Services

• 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

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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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