Deeply interested in the health care industry, Ms. Yang keeps abreast of issues and current legal trends having regulatory compliance and operational impact on those involved in this industry. Formerly serving as counsel to the Inland Empire Health Plan for nearly six years, Ms. Yang has extensive experience including, but not limited to, the following areas:
- Contract negotiation, drafting, and review
- Fair procedure issues
- Knox-Keene Act
- Medi-Cal laws and regulations
- Medicare laws and regulations
- Peer review and credentialing
- Privacy and security, including, HIPAA, HITECH AND CMIA
- Provider claims disputes
- Regulatory and compliance matters
- Risk management
- Subpoena requests
- Third party access to patient records (i.e. guardianship, conservatorship, etc.)
Ralph M. Brown Act
The Ralph M. Brown Act guarantees the public’s right to attend and participate in meetings of local government bodies by setting forth required rules to follow prior-to and during any meeting of the agency’s governing body. The Brown Act balances the need for public access and transparency on the one hand, with the need for a local agency’s need to discuss confidential information on the other. Clients have sought guidance regarding the interpretation or requirements of the Brown Act, including the preparation and posting of agenda, closed session items, and special and emergency meetings.
Public Records Act
The Public Records Act (“PRA”) gives the public access to records relating to the business of state and local public agencies. Individuals are given the right to inspect and copy public records, which are not otherwise exempt. Legal services relating to the Public Records Act include assistance with responding to PRA requests, record retention requirements, questions relating to the scope of a request, as well as advice for structuring and training staff to ensure that PRA requests are properly documented and responded to within the required timeframes.
Government Claims Act
The Government Claims Act seeks to provide an opportunity for the public agency to be advised of claims early on; this allows the public agency to engage in fact-gathering and settle claims without resorting to litigation, when appropriate. Public agencies are granted protections through the Government Claims Act, which are also balanced by the public’s need to have a remedy against the government when an injury arises from an agency’s act or omission. Services relating to the Government Claims Act include assistance in evaluation and analysis of claims, development of procedures for proper claims handling, and training of staff.
Contract drafting, negotiating and review
Contracts are a necessary part of business operations. Ms. Yang’s substantial experience in business transactions allows clients to focus on running their business while she handles review and negotiation of any necessary contracts. Such services can also include ensuring that the contract is in compliance with applicable laws and regulations. From provider contracts to licensing agreements, Ms. Yang has assisted clients in a wide array of transactions with vendors, medical providers, employees, suppliers, lessors, lessees, professional service providers, and contractors.
General counsel services
General counsel services can include identifying potential issues, risk management, providing legal advice, discussing pending legal matters, assisting with damage control, or providing contract drafting/review. As general counsel, Ms. Yang can provide the full scope of legal services for all aspects of a client’s transactional or advisory needs on an as-needed basis.
Drafting ordinances and resolutions
Ordinances are the mechanism for public agencies to enact local law in the geographic area over which they have jurisdiction. Whatever the issue which requires the implementation of local law, Ms. Yang can assist in the ordinance drafting and approval process, including introduction to the governing board, related public hearings, and statutory notice procedures.
With respect to resolutions, the objectives can differ. Sometimes they are statutorily required, other times, they allow a governing board to make a statement. Still other times, a resolution can simply be a prudent action to take by a governing board. Whatever the case, Ms. Yang can assist in the drafting and processing, and ensure compliance with any applicable requirements.
Public Works/Prevailing wage
The public works process sets forth many requirements and often cumbersome paperwork. Ms. Yang can assist with the overall process and provide specific advice on areas a client finds unclear. This will not only provide needed guidance for staff, but also minimizes the risk of construction or contract disputes. Other services include assistance with the preparation of public works bid packages and related contract documents.