Health Care

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)

Our Health Care Highlights Blog covers the quagmire of risks as well as the endless opportunities for health care or life sciences organizations. Our attorneys explore what’s at stake involving case law, business trends, regulatory and legislative changes, and other factors that impact these areas. Our analyses provide advice on navigating the complexities of this ever-changing field.

Each post includes practical tips for identifying, quantifying, or mitigating potential risks along with tactics for protecting the interests of relevant organizations in the pursuit of the aim to lower costs, improve quality, and expand access to the field, all while avoiding running afoul of legal and regulatory requirements.