Services
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