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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).


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