Health Law



We provide comprehensive representation to all types of institutional health care providers, including but not limited to hospitals, health systems, nursing homes, assisted living facilities, ambulatory surgery centers, diagnostic testing facilities and other ancillary providers. Our services include assistance with:

General Corporate Services

  • Provider and managed care contracts and exclusive contracts 
  • Corporate governance and conflict of interest policies 
  • Real estate transactions, including leases, sales, purchases and investments 
  • Licensing arrangements, lease arrangements and agreements of sale between exempt and for-profit organizations 
  • Financing for capital projects, including tax-exempt bond financing 
  • Obtaining loans from banking institutions 
  • Financial reorganizations and workouts

Mergers, Acquisitions and Joint Ventures Services

  • Organization and governance structure in joint ventures and other alliances
  • Affiliation structure, legal due diligence and various state and federal approval processes
  • Strategic alliances including mergers, acquisitions, reorganizations, joint ventures and other health care affiliations involving for-profit and nonprofit entities
  • Physician-alignment strategies, including joint venture, co-management, employment and other contractual arrangements
  • Physician joint ventures, including ambulatory surgery centers, diagnostic testing facilities, cancer centers and dialysis centers
  • Antitrust issues, such as joint ventures between insurers and providers, hospital/medical staff relations, mergers and exclusivity agreements

Legislation and Policy Advocacy Services

  • New and pending legislation such as the Patient Protection and Affordable Care Act (PPACA) and the formation of accountable care organizations under PPACA
  • Health care regulations and legislation that have become law
  • Informally working with regulators and legislators to resolve client issues
  • Impact of federal and state regulations, including fraud and abuse and reimbursement

Regulatory Counsel and Services

  • Compliance with federal and state fraud and abuse, false claims, anti-kickback and self-referral laws, including the federal Stark Law
  • Managed care contracting and the formation and operation of integrated delivery systems such as preferred provider organizations (PPOs), health maintenance organizations (HMOs), management service organizations (MSOs) and physician-hospital organizations (PHOs)
  • Medicare, Medicaid and third-party payer contracting, compliance and reimbursement matters at the state and federal level
  • Regulatory investigations, audits and inquiries, including department of health investigations, reimbursement disputes with Medicare and Medicaid, billing audits, fraud and abuse, violations of the anti-kickback and self-referral statutes and other compliance investigations
  • Representation before various administrative bodies, including the Provider Reimbursement Review Board, Department of Health and Human Services, Medicare Fraud Units and other federal and state administrative agencies
  • Compliance issues related to the collection, maintenance, use and disclosure of health information, including Health Insurance Portability and Accountability Act (HIPAA) privacy and security requirements and changes to such laws resulting from the enactment of the Health Information Technology for Economic and Clinical (HITECH) Act
  • Patients’ rights and ethics issues
  • Licensure, certificate of need, survey and certification requirements
  • Assistance to skilled nursing facilities and other post-acute providers in appealing adverse survey determinations and implementing regulatory compliance programs to minimize the effect of federal and state regulatory oversight programs and elder abuse litigation
  • Serving on providers' ethics and corporate compliance committees and Institutional Review Boards

Medical Staff Issues Services

  • Medical staff matters, including medical staff bylaws, credentialing, disciplinary hearings and other peer review processes
  • Advice to leadership, departments and committees on areas of concern including credentialing, appointments and reappointments; issues of autonomy between medical staffs and administration; queries to third parties; regulatory compliance including Joint Commission; and formulating strategies including call responsibilities

Labor and Employment Services

  • Employment-related issues, such as employee misconduct, impaired employees, physician/executive compensation and benefits and employee grievances (including discrimination claims)
  • Hospital-physician matters, including physician staffing, recruitment and retention, physician disputes and disciplinary actions
  • Collective bargaining agreements
  • Immigration matters, including recruiting and employing foreign-born professional staff, immigration policies and protocols and visa matters of foreign-born professional staff

Litigation and White-Collar Criminal Defense Services

  • Handle a wide variety of litigation (and threatened litigation), including antitrust actions, contract and reimbursement disputes, medical malpractice claims and legal actions related to patient care, including guardianships, release of medical records in the course of litigation and treatment over objection
  • Represent long-term care facilities in all types of litigation, including general liability, corporate liability, professional malpractice and state and local investigations regarding abuse
  • Litigation defense related to state and federal fraud and abuse laws such as the False Claims Act and related qui tam whistle-blower suits
  • Establishment of compliance programs and conducting internal investigations to assess regulatory compliance