Our Healthcare Industry Group represents clients located in all sectors of the healthcare industry, including hospitals, academic medical centers, clinical laboratories and pathology practices, physician practices, pharmacies, imaging centers, medical device and supply manufacturers and distributors, behavioral health providers, long-term care facilities, medical suppliers and individual practitioners. We represent clients on clinical, business, litigation, real estate, reimbursement, regulatory and compliance matters, including those related to fraud, antitrust, tax, scientific and clinical research integrity, healthcare reform and health information privacy and security.
Audit Defense and Reimbursement Litigation
We work with our healthcare provider clients in ensuring that they are paid fully for the services that they render, including defense of government and commercial payor audits, federal and state litigation to prevent cuts in Medicare, Medicaid and TRICARE and litigating underpayments made.
Compliance and White Collar Defense
Our attorneys guide clients through compliance and regulatory issues, particularly in the face of policy reform and consolidation in the healthcare industry. We counsel clients on corporate compliance programs and aggressively defend clients who are the subject of criminal or civil investigations and prosecutions. Our team includes healthcare regulatory specialists, a former U.S. Attorney and several former state and federal prosecutors with years of experience involving healthcare issues. We have the background and experience with complex laws and regulations that govern the industry, including Medicare/Medicaid fraud and abuse, government investigations, qui tam/False Claims Act claims, antitrust, clinical research, scientific integrity, EMTALA, state and federal licensure, internal audits and corporate compliance.
Corporate Structuring and Transactions
For our healthcare industry clients, our business lawyers focus on corporate structuring and transactions, including mergers and acquisitions, joint ventures, mergers and affiliations among tax-exempt entities, private equity and venture capital financings, and public securities offerings. We advise healthcare industry clients on all aspects of corporate transactions, tax issues (including 501(r) requirements and community health needs assessments), antitrust implications, technology licensing and transfer, payer certification, trade secret protection, due diligence and employment issues, structuring compliant arrangements that achieve business objectives as well as corporate governance. We also advise clients regarding certificate of need requirements and represent clients with certificate of need applications and disputes.
Data Security and Privacy
We help clients develop the confidentiality, privilege and data security policies and programs needed to comply with complex and rapidly changing federal and state requirements, including data security and privacy requirements under HIPAA, HITECH, the Privacy Act, peer review laws and facility accreditation rules.
We represent hospitals and healthcare facilities as borrowers and creatively utilize the multitude of tax regulations in tax-exempt bond transactions to benefit them. These tax regulations allow for better debt management. We have represented tax-exempt borrowers in more than 25 states, the District of Columbia and Puerto Rico. Our in-depth knowledge of the IRS regulations allows us to enhance financial and operational flexibility for our institutional provider clients.
Structuring a transaction to identify and segregate the use of bond proceeds, often combined with maximization of the reimbursement component of a bond issue, results in greater future flexibility in the use of financed facilities and the minimization of the time required monitoring compliance with private use requirements. Careful attention is given to charitable trust issues such as financial support and transfers across jurisdictional lines as well as the use of proceeds resulting from the transfer or sale of assets and the implications of mergers or consolidations.
We also serve as counsel to financial institutions which provide liquidity and/or credit enhancement with respect to tax exempt bonds and have served as bond counsel and underwriters counsel in connection with tax exempt healthcare bond offerings throughout the country.
General Counsel Services
Our general legal representation of hospitals and healthcare providers includes outside general counsel services. We advise clients in the healthcare industry with regard to day-to-day operational issues and provide guidance with structuring industry-specific transactions and contractual arrangements, including managed care agreements. We assist with developing policies and procedures and provide counsel on a variety of laws and regulations affecting the industry, including HIPAA, HITECH, Stark and Anti-Kickback laws.
Our attorneys have been advising and assisting healthcare industry clients in addressing the many opportunities and issues presented by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act since the Acts were passed in March 2010.
We provide a full range of intellectual property services to healthcare companies and providers, specifically in the areas of life sciences, biotechnology, and pharmaceutical and medical device development and marketing. We focus on enforcement and procurement of patent rights and prepare patent opinion letters on such critical issues as patent validity, infringement, freedom to operate and design-around issues. We represent hospitals and healthcare facilities with technology transfer, trademark, service mark and copyright protection and registration, licensing and infringement claims, trade secret protection, and property and business branding and rebranding.
Labor and Employment
Our healthcare industry clients turn to us for assistance on a full range of labor and employment matters, including employee discipline and discharge, employee rights and privacy, employee handbooks and policies, wage-hour issues, medical accommodations and leaves and hiring practices. We also routinely represent healthcare industry clients in litigation and administrative proceedings, including employment termination actions, noncompetition agreement lawsuits and defending discrimination litigation and charges before the EEOC and state antidiscrimination agencies.
Licensing and Technology
We help clients negotiate complex software system and services agreements, including electronic medical record (EMR) systems, accounting systems and billing systems. We have assisted with and negotiated complex procurement and distribution arrangements, from both the vendor and customer perspectives, including contracts with group purchasing organizations. We have assisted clients with negotiating sophisticated data sharing arrangements. We also have extensive experience negotiating equipment purchase agreements from major medical equipment providers.
Real Estate and Land Use
We regularly handle real estate and development permitting matters for our healthcare industry client, including real estate and facility development projects, acquisition and disposition transactions, land use and environmental permitting and regulatory due diligence. We have counseled hospitals, medical campuses and research centers, assisted living facilities and other healthcare facilities on all types of real estate land use and governmental entitlements.
Restructuring and Bankruptcy
We represent secured creditors and bondholders in enforcing rights and remedies in connection with defaults in financing instruments, in acquiring healthcare assets through forced sales, foreclosures and bankruptcy proceedings and in dealing with governmental entities in connection with putting in receivers to run facilities in default or operating in a substandard manner. We have experience in dealing with regulatory authorities and governmental healthcare finance agencies as well. We have represented clients in acquisition of healthcare facilities in turnaround situations, including in connection with enforcing rights of bondholders and secured creditors under financing workout situations.