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Health Care

HBS represents health care professionals, companies and insurers to protect their rights and help their businesses thrive.



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.

VIEW OUR Health Care Litigation TEAM

Regulatory and Compliance

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)
VIEW OUR Health Care Regulatory TEAM


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)
VIEW OUR Health Care Transactions TEAM
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No Surprises Act Final Rules Issued Related to Federal IDR Process

Written by: S. David McLean, Jr. On August 26, 2022, the long-awaited Requirements Related to Surprise Billing: Final Rules (the “Final Rules”) were published in the Federal Register (87 Fed. Reg. 52618). The No Surprises Act Final Rules are purposefully narrow in scope, finalizing parts of the July 2021 and October 2021 interim final rules
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Biden-Harris Administration’s Plans to Crack Down on Nursing Homes Indicate Upcoming Uptick in Survey Activity

Written by: Brittany H. Cone, Esq., Jordan Johnson, Esq., and Baylee A. Culverhouse, Esq. On March 1, 2022, President Joe Biden delivered his first State of the Union address—announcing plans “to set higher standards for nursing homes” and to “crack down on the ‘Wall Street firms’” allegedly taking over nursing homes.[1] As part of its
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Texas Court Vacates Provisions of the No Surprises Act Interim Final Rule

Written by: S. David McLean, Jr., Esq., Brittany H. Cone, Esq., Jordan Johnson, Esq., and Baylee A. Culverhouse, Esq. On February 23, 2022, United States District Judge Jeremy D. Kernodle of the United States District Court for the Eastern District of Texas, Tyler Division, entered his Memorandum Opinion and Order in Texas Medical Association and Adam
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In the Press

Daily Report: Jake Evans on Upcoming Georgia Cannabinoid Legislation & House Bill 324

In a Daily Report article published March 17, 2023, Alpharetta Partner Jake Evans discusses upcoming Georgia cannabinoid legislation and the potential consequences concerning the state legislature’s decisions. “It’s a legal quagmire, a big mess,” Jake stated in regards to the multiple lawsuits and appeals he’s filed for cannabis companies protesting their application denials in the
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McKnight’s Long Term Care News: On PREP Act, Still Too Early to Tell Whether Providers Will be Immune

New York City Partner Drew Graham, Aging Services Practice Area founder at Hall Booth Smith, and Tara Clayton, Senior Vice President at risk management firm Marsh McLennan, recently joined McKnight’s Long Term Care News senior editor Kimberly Marselas to discuss the Public Readiness and Emergency Preparedness (PREP) Act and COVID-19 lawsuits. Graham says it is
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Journal of Healthcare Risk Management: David Badie on the Importance of Healthcare Documentation

Good documentation is the foundation for successful medical malpractice defense, but there are many ways that documentation can fall short. David Badie, New Jersey-based partner at Hall Booth Smith, discussed with the Journal of Healthcare Risk Management the importance of healthcare documentation and that clinicians should be self-motivated to document well. I always tell providers
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Journal of Healthcare Risk Management: Richard Sheinis on Proper Disposal of Protected Health Information (PHI)

The Office of Civil Rights recently announced a settlement with a Massachusetts dermatology clinic regarding the improper disposal of protected health information (PHI) after staff at the clinic placed empty specimen containers with PHI labels in a garbage bin in their parking lot. Richard Sheinis, partner and head of the Data Privacy & Cyber Security
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