Health care

PREVIEW

Commercial and corporate transactions

We provide corporate, tax, regulatory and transactional advice on a wide range of business-related matters, including mergers and acquisitions, joint ventures and strategic alliances, debt and equity financings, licensing and outsourcing , intellectual property protection, cybersecurity and data privacy, corporate structure and governance issues and general contractual issues. We partner with our clients to provide strategic solutions to the complex legal and business issues they face, while helping them resolve their business objections.

Our work encompasses acquisition issues, third-party contracts and general contractual needs, including:

• merger and acquisition agreements
• joint venture and strategic alliance agreements
• shareholders’ agreements
• employment contract
• non-competition agreements
• clinical trial agreements
• confidentiality agreements
• independent contractor agreements
• practice management and billing agreements
• technology licensing and outsourcing agreements
• affiliate agreements

Health insurance and ERISA

The healthcare industry has been experiencing tremendous upheaval for several years. With the passage of the Affordable Care Act and its uncertain future, the healthcare system had been under extreme pressure to change, with a ripple effect imposing an incalculable strain on health insurers, plan administrators, employers and providers. Our group has the experience to help clients navigate this healthcare minefield.

Recent changes in the law, along with state and federal court rulings, are changing the way health care is delivered and paid for, exposing payers to liability, while eroding existing protections. We have extensive experience representing and advising health insurers in setting up new healthcare networks, out-of-coverage litigation, antitrust claims, Medicare and Medicaid fraud and abuse, and compliance under ERISA and other federal regulations.

We have extensive experience representing and advising in various areas of health law, including:

• Establishment of new health networks
• Out-of-network coverage disputes
• Health network contractual disputes
• Supplier litigation
• Right to benefits
• Compliance issues under ERISA, PPACA, fraud and abuse laws and relevant regulations
• Healthcare Antitrust Claims
• Fraud
• Medicare and Medicaid fraud and abuse
• RICO
• HIPAA analysis and implementation
• Coverage issues
• Advising third-party administrators
• bad faith
• Breach of fiduciary duty
• Plan interpretation

Work and employment

We advise our clients in their role as employers, dealing with all regulatory and common law issues that arise in the workplace, including leave policies, the design and implementation of progressive discipline policies and litigation prevention. We regularly advise on bylaws and related corporate documents for healthcare facilities and have drafted guidelines, rules and regulations, bylaws and similar hospital policies for medical staff. Our extensive experience in representing hospitals, as well as physicians and allied health professionals, gives us unique experience in terms of institutional matters, including hospital/medical staff relations, physician group structure, personnel coverage and insurance and risk management issues.

Litigation and Dispute Resolution

The healthcare group has a well-earned reputation for handling high-risk, high-stakes cases, including litigation ranging from the effects of tiered and narrow health plans, to out-of-network coverage litigation, claims for fraud and abuse, HIPAA and privacy issues. , professional liability and medical malpractice claims and medical product liability. We have experience handling ERISA claims litigation, healthcare coverage litigation and health plan administration, as well as assisting clients in responding to health audits. compliance in civil and criminal investigations. We also provide general representation and advice in various areas of health law, including administrative and legal proceedings involving licensing issues, personnel privileges and titles, exclusive service contracts , payment disputes and potential antitrust implications.

Whether a case involves a single plaintiff or a myriad of multi-district parties, we have the strategic focus and attention to detail required for successful outcomes. We use a team approach to defend our clients in these complex cases, maximizing experience and strengths to provide thorough and cost-effective defense. The group includes a number of lawyers who have themselves worked as medical professionals, which provides an enhanced knowledge base for representing our clients. Additionally, our appellate attorneys are involved at every stage of the litigation process to provide assistance in developing litigation strategy, drafting irrevocable motions, monitoring trials, and crafting post-trial motions. trial.

Long Term Care, Managed Care and Assisted Living

We provide advice and representation to home health agencies and have considerable experience representing personal and continuing care communities, as well as traditional nursing homes. We work with the departments of insurance, aging and health and other regulatory agencies with jurisdiction over the development and operation of facilities. We assist in the development and implementation of clinical programs, regulatory compliance (state, federal, JCAHO) and risk management, and generally assist skilled nursing facilities, assisted living communities , home care businesses, working adult communities and independent living communities to manage their business, regulatory, employment and litigation needs. Our lawyers pride themselves on providing creative, aggressive, yet practical and cost effective defense of personal injury litigation.

Regulation and compliance

We ensure that our customers comply with all federal and multi-state health care laws and regulations, including Medicare/Medicaid, HIPAA, CURES Act, Stark Act, Anti-Kickback Act and false claims, among others. We also represent clients in investigations, audits, and litigation or disputes arising from regulatory and compliance issues.

Additionally, we prepare and present emergency medical motions for court approval, provide advice to hospital administration and staff regarding HIPAA/CURES compliance, DNR orders, drug testing AIDS, guardianship and similar legal and medical matters.