Healthcare Corporate & Commercial
The team of healthcare attorneys have extensive experience with the regulatory, corporate, financial, and operational aspects of buy/sell and other commercial transactions in the healthcare industry. Our attorneys counsels clients in addressing the complex legal and regulatory issues that govern business conduct in this sector. Drawing on deep industry knowledge, we regularly advise buyers, sellers, and lenders on how to navigate regulatory requirements, minimize risk, and maximize enterprise value. Our attorneys’ experience working with key oversight agencies—including the U.S. Department of Health and Human Services Office of Inspector General, the Centers for Medicare & Medicaid Services, and corresponding state agencies—is integral to this area of practice.
Healthcare Data Privacy & Security
Offit Kurman represents healthcare providers in proceedings related to the enforcement of HIPAA Privacy and Security Rules by the U.S. Department of Health and Human Services Office for Civil Rights (OCR). The team of attorneys defends clients in complaints filed with OCR and works to collect and review information to assess compliance by covered entities. The team also negotiates and implements voluntary compliance programs, corrective action plans, and resolution agreements. In addition, our attorneys have experience navigating the civil monetary penalties (CMP) tiered structure. Notably, civil penalties (excluding cases of willful neglect) cannot be imposed if a violation is corrected within 30 days, subject to possible extension by HHS. Prompt response to potential HIPAA violations is therefore critical. The firm has secured “no action” letters—indicating no civil penalties assessed—in numerous cases.
Healthcare Litigation & Enforcement
Offit Kurman represents a broad range of healthcare providers in investigations and enforcement actions under the Federal Anti-Kickback Statute, the Stark Law, the False Claims Act, and comparable state laws. During a government investigation, the distinction between a billing error, a civil enforcement action, or a criminal prosecution often depends on experienced legal counsel. The team has substantial experience in these matters and provides proactive guidance to help clients avoid regulatory pitfalls. When issues do arise, the firm’s insight into government enforcement strategies allows it to protect clients from overreach, manage risk, and resolve investigations efficiently and cost-effectively.
