Service offerings are highlighted below.
Transactional Services
We assist health care clients with mergers and acquisitions, affiliations, joint ventures, physician integration, and contracts. From formation through sale, our attorneys advise on corporate matters; assist in negotiations; review for corporate, regulatory, and compliance; and, document transactions.
Key matters
- Draft and negotiate physician employment and medical director contracts, exclusive contracts for hospital-based services such as anesthesia and radiology, vendor and consulting contracts, pharmacy agreements, and professional services agreements
- Integrate physicians into new and existing provider groups
- Bond and corporate counsel for health care financings
- Facilitate purchase and sale of hospitals, ambulatory surgery centers, and physician practices
Compliance
We advise providers on effective health care compliance programs that respond to guidelines promulgated by governmental agencies. These programs provide safeguards that ensure applicable federal and state regulations are met, improve the quality of patient care, create a centralized location for important information, demonstrate a commitment to legal and ethical conduct, establish procedures for reporting and investigating improper conduct, and reduce exposure to legal sanctions. We also handle Medicare and Medicaid reimbursement disputes with federal and state agencies, and address compliance issues relating to EMTALA, HIPAA, Stark, and Anti-Kickback Laws. Two of our attorneys are certified by the Health Care Compliance Association.
Project Development
We help clients sell and purchase real estate, negotiate and draft architect and construction contracts, negotiate leases from both the landlord and tenant perspectives, review and resolve environmental matters, and evaluate and resolve permitting and zoning issues.
Corporate Governance
We assist clients with a wide range of corporate governance issues, focusing on the Board of Directors. Our work includes representing various standing and special committees. Additionally, firm members sit on the boards of directors of several not-profit organizations, including hospitals.
HIPAA/Patient Privacy/HITECH Act
We coordinate subpoena compliance policies for various health care providers regarding HIPAA and other health care privacy compliance issues, responding to non-party subpoenas, direct requests, and requests from state and federal governmental authorities. We advise on HIPAA and HITECH Act requirements.
IRS/Tax Exemptions
We help clients acquire tax-exempt status and regularly advise not-for-profit hospitals and related entities on tax exempt matters. We also counsel on the use of captive insurance to reduce property and casualty, workers compensation, and other insurance premium costs. We represent health care providers regarding state and federal level tax disputes.
Medical Staff and Faculty Matters
We help coordinate peer review, credentialing, disruptive and impaired physician matters, and report issues to help ensure compliance with federal and state law, and manage the potential for resulting litigation.
Government Relations
Key matters
- Draft and secure passage of general bill enabling addition of hospital beds in high-growth counties by legislative fiat (notwithstanding Certificate of Need requirements)
- Draft and secure passage of local bill creating county hospital district
- Draft portions of bill regarding substantial Certificate of Need reform, and help secure its passage
Regulatory
Reimbursement and Managed Care (Medicare, Medicaid, commercial, and other payers)
Key matters
- Medicaid recoupment claims with Florida Medicaid Program
- Matters involving DOH, HHS, and OIG
- Chargemaster error and disputes
Licensing, Accreditation, and Survey Matters
Key matters
- Handle emergency suspensions and restrictions of health care practitioners’ licenses, including pharmacies, pharmacists, medical and osteopathic physicians, dentists, chiropractors, nurses, psychologists, and other mental health professionals
- Standard of care, sexual misconduct, improper prescribing, and impaired practitioner cases before Department of Health
Certificate of Need
Key matters
- Certificate of Need filings, including projects for new acute care hospitals, hospice programs, hospice inpatient facilities, nursing homes, comprehensive medical rehab beds, psychiatric and substance abuse beds (child and adult), long-term acute care hospitals, and transplant services
FDA/Clinical Research Trials
We prepare clinical trial agreements, informed consents, investigator agreements, and related transaction documents.
Antitrust Counseling
Key matters
- Defend hospital against antitrust claims brought by medical staff physician
- Advise hospital regarding potential merger with competing health care facility
- Represent hospital in connection with government investigation of proposed merger of area hospitals
- Advise hospitals regarding developing and implementing antitrust compliance programs