Risk Management

Balch & Bingham’s Health Law Practice’s representation includes all phases of civil matters before state, federal, and administrative tribunals that relate in any way to the healthcare industry. Our services also include guidance through the alternative dispute resolution process, as well as pre-litigation compliance and risk management counseling.

RANGE OF SERVICES

• General Litigation. We represent providers, payors, and other healthcare entities in litigation relating to health law issues and other general business disputes. Our representation includes cases brought in both state and federal courts, arbitrations, and disputes before various administrative bodies. Balch & Bingham has healthcare-specific class action and multi-district litigation experience.
• Antitrust and Unfair Competition. Our attorneys defend our clients against all types of allegations of antitrust claims in the healthcare industry, including unfair competition, price-fixing, unfair exclusivity of medical review, and denial of preferred provider status.
• Certificates of Need. We regularly represent clients in matters relating to Certificates of Need, including representing entities seeking CONs and entities opposing applications for unnecessary facilities.
• ERISA. We have experience in ERISA litigation involving health plan interpretation, defending appropriate claims denials under health and disability plans, federal preemption of state law claims, and various other types of claims relating to employee benefits. We also represent our clients in state court for those cases which fall outside of ERISA preemption.
• Regulatory. Our Health Law attorneys provide in-depth advice to healthcare providers relating to regulatory concerns such as the Stark Law, Antikickback Laws, the False Claims Act, Civil Monetary Penalties, HIPAA, EMTALA, Medicare Part D, and general healthcare compliance work.
• Labor and Employment. Balch & Bingham advises our healthcare industry clients on general Labor & Employment issues, creating union avoidance programs, FMLA, FLSA, Title VII discrimination, and federal and state constitutional rights matters. We also have experience in negotiating, drafting, and litigating physician and provider employment agreements.
• Medical Malpractice. We defend physicians, nurses, nurse practitioners, hospitals, nursing homes, assisted living facilities, surgery centers, dialysis providers, and a number of other types of health care facilities and providers against claims of malpractice, personal injury, and wrongful death.
• Provider Relations and Administration. Our diversity of experience allows us to provide additional value-added counseling and defense for our facility, practice group, and institutional clients in areas such as internal administrative and peer review processes, credentialing, creation and implementation of medical staff privileges, and hospital bylaws.

REPRESENTATIVE MATTERS

• Defended regional payor in numerous class actions, including claims relating to reimbursement of dentists, reimbursement of physician assistants, calculation of insurance deductibles, determination of routine mammography benefits, reimbursement of CRNAs, and issuance of Medicare supplement insurance.
• Brought federal RICO claims on behalf of insurer against healthcare provider for fraudulent claim submissions.
• Defended various manufacturers and distributors of medical drugs and devices against products liability claims.
• Represented underwriters of various Medicare products, including Medicare Advantage, Medicare Part D, and Medicare Supplement insurance, in fraud, suppression, and breach of contract disputes.
• Defended various MDL class actions, including against provider reimbursement claims.
• Defended the developer of an ambulatory surgery center in a dispute arising out of a construction project.
• Represented both hospitals and providers in disputes relating to recruitment agreements.
• Defended claims of malpractice brought against any type of provider or facility.