Healthcare

Healthcare Corporate & Commercial

• Representing physicians, dentists, podiatrists, and other clinical professionals in a wide range of commercial arrangements, including mergers/acquisitions, practice “roll-ups” (including sales to private equity firms), affiliations, recruitment arrangements, and other types of clinical integration transactions in numerous medical and surgical specialties.
• Advising digital health entrepreneurs on fundamental regulatory and business structural issues.
• Advising early-stage physician practice management companies in the development and implementation of practice acquisition strategies and related matters for the new services entity, including all related transaction documents (i.e., asset purchase agreements, physician employment agreements, management services agreements, etc.)
• Assisting a large continuing care retirement community chain with unique regulatory requirements across multiple states.
• Drafting and negotiating complex commercial contracts among healthcare providers and pharmaceutical and medical device manufacturers.
• Drafting and negotiating a wide range of healthcare-related contracts, including physician employment agreements, buy/sell agreements, operating agreements, vendor contracts, managed care agreements, and joint venture agreements.
• Successfully negotiated high-value contracts between healthcare providers, insurers, and suppliers, ensuring compliance with all regulatory requirements.

Healthcare Data Privacy & Security

• Providing advice and counseling to hospitals, physicians, and other providers regarding the interpretation of the HIPAA and HITECH regulations.
• Coordinating data breach responses, including those involving protected health information subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and personally identifiable information subject to state breach law.
• Representing medical practices in handling ransomware attacks, including engaging forensic experts and analyzing HIPAA and state breach law obligations.

Healthcare Litigation & Enforcement

• Representing healthcare providers in payor audits, including Medicare MAC and HCPIC audit appeals through the Administrative Law Judge level.
• Advising healthcare organizations on regulatory compliance matters, including Medicare and Medicaid reimbursement issues, fraud and abuse laws, and patient privacy regulations.
• Conducted numerous compliance audits and internal investigations to identify and mitigate legal risks with respect to “core” healthcare laws and regulations, including Anti-Kickback, Stark, HIPAA and the Sunshine Act.
• Representing healthcare providers in connection with voluntary disclosures in connection with the U.S. Department of Health and Human Services – OIG Voluntary Self-Disclosure Protocol and the CMS Physician Self-Referral Law Voluntary Disclosure Protocol.