Health Care

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.

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)

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)