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http://unityofcolorado.org/event/jamthecreek/ We advise health care executives, physicians, other health care providers and in-house counsel on legal and business issues facing health care providers.

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  • 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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