Health Care Regulation and Services

We take an integrated approach to representing health care entities, including hospitals, physician groups, long-term care facilities, and managed care organizations.

Our areas of experience include:

Corporate Matters

• Corporate governance issues
• Mergers, acquisitions, and affiliations
• Joint ventures involving clinical and nonclinical services
• Corporate bylaws, compliance policies, and other corporate policies
• Corporate organizational issues, including restructurings

Contracts

• Third-party payor and managed care contracts
• Physician and other professional recruitment and employment contracts
• Health care services contracts with independent contractors and third-parties furnishing services
• Executive and other employment contracts

Labor and Employment Matters

• Restrictive covenants and non-disclosure agreements
• EEOC and DOL investigations and mediations
• FMLA, ADA and FLSA compliance
• Handbooks and policies
• Preventative HR counseling that prioritizes early legal analysis and recommendations to maximize cost-effective solutions
• Exclusive member firm of the Employment Law Alliance (ELA), a global network of top employment firms that enables us to provide immediate advice on state-specific or international legal matters

Medical Staff Regulatory Matters

• Drafting, review, and advice on development and revision of hospital medical staff bylaws, rules, and regulations
• Medical staff peer review matters, including investigations, hearings, and actions
• Credentialing policies and issues that arise during credentialing

Regulatory Matters

• Medicare, Medicaid, and AHCCCS reimbursement issues
• Preventive counseling and advice on development of compliance programs related to federal and state fraud and abuse, compliance with federal and state anti-kickback and self referral laws, HIPAA, EMTALA, and other laws regulating hospitals and health care entities
• Antitrust advice and litigation

Litigation

• Health care antitrust matters
• Defense of hospital and physician group tax exemptions, and intermediate sanctions
• Defense of medical staff peer review decisions in cases involving antitrust, civil rights, and discrimination allegations
• Physician contract litigation
• Litigation to protect the confidentiality of medical records

Tax Matters

• Organization of tax exempt entities and procuring recognition of tax exempt status
• Advice concerning transactions raising issues related to tax exempt status

Health Care Facilities Financing

• Structure tax-exempt bond financing of projects
• Prepare basic bond documentation
• Assist in securing approval for bond issuance and sale
• Negotiate business terms of financing
• Render legal opinions regarding the exemption of interest on the bonds

Managed Care Entities

• Provider contracts
• Formation and organization of integrated delivery systems
• Advice on development of credentialing policies and procedures
• Policies concerning utilization management and medical records

Other Health Care and Hospital Legal Issues

• Medical ethical issues
• Patient care policies
• Accreditation and compliance with The Joint Commission, Healthcare Facilities Accreditation Program (HFAP), and Det Norske Veritas Healthcare, Inc. (DNV).