issue 1
"Update on Hospital Board's Physician Recruitment Policy," The Exempt Organization Tax Review, December 2005, Vol. 50, No. 3, page 361;
"Typical Healthcare Transactions and Recent Guidance from the OIG on Contractual Joint Ventures, Rehabilitation Management Agreement and Compliance for Pharmaceutical Manufacturers," Health Lawyers Weekly, August 22, 2003, Vol. 1, Issue 20
"Serving on a Healthcare Organization's Board After Enron and Corporate Fraud Scandals of
2001-2002," The Exempt Organization Tax Review, September 2002, Vol. 37, page 471.
"Tax Exemption Overview & Complice", New York State Bar Association, Advising and Operating the New York Not-for-Profit Organization, December 5, 2013, Syracuse, NY
"Selected Current Issues Relating to Federal and State Taxation", New York State Bar Association Advising and the Operating the New York Not-for-Profit Organization, December 14, 2011 New York, NY
"Selected Current Issues Relating to Federal and State Taxation", New York State Bar Association Advising and Operating the New York Not-for-Profit Organization, June 18, 2009 New York, NY
"Got Incentives?: Latest Hospital and Payor P4P Initiatives", American Health Lawyers Association Fraud and Compliance Forum, September 23, 2007, Baltimore, MD.
St. Joseph's the Worker Award, St. Joseph's Hospital Health Center Foundation, March 23, 2015