Healthcare Law

Knowledgeable Healthcare Lawyers And Litigators

Offit Kurman’s Healthcare Practice Group is the trusted advisor to physicians, hospitals, post-acute care facilities, and other healthcare professionals in all aspects of healthcare law. Our attorneys have a well-established background in preventative measures to mitigate professional liability exposure, prevent or derail medical malpractice suits, and counsel them in litigation matters or federal or state government agency matters. Our attorneys stay abreast of evolving and new healthcare issues, so they are ready to advise clients in timely areas such as telemedicine, transparency in pricing and billing of healthcare services, and vaccine mandates.

We have extensive experience in professional licensure matters, compliance, complaint and event management, operational matters, HIPPA breaches, healthcare document drafting, COVID-19 protocol/policy for a physician’s office, and vendor agreements, among other healthcare-related issues to limit liability exposure at the outset. If a client is sued, these preventative measures can reduce the severity of a payment or can derail the claim entirely. In medical malpractice suits, we have experience representing physicians, their practices, hospitals, and post-acute care facilities as personal counsel, overseeing the quality of representation from insurance company-appointed lawyers. This can help to ensure that not only is the malpractice suit being properly managed for the financial implications but also that the professional being sued is being represented with their best interests in mind.

The healthcare team also represents clients with matters related to the Centers for Medicare and Medicaid Services (CMS), Department of Health and Human Services (HHS), state Departments of Health and other similar government agencies. We support clients in investigations, deficiencies, and actions asserted by government agencies and support the clients in negotiations and appeals.

Offit Kurman attorneys also provide healthcare legal support to the firm’s other practice areas and clients when healthcare issues arise. The team works closely with our complimentary practices including Business Law & Transactions, Nonprofit Entities, Intellectual Property, Labor & Employment and Mergers & Acquisitions, to provide healthcare clients will full-service support and counsel.

Administrative Law

Offit Kurman defends licensed healthcare providers before state medical licensing entities, including the board of medicine and department of health, as well as in federal matters, including OIG, CMS, FDA and HHS investigations and actions.

Cannabis Law

Offit Kurman has formed one of the first full-service, multidisciplinary cannabis law practices on the East Coast. Our cannabis attorneys provide tailored legal guidance regarding the specific needs of operators and transactions involving cannabis programs.

Compliance

Offit Kurman’s healthcare attorneys are well-versed in the regulatory space, providing advice on STARK laws, Anti-Kickback, HIPAA, and other regulatory matters.

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Healthcare Legal Advice

The firm’s healthcare attorneys are available on an as-needed basis to answer your general healthcare legal questions as they arise.

Intellectual Property

Offit Kurman’s intellectual property attorneys work closely with clients to develop, register, enforce and transfer healthcare-related intellectual property. Clients in the healthcare industry benefit from counsel regarding the protection of intellectual property assets and support in the drafting of relevant intellectual property agreements for medical devices, software, and other inventions.

Medical Professional Liability and Risk Mitigation

Receive confidential analysis and advice on reducing medical professional liability exposure before ever being sued. When unexpected events occur in the operation of your practice and/or patient care, our attorneys provide counsel on managing the event and reducing liability risk in real-time.

Medical Staff

Our healthcare attorneys advise on medical staff issues including peer review, employment agreements and by-laws.

Business Transactions

Whether forming or acquiring a new healthcare business entity or engaging in a joint venture or merger, our experienced business transaction and healthcare attorneys work as a team to address client needs.

Payor Contract Reimbursement Negotiations and Disputes

Our healthcare team includes insurance industry experts who are available to provide support in payor contract reimbursement analysis, improvement, negotiations, and disputes as well as value-based contracting.

Vendor Contracting

We support medical facilities in vendor contracting, legal counsel, negotiations, research and drafting services such as service agreements, MOUs, non-disclosure agreements, affiliation agreements and purchase agreements.

Healthcare Employment Law

Our healthcare and employment lawyers jointly provide legal services to physicians, hospitals, and others, including provider employment agreements as well as employer needs such as employee handbooks and policies and procedures, with a focus on the nuances involved in the healthcare industry and its regulations and laws.

Healthcare & Immigration

Our healthcare and immigration lawyers work together to provide comprehensive immigration legal services to all healthcare professionals, including nurses, physical therapists, physicians, dentists, nursing homes, and hospitals, including J-1 waivers for those who have completed their stay under a J-1; H1B visas for those desiring to remain in the U.S. after the J-1 waiver; and foreign graduate green cards and/or H1B visas.

How We Do It

Offit Kurman’s healthcare practice group is comprised of skilled lawyers with diverse experiences and a range of practice in the industry that enable them to provide comprehensive legal services to our healthcare clients. Our team stays up to date on the latest trends in the industry through research, writing, presentations, continuous education and participation in relevant industry groups.

Our lawyers routinely represent healthcare clients in administrative processes, transactional matters and litigation, including:

Representation before state medical boards
Drafting organizational documents
Medical practice formation
Transfer of ownership
Organization licensure
Medicare and Medicaid audits
Operational advice

We represent healthcare clients at all levels of the spectrum – - with the breadth and depth needed to provide effective and responsible legal services.