Overview

Businesses in the health care industry face complex challenges due to increased state and federal regulation. Health care providers, drug and device manufacturers, and health-related e-businesses need experienced lawyers to assist in the practical interpretation of these laws to maximize opportunities for growth and profitability and to ensure their practices comply with this ever-changing regulatory environment.

Our Health Care group unites transactional and litigation lawyers to provide a wide range of legal services to businesses in the health care industry. The lawyers in this group work with the lawyers from our Life Sciences practice on a wide range of issues, including R&D, clinical trials, FDA and other regulatory matters, product marketing and licensing, contracts and other matters.

Experience
Representative Experience
  • Structuring the sale of a for-profit research laboratory and its foreign subsidiary; this sale involved complex health care regulatory and foreign tax considerations.
  • Assisting a long-term care facility in implementing a strategic plan, including the consolidation of residential care operations, the development of new living facilities, the change in status for federal tax-exempt purposes and the formation of other entities within its system.
  • Assisting a financial institution in obtaining an enforceable security interest in a health care provider's Medicaid account receivables in connection with a large financing.
  • Advising a financial institution about the proper structure for the appointment of a receiver for an insolvent nursing home to comply with licensing and regulatory issues.
  • Negotiating affiliation transactions between physician groups, between a physician group and a hospital, and between a physician group and other health care facilities.
  • Developing Medicare/Medicaid billing compliance plans for health care providers.
  • Assisting health care providers in conducting internal investigations to determine if and how Medicare/Medicaid improprieties have occurred in their organizations.
  • Converting an acute-care hospital to a health care-supporting organization.
  • Negotiating and documenting the affiliation of a local hospital with a larger health care system.
  • Converting a for-profit home health care agency to a not-for-profit entity.
  • Analyzing pricing plans by health care providers to help ensure compliance with the Medicaid spend-down requirements.
  • Restructuring an arrangement among ambulatory surgical centers, device manufacturers and suppliers to comply with Medicare/Medicaid regulations.
  • Advising a retail pharmacy chain about HIPAA restrictions that impact the company's proposed national marketing program with drug manufacturers.
  • Developing a joint venture for the administration of a health care-delivery system.
  • Representing a health maintenance organization (HMO) in the purchase and sale of assets.
  • Developing and implementing a response plan for a medical device manufacturing company needing to address a FDA Form 483 and warning letter.
  • Appealing to an administrative law judge thousands of Medicare reimbursement denials on behalf of a medical diagnostics services provider.
  • Prosecuting an appeal on behalf of a long-term care facility for alleged violations of Medicaid regulations.