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Health Care
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Providing quality legal services to health care companies regarding business and regulatory matters.

At HBS, we provide excellent client service through trusted advice and composed problem-solving. Our Health Care Practice Group partners with in-house counsel, health care leadership teams, insurers, and other parties to develop strategies that align with business objectives and cost-effectively resolve disputes to drive business results. We believe in proactive risk management and risk mitigation strategies to help achieve our clients’ goals.

Federal and state regulation of health care providers, suppliers, and other industry participants has become increasingly complex. On top of this, enforcement tactics of government agencies can be both confusing and intimidating. The HBS Health Care Practice Group has experience providing representation to the following providers across the country:

  • Academic Medical Centers
  • Hospitals and Health Systems
  • Long-Term Care Owners and Operators
  • Post-Acute Care Providers
  • Physicians and Physician Practices
  • Senior Living Owners and Operators
  • Allied Providers

We represent clients in many areas of law that affect health care providers and other kinds of companies in the industry, including:

  • Antitrust
  • Business/Strategic Planning
  • Certificate of Need
  • Compliance programs (including development, revision and training)
  • Entity Formation
  • Internal investigations
  • Managed care strategies and contracts
  • Medical staff credentialing and corrective action
  • Medicare and Medicaid fraud and abuse
  • Medicare and Medicaid certification
  • Mergers and acquisitions, affiliations, and joint ventures
  • Hospital integration strategies
  • Patient care, informed consent, and medical records issues
  • Patient Safety Organizations (PSO)
  • Rules and regulations under HIPAA (including privacy, transactions, and security)
  • Provider licensure, certification, and accreditation (including disciplinary actions)
  • Reimbursement issues
  • Tax-exempt status (application and compliance)

Health Care Litigation

At HBS, our team partners with in-house counsel, health care leadership teams, insurers and other parties to develop strategies that align with business objectives and cost-effectively resolve disputes.

The HBS Health Care Litigation Group vigorously represents clients in a wide range of lawsuits, disputes and investigations, including:

  • Medical malpractice defense
  • Federal False Claims Act defense
  • Administrative and Judicial Proceedings
  • Medical Staff Membership and Clinical Privileges Disputes
  • Arbitration and Mediation
  • Business Disputes
  • Provider and payor disputes
  • Reimbursement appeals
  • Employment Discrimination (EEO)/ Wrongful Discharge

We also conduct internal reviews and investigations for our clients to uncover facts and preserve important evidence, and we assess risk and economic exposure at the outset of a lawsuit as well as during the progression of the case to help quantify, qualify and mitigate such risks.

Health Care Regulatory and Compliance

At HBS, our team works tirelessly to help clients confidently navigate the complexities and fast-changing regulations, rules and mandates across federal, state and local levels. We counsel clients on legislative strategy and interpretation of changes, and we advise them on how to properly implement and comply with requirements. We proactively monitor proposed or anticipated legislative initiatives that may impact our clients so they can make their voices heard and protect their interests.

The HBS Health Care Regulatory Group regularly represents clients in a wide range of regulatory and compliance matters including:

  • Certificate of Need
  • Compliance programs (including development, revision and training)
  • HIPAA, Privacy, Security and Data Breach response
  • Fraud and Abuse including False Claims Act, Stark Law and Anti-Kickback Statute
  • Self-Disclosure Protocol
  • Internal Investigations
  • Medicare, Medicaid and other payors related to fraud and abuse and reimbursement
  • Federal Trade Commission investigations
  • Clinical Trials Compliance and Contracting
  • Graduate Medical Education program compliance
  • Provider licensure, certification, and accreditation (including disciplinary actions)

Health Care Corporate/Transactions

At HBS, our team partners with our clients to achieve their strategic and business goals through representation in a comprehensive set of corporate and transactional matters with significant experience in addressing the unique challenges that such matters present in the health care industry.

Our Health Care Corporate/Transactions Group regularly represents clients in a wide range of corporate and transactional matters including:

  • Entity Formation and Initial Corporate Structures
  • Corporate Reorganizations
  • Mergers and Acquisitions, including both asset and equity acquisitions
  • Joint Ventures
  • Clinical Co-Management Agreements
  • Provider Networks
  • Clinical Integrations
  • Accountable Care Organizations (ACO)
  • Managed Care Contracts
  • Value Based Contracting
  • Electronic Health Record Implementation
  • Telehealth and Telemedicine
  • Financing, Loan, and Other Credit Facility Agreements
  • Supplier/Vendor Contracts (Service Provider and Recipient)
  • Real Estate Transactions
  • Commercial Leases (both Landlord and Tenant)
Related Industries

Health Care

Already among the most regulated industries, and now grappling with the uncertainty regarding the impact of the Patient Protection and Affordable Care Act and other reforms, the health care industry and those doing business with the sector rely on HBS to advise on and effectively resolve their business, legal, and regulatory challenges. We advise on all aspects of our clients’ healthcare related businesses from structuring, employment issues, office management, corporate governance and transactional matters to malpractice issues, patient privacy, records retention and data protection.


Insurance

From appraisals, coverage, claims and adjusting issues to drafting and review of insurance policy, regulatory compliance advice and dispute resolution, HBS assists insurance industry clients with resolving the many challenges they face.

In addition to managing risk and defending liability claims, we regularly advise clients on the full range of insurance products, services, and coverages, including general liability, automotive, life, property and casualty, director and officers’ liability, professional malpractice, errors & omissions coverage, business interruption and environmental, cyber-risk and other specialty coverages and exclusions.

Our lawyers represent clients in courts of all levels throughout the United States, litigating class actions, multiparty and multi-district cases as well as individual lawsuits involving virtually every type of claim, coverage, fraud and bad faith action. We handle regulatory investigations and enforcement actions and are experienced with all forms of alternative dispute resolution. Active insurance coverage attorneys in the international insurance markets, we also help domestic clients gain access to the overseas market and assist foreign insurers in managing their domestic litigation.

As industry leaders, HBS Insurance Coverage lawyers have been recognized as Super Lawyers and Rising Stars in the field of insurance. Team members regularly write and lecture on insurance and property ISU issues, and are active members in insurance industry groups. As a value-added, we offer clients employee training to help their staff understand the laws and regulatory requirements impacting their industry and strategies to minimize risk exposure.


Government & Municipalities

With a team of former and current government leaders , and those actively involved in various areas of government, HBS offers comprehensive representation and advice to those in government, including states, counties, cities, non-profits and other related industries.

Our team members are regarded as among the most influential leaders in the state of Georgia and are repeatedly recognized for their work on behalf of clients in the government arena. Regularly interacting with legislative leaders concerning client needs, we maintain close working relationships with elected officials, appointed officials, and agency staff, enhancing our ability to provide expertise and counsel. Leveraging our connections, regulatory know-how and legal experience, we work with local, county and state government officials to craft good policy and address our clients’ legislative, regulatory and legal concerns.

HBS attorneys assist clients with the full range of local, county and state government affairs, regulatory matters, lobbying efforts, and political and campaign finance issues. Understanding the regulatory framework which affects our clients’ business operations, we are particularly adept at helping related regulated industries such as utilities, energy and trade associations, telecommunication companies, health care, insurance, local governments, and nonprofit organizations with compliance matters.