transitive verb
:to make changes: do something in a new way
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Health Care

The Health Care practice attorneys represent virtually all types of providers in the health care industry across the continuum of care, both corporate and individual.  Our Health Care team assists clients in reviewing routine and complex business issues, meeting both the challenges of day-to-day compliance and identifying potential areas of risk. We handle matters related to corporate structure, regulatory compliance and financing, minimizing liability and litigation avoidance. Should the need arise, our firm’s Health Care Litigation practice has an extraordinary trial record in defending health care providers and organizations.

Due to the nature of the health care industry, situations often occur that require an immediate legal response. The Health Care team is committed to excellent client service, and recognizes that prompt responses, even after normal business hours, are critical to the success – and perhaps even survival – of health care clients.

Areas of Concentration

Board Advisors

Our attorneys regularly advise our health care clients’ boards and committees on corporate governance and compliance matters in this changing environment.  They also provide advice and counsel to all types of health care providers and institutions regarding acquisitions, divestitures, joint ventures and other strategic matters. 

Certificate of Need

Members of our Health Care team regularly represent and advise clients on matters such as the applicability of state certificate of need (CON) review requirements, reporting requirements, and state CON agency activities. We assist clients in the preparation of CON applications and related pre- and post-approval filings, and we also represent clients in obtaining project approvals and in opposing projects seeking CON approval.

Fraud and Abuse Issues

The Health Care team counsels clients concerning the fraud and abuse implications of existing and proposed business arrangements. We assist in structuring business arrangements to comply with state and federal fraud and abuse requirements, including anti-kickback “safe harbors” and Stark law exceptions. Our lawyers also have experience obtaining fraud and abuse advisory opinions, as well as more informal guidance from the relevant regulatory authorities.

Health Care Financing

The Health Care team has extensive experience in handling tax-exempt and other financing matters involving health care providers, including secured and unsecured borrowings, pass-through financings, loan workouts and restructurings. This experience also encompasses public and private offerings, fixed and variable rates, unenhanced credit and credit backed by bond insurance and letters of credit.

HIPAA Compliance

Our lawyers advise clients on compliant policies, procedures and forms related to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and address questions pertaining to confidentiality and access to individually identifiable health information. Together with the firm’s Privacy and Data Security practice, our Health Care team assists clients in investigating and responding to potential data breaches, and in necessary follow-up under state and federal requirements.

Licensing, Certification and Accreditation

Firm Health Care lawyers counsel individuals and organizations regarding licensure, certification and accreditation requirements including issues related to scope of practice, alleged disciplinary infractions, collaborative practice, state and federal inspections and surveys and threatened regulatory sanctions. In addition, our lawyers work with state and federal regulators and licensing boards to resolve issues and, when necessary, represent clients in challenging adverse actions. Working together with our firm’s highly-experienced litigators, we have had remarkable successes in preventing sanctions including threatened terminations from Medicare and Medicaid. We frequently represent acute care and post-acute care organizations in dealing with allegations of “Immediate Jeopardy” and the consequent threat of “fast-track” terminations.

Medical Staff Issues

Hospitals, as well as individual health care professionals, are counseled regarding medical staff activities, policies and hospital bylaws, including but not limited to malpractice insurance issues, peer review and credentialing activities, National Practitioner Data Bank reporting, disciplinary activities (including summary and automatic suspension hearings), revocation of clinical or admitting privileges, medical staff membership issues, and the role of allied health professionals.

Managed Care

Providers and payers are represented in core activities such as negotiating network arrangements, preparing letters of intent, and drafting participating provider contracts. In addition, clients have been counseled in managed care credentialing matters, state and federal government contracting, managed care fraud and abuse issues, insurance regulatory compliance matters, and securities exemptions, offerings and registration matters.

Medicare and Medicaid Reimbursement

The health care lawyers counsel providers and other entities concerning Medicare and Medicaid billing and reimbursement issues, reassignment requirements and billing and collection arrangements. They also represent clients in negotiations with regulatory agencies and in appealing audit findings, and rate and overpayment determinations.

Operational Matters

The Health Care team is experienced in a wide variety of day-to-day operational, policy and procedural matters, for organizations and individuals providing acute care, post-acute care, and long-term care services, including issues related to state licensure and The Joint Commission compliance, physician retention and recruitment incentives, both hospital-based and private practice based physician arrangements, medical director agreements, informed consent, patients’ rights, advance directives, commitments and guardianships, institutional research, graduate medical education and other clinical education programs, charity care policies, and supply contracts.

Risk Management/ Malpractice Defense

The lawyers on the Health Care team help clients and their risk managers address potential liability issues and problem areas including the development of new incident and claims investigation policies and procedures, and training staff on issues such as defensive documentation and incident investigation procedures. Our firm’s Health Care Litigation practice area has a long and successful track record of defending health systems and individual health care providers, including self-insured providers.

Questions? Contact one of the following Health Care attorneys or Health Care Litigation attorneys.

Representative Experience