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Health Care

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Hospitals/Health Care Operations

Our firm assists providers in health care operations, including advising institutions and their medical staffs and boards on governance issues.  Our attorneys represent hospitals and physicians in matters such as medical staff bylaws, rules and regulations, institutional review boards, TJC accreditation, advance directives, medical records, bioethics and other operational issues.

Whether the matter involves the day-to-day operations of a hospital or health system or issues associated with regulatory compliance, complex litigation, corporate compliance, board governance, medical staff issues, fraud and abuse, or payor and reimbursement arrangements, our attorneys are fully equipped to address client needs.  We serve as outside counsel for many hospitals, health systems, nursing homes and other long-term care facilities, skilled nursing facilities, and other health care institutional providers.  We also represent physicians, physician groups, home health agencies, ambulatory surgery centers, diagnostic centers, and other outpatient service providers.  We also assist in creating and implementing professional liability self-insurance plans.

Our services include:

Mergers and Acquisitions

• System and facility sales and acquisitions
• Physician arrangements and joint ventures
• Health care antitrust and competition issues
• Due diligence management
• Integration strategies

Reimbursement

• Counseling and contracting for both public and private payor arrangements
• Responding to/defending payor audits
• Identification, reporting and repayment of overpayments
• Medicare/Medicaid enrollment, coverage, reimbursement and billing/coding issues
• Provider-based billing and transactional structuring
• Discounted services, charity care policies and related issues

Regulatory Compliance

• Federal and state compliance
• Licensure, accreditation and certification
• Fraud and abuse advice and compliance
• False Claims Act advice and compliance
• Internal and government investigations
• Affordable Care Act (provider and employer compliance)
• HIPAA/HITECH compliance

Hospital-Physician Relationships

• Contract drafting and negotiation
• Medical staff bylaws and credentialing matters
• Corporate structure and governance issues
• Sale, merger, affiliation and other transactions involving physician practices and other providers, including Medicare and Medicaid change of ownership issues
• Physician employment models
• Joint ventures and management services arrangements
• Professional and administrative services arrangements
• Physician compensation models, including employee benefits and executive compensation arrangements

Data Privacy and Security; Medical Records

• HIPAA/HITECH compliance audits and risk assessments
• Communications with regulators, including OCR
• Policies, procedures and incident response plans
• Breach management and notifications
• Electronic health records (EHR) implementation and operation
• Health information exchanges (HIE), including IT infrastructure
• Telemedicine
• Non-health/PII data compliance and management

Health Care Litigation

• Enrollment, accreditation and licensure disputes
• Professional disciplinary actions
• Reimbursement challenges
• Fraud and abuse
• False Claims Act
• Health care antitrust
• Medical malpractice
• Intellectual property
• Labor and employment
• Contract disputes

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