Services

We advise health care executives, physicians, other health care providers and in-house counsel on legal and business issues facing health care providers.

 

We bring grounded, practical legal advice to help our clients meet their business and compliance needs.

Healthcare Corporate, Commercial and Transactional

 

  • Mergers, acquisitions, joint ventures and divestitures
  • Facilitation of strategic and clinical alliances (“deal counsel”)
  • Clinical service agreements
  • Entity formation, structuring and re-structuring
  • Professional Service Agreements (PSAs) and other professional service contracting
  • Imaging and other ancillary service arrangements
  • Corporate bylaws, organizational documents and amendments
  • Corporate governance
  • Physician employment agreements and other contracts
  • General commercial contracting in the healthcare industry
  • Hospital-clinic relationships, including physician recruitment

 

Medical Staff, Credentialing and Licensing

 

  • Peer review/credentialing disputes
  • Medical staff bylaws
  • Medical staff investigations
  • Hearing officer services
  • Health care provider licensing board issues

Regulatory Compliance

 

 

  • Compliance counseling, including internal compliance investigations
  • Law-enforcement and government audits and/or investigations
  • Remediation of regulatory violations
  • Joint Commission accreditation
  • Medicare Conditions of Participation
  • HIPAA
  • Hospital nonprofit tax exemption issues
  • Form 990 compliance
  • Reimbursement and billing
  • Corporate practice of medicine
  • Health facility licensure

General Health Law

 

 

  • Medical records/patient information privacy and release issues
  • Clinical-care crises
  • End-of-life decision-making
  • Treatment of minors
  • Behavioral health questions
  • Physician recruitment and professional contracting
  • Professional employment law advice
  • Root cause analysis
  • Litigation management

Healthcare Corporate and Transactional

 

  • Helped a large multi-specialty group achieve closer integration with its community hospital through the development of a Professional Services Agreement (PSA)
  • Assisted in-house counsel for an academic medical center with the acquisition of its separately-incorporated faculty practice plan
  • Facilitated discussions leading to multiple community alliances between small community hospitals and a larger health system
  • Negotiated and closed affiliations between regional health care systems and critical access hospitals
  • Assisted in-house counsel of a Minnesota provider with the acquisition of an out-of-state complementary service provider
  • Represented specialty practice in restructuring the practice and selling two separate divisions to different integrated health systems
  • Assisted entrepreneurial health information company in forming a cooperative structure to analyze and share physician outcomes data
  • Helped restructure a divisional-model clinic into freestanding component parts following shareholder dispute
  • Represented a post-acute care provider in an innovative joint venture that brought post-acute skilled nursing services to a hospital campus
  • Assisted the board of directors of state health insurance exchange in developing and adopting governance policies for the organization
  • Advised multispecialty clinic in resolving an adversarial relationship with local hospital CEO and Board
  • Analyzed and negotiated changes to Accountable Care Organization (“ACO”) network agreement between our client hospital and a large ACO

Medical Staff, Credentialing and Licensing 

 

  • Represented providers in multiple peer review proceedings, maintaining professional options without triggering National Practitioner Data Bank reporting
  • Successfully defended peer review “fair hearing”
  • Advised medical staff leadership of a critical access hospital in legal disputes relating to medical staff governance, bylaws and peer review matters
  • Represented several different types of providers in state licensing matters
  • Achieved dismissal of licensing investigations at both the preliminary and hearing stages
  • Assisted medical staff leadership in revising medical staff bylaws to comply with new Joint Commission standards

Regulatory Compliance

 

 

  • Assisted multispecialty clinic in addressing and remediating a HIPAA breach
  • Investigated potential Stark Law violation, then prepared and filed a Stark Self-Referral Disclosure Protocol submission
  • Assisted critical access hospital in resolving an EMTALA violation
  • Conducted internal investigation into billing irregularities alleged by potential whistle-blower, and advised board of directors on resolution
  • Analyzed and advised on multiple Medicare billing questions, relating to such diverse issues as bundled laboratory tests, application of the anti-markup rule to globally billed imaging tests, and ITDF requirements

General Health Law

 

 

  • Advised multiple residents and experienced physicians entering into physician employment agreements
  • Managed root cause analysis processes responding to critical events at state-owned mental health treatment center
  • Developed chain-of-custody policy for critical access hospital dealing with legal specimens
  • Examined multiple scope of practice issues under state licensing laws
  • Analyzed corporate practice of medicine issues for physician participating in a retail clinic model