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Health Law

In order to help guide our clients through the increasingly complicated maze of American healthcare in the most effective fashion, the Health Law Practice Group incorporates attorneys from each of the firm’s offices and practice sections.  These attorneys have the skills and experience to advise diverse types of healthcare clients with respect to a wide variety of legal, regulatory and reimbursement issues.  Specific types of past representation have included:

Representation of Hospitals, Healthcare Facilities & Chains

  • Serving as Counsel for Hospitals, Nursing Homes, Assisted Living Facilities, Rehabilitation  Facilities, Home Health Agencies and Ambulatory Surgery Centers
  • Representing Buyers or Sellers in Acquisitions
  • Obtaining Licenses and Certifications
  • Assisting with Cost Report Appeals and Payment Denials
  • Advising Entities on Strategic Alternatives
  • Representation of Individual & Group Medical & Dental Practices
  • Drafting Corporate Documents
  • Negotiating Employment Agreements
  • Obtaining Medicare/Medicaid Certification
  • Drafting Authorizations or Consents
  • Physician Employment & Staff Privileges
  • Drafting and Revising Medical Staff Bylaws
  • Negotiating Employment Contracts
  • Designing or Modifying Physician Impairment programs
  • Advising Management on General Labor & Employment issues
  • Creating Union Avoidance Programs
  • Assisting Healthcare Clients with FMLA, FLSA, Employment Discrimination and Constitutional Rights matters

Certificates of Need

  • Preparing Applications for Certificates of Need
  • Opposing Applications for Unnecessary Facilities
  • Monitoring Regulatory Developments

Healthcare Compliance Plans & HIPAA

  • Implementing Compliance Plans
  • Designing HIPAA Implementation Guidelines
  • Drafting or Revising Policies and Procedures
  • Conducting Compliance Audits and Investigations

Representation of Preferred Provider & Managed Care Organizations

  • Drafting Agreements with Providers
  • Assisting with Provider Appeals
  • Defending Appropriate Claims Denials

Financing of Healthcare Facilities

  • Serving as Bond Counsel, Underwriter's Counsel and Bank Counsel for both taxable and nontaxable issues
  • Negotiating Loan Agreements for facilities, lenders and physicians
  • Drafting or Reviewing Leases for facilities or equipment
  • Establishing Professional or Medical Office agreements among physicians

Healthcare Regulatory Work

  • Designing Stark-Compliant Transactions
  • Advising Clients on Fraud & Abuse Compliance
  • Obtaining Medicare & Medicaid Certification

Legislative & Lobbying Experience

  • Drafting Healthcare Legislation
  • Opposing or Supporting Pending Bills
  • Assisting Facilities and Physicians with Administrative Appeals
  • Healthcare Taxation
  • Advising Entities on the Maintenance of their Tax Exempt Status
  • Structuring Joint Venture Participation
  • Creating and Modifying Corporate Structures to Minimize Taxation

Healthcare Antitrust

  • Creating “Messenger Model” IPA’s
  • Advising Clients on Mergers and Consolidations
  • Drafting Contractual Agreements
  • Asserting Immunity

RELATED PRACTICES

Representative Experience

    • The Firm has recently served as the counsel for a series of facility divestitures for national healthcare companies.
    • The Firm also has represented a public healthcare authority in the re-purchase of a large rural acute care hospital from a regional not-for-profit healthcare system.
    • In addition, the Firm counseled a regional for-profit operator of acute care hospitals and senior living facilities in the acquisition of a rural acute care hospital and a number of facilities in several states.
    • The Firm has also been active in the sale of a number of multi-specialty and single specialty ambulatory surgery centers.
    • Members of the Firm have helped structure a number of joint ventures involving ancillary healthcare services from both the physician and the hospital perspectives.
    • The Firm has obtained Certificates of Need and Letters of Non-Reviewability on behalf of healthcare clients in three different states for a variety of facilities.
    • The Firm also has drafted compliance plans for multi-facility health organizations.