Health Care Law2018-12-06T16:30:26-05:00

Health Care Law

We provide a wide range of legal services to health care providers and other clients involved in the health care industry. Our key strength is our ability to combine broad experience in the health care field and expertise in health care regulation with our special skills in serving the business needs of our clients.

Our strengths and experience are reflected in our client base. It includes virtually every type of health care provider, from individual practitioners to large, multi-institutional health care systems. We represent individual providers and group practices, ambulatory care facilities, clinics, home health agencies, community health centers, health insurers and hospitals. In addition to these clients, we represent other businesses involved in the health care field, such as companies dealing in health information technology, health care-related software, and manufacturers and distributors of medical products.

Medical and Dental Providers and Other Practitioners

  • Formation of professional corporations, limited liability companies, non-profit corporations, general and limited partnerships, and other entities

  • Development of bylaws, operating agreements, and shareholder agreements

  • Preparation, review, and negotiation of employment, leased employee, and independent contractor agreements

  • Review and negotiation of hospital agreements, including recruitment agreements and service agreements

  • Preparation, review and negotiation of buy-in documents

  • Structuring and negotiation of practice acquisitions and sales

  • Review and negotiation of payor agreements

  • Practice reorganizations and dissolutions

Hospitals, Clinics, and Other Health Facilities

  • Facility development, including ambulatory surgery centers, imaging centers, and other specialized facilities

  • Acquisition and sale of medical and dental practices, nursing homes, hospitals, and other facilities

  • Joint ventures, including physician/hospital joint ventures and joint ventures among hospitals

  • Financing transactions

  • Corporate governance and board oversight and roles and responsibilities

  • Managed care negotiations, including value based reimbursement agreements, such as pay-for-performance and AQC

  • Provider credentialing and contracting

  • Medical staff affairs

  • Patient care matters

Other Health Care Entities

  • License and distribution agreements for Electronic Health Record systems

  • Acquisitions, sales, mergers, and dissolutions of health care enterprises

  • Technology relationships

  • Pharmaceutical company relationships

Regulatory Matters

  • Licensure and accreditation

  • Certificate of Need

  • Anti-kickback and Stark law compliance

  • Tax-exemption and public charity matters

  • HIPAA and other confidentiality issues

Representative Engagements

  • Represented a large multi-specialty medical practice in connection with the sale of the assets of the practice to a hospital. The representation included negotiating the business terms of the acquisition, due diligence, the separation of several of the shareholders from the practice prior to the acquisition, the drafting and negotiating of the purchase and separation documents and leases for the real estate leased by the practice, and closing the acquisition. After closing the acquisition, we also represented several of the physician owned entities in the sale of real estate leased by the practice to the hospital.

  • Represented a dental practice startup in the acquisition of the assets of a dental practice including negotiating the business terms of the acquisition and employment of the selling owner, due diligence and the drafting and negotiating of the purchase documents, employment agreement and commercial lease.

  • Represented a plastic surgery practice in connection with the separation of one of its surgeons from the practice.

  • Negotiated, on behalf of a specialty medical practice, the business terms of its office relocation and drafted the agreements between the new tenant hospital and the landlord.

  • Represented a surgical practice in negotiating a build to suit lease of approximately 17,000 sf of space.

  • Counsel to a large multi-specialty medical practice in its acquisition of a primary care practice from a hospital system.

  • Represented multiple medical practices in negotiation of office leases, including build-outs.

  • Represented a hospital system in its acquisition of a significant primary care practice and associated real estate.

  • Secured 501(c)(3) status for a professional medical society.

  • Represented several physicians and dentists finishing their residencies and fellowships in the review and negotiation of employment agreements.

  • Advised a covered entity that experienced a HIPAA breach affecting more than 500 patients, as well as advising another entity that experienced a HIPAA breach resulting from one employee “snooping” on the medical records of another employee.

  • Serve as general corporate counsel to more than 100 medical and dental practices.

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