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Health Care


Overview

Carlton Fields represents the full range of health care industry participants. On behalf of industry-leading clients across the country, we provide comprehensive legal services related to health care entities. Our scope of services include compliance, administrative, regulatory, transactions, and litigation. Our firm received a national ranking for health care law in Best Lawyers “Best Law Firms,” 2018.

Representative Clients

  • Hospitals and health systems 
  • Health care clinics 
  • Adult care facilities 
  • Hospices 
  • Ambulatory surgery centers 
  • Physicians, physician groups, and other allied health professionals 
  • Oncology Centers 
  • Free-Standing Cardiac Catheterization Labs 
  • Mental Health Centers 
  • Addiction Treatment Centers 
  • Pharmaceutical and medical device manufacturers 
  • Universities 
  • Medical and hospital associations 
  • Health Insurance companies 

 

Experience

Litigation

  • Represented health care providers throughout Florida trial and appellate courts in more than 450 cases related to Amendment 7 issues, including providers’ confidential peer review, credentialing, quality, and risk management 
  • Obtained reversal of trial court order certifying class action against hospital challenging its billing and collections practices 
  • Represented hospital in litigation and appellate proceedings resulting in decision that Florida hospitals and ambulatory surgery centers and their governing bodies are immune from injunctive relief and liability for claims that arise out of the appointment or reappointment of members of the medical staff, absent a properly pled allegation of intentional fraud 
  • Represented hospitals in internal peer review proceedings and resulting litigation, which included successfully representing hospital in litigation and appellate proceedings in lawsuit brought by physicians alleging racial discrimination in medical staff appointment process 
  • Represented hospitals in medical malpractice lawsuits, including a defense verdict in a three-week jury trial of a $50 million medical malpractice claim arising out of paraplegia following spinal surgery 

Regulatory/Transactional 

  • Represented hospital-based ambulatory surgery centers in a roll-up with a public company 
  • Provided legal advice and counseling regarding formation of a hospital network to better compete given health care reform 
  • Representing two public hospitals in possible long-term lease 
  • Represented health care providers in investigations by the U.S. Department of Health and Human Services Office for Civil Rights related to HIPAA and patient privacy complaints brought by former patients and other consumers 
  • Assisted hospital with purchase of real estate and expansion of health care facilities 
  • Counseled hospitals on possible joint venture to expand provision of critical services

 

All Insights

Emergency Doctors Sue Anthem in Federal Court for Restrictive Emergency Room Policy

Emergency Doctors Sue Anthem in Federal Court for Restrictive Emergency Room Policy

August 27, 2018

On July 17, 2018, American College of Emergency Physicians and the Medical Association of Georgia filed a lawsuit against Anthem Blue Cross and Blue Shield of Georgia on behalf of emergency physicians to force the health insurer to rescind its current policies that allow it to deny coverage of emergency room care when certain diagnoses are resolutely indicated.

Healthy Dose Podcast: Unlikely Mergers, Acquisitions and Strategic Affiliations in Health Care

Healthy Dose Podcast: Unlikely Mergers, Acquisitions and Strategic Affiliations in Health Care

June 20, 2018

In Carlton Fields' latest podcast series, Elizabeth Scarola discusses trends and current events in the health care industry. Whether you are a health care provider, health care administrator, medical device manufacturer, or even an interested patient or consumer, this podcast will be of benefit to you.

Genetic Testing – Unintended Consequences?

Genetic Testing – Unintended Consequences?

May 8, 2018

The potential expansion of genetic testing services to other applications raises concerns about consent, privacy, and confidentiality.

Supreme Court Denies Insurer’s Petition to Review Standing in Data Breach Class Actions

Supreme Court Denies Insurer’s Petition to Review Standing in Data Breach Class Actions

March 31, 2018

In recent years, the insurance and financial services industries have been targets of high profile data breaches.

HIPAA - Lessons From the Fresenius Settlement

HIPAA - Lessons From the Fresenius Settlement

March 30, 2018

In an industry overrun with news of almost daily privacy breaches, what makes the Fresenius settlement especially newsworthy is the size of the fine compared to the size of the breach and the types of breaches involved.

A Primer on Precision Medicine: The Legal and Ethical Considerations Faced by Modern Medicine’s New Frontier

A Primer on Precision Medicine: The Legal and Ethical Considerations Faced by Modern Medicine’s New Frontier

March 29, 2018

Though scientists disagree about the extent to which precision medicine will translate into genuine improvements in health care delivery, even the most skeptical of experts cannot deny recent advancements in genetic testing and targeted therapeutics.

Amending the Florida Constitution: New Ballot Language to be Crafted for 25 Proposals

Amending the Florida Constitution: New Ballot Language to be Crafted for 25 Proposals

March 28, 2018

The Florida Constitution Revision Commission (CRC) began its own “session” last week, forwarding 25 of 37 proposals to amend the Florida Constitution to the Style and Drafting Committee to craft proposed ballot language.

Non-Emergency Medical Ridesharing: Uber Helpful or Uber Risky?

Non-Emergency Medical Ridesharing: Uber Helpful or Uber Risky?

March 2, 2018

Uber has launched its own platform to allow all health care providers to schedule – and pay for – rides for their patients.

Need a Lyft? Ambulances Aren't the Only Form of Medical Transport

Need a Lyft? Ambulances Aren't the Only Form of Medical Transport

January 19, 2018

Non-emergency medical transportation presents its own set of unique legal and regulatory issues.

A Game Plan for Employers Facing Possible ACA Penalties

A Game Plan for Employers Facing Possible ACA Penalties

January 17, 2018

All employers are at risk of receiving a notice from the IRS that they are liable for a penalty under the Affordable Care Act for failing to offer enough employees insurance coverage, or for failing to offer particular employees insurance coverage. This alert offers a game plan to implement upon receipt of that notice.

A Conversation on CMS’ Emergency Preparedness Compliance for Healthcare Providers

A Conversation on CMS’ Emergency Preparedness Compliance for Healthcare Providers

October 6, 2017

In light of recent natural events in Florida and Texas and the looming deadline for compliance, we have asked James Randolph of the Tampa-based Pathfinder Group to be here with us to provide some helpful tips for providers with respect the CMS Emergency Preparedness Requirements.

A Category 5 Compliance Problem: Hurricane Irma Gives Providers a Stark Reminder of Emergency Preparedness Realities

A Category 5 Compliance Problem: Hurricane Irma Gives Providers a Stark Reminder of Emergency Preparedness Realities

September 19, 2017

The havoc that Hurricane Irma caused in the Caribbean and most of Florida reminds us of the Centers for Medicare and Medicaid Services (CMS) requirements for emergency preparedness, which take effect November 15.

California Vacation Vesting Ruling Highlights Importance of Clear Policy Language

California Vacation Vesting Ruling Highlights Importance of Clear Policy Language

August 1, 2017

In Minnick v. Automotive Creations, Inc., the court reaffirmed an employer’s right to have a policy whereby a worker’s entitlement to vacation pay does not vest until after their first anniversary of employment.

New York DFS Requests Information on Use of External Consumer Data and Information Sources in Life Insurance Underwriting

New York DFS Requests Information on Use of External Consumer Data and Information Sources in Life Insurance Underwriting

July 5, 2017

The New York DFS initiated an investigation into the use of external consumer data or information sources in connection with underwriting by issuing a Section 308 information request to all New York authorized life issuers.

New HHS Cybersecurity Preparedness Checklist

New HHS Cybersecurity Preparedness Checklist

June 15, 2017

The Department of Health and Human Services’ Office of Civil Rights (OCR) recently published a checklist to guide HIPAA-covered entities and business associates.

IRS Issues Warning on Tax Treatment of Wellness Program Rewards

IRS Issues Warning on Tax Treatment of Wellness Program Rewards

May 30, 2017

Employers offering wellness program rewards should be aware that some medical insurance salespeople are recommending arrangements that fail to comply with applicable law.

Repeal of the McCarran Ferguson Act: On Ramp or Speed Bump Along the Highway of Health Care Reform

Repeal of the McCarran Ferguson Act: On Ramp or Speed Bump Along the Highway of Health Care Reform

May 26, 2017

You can est assured that the national conversation on health care reform is far from over.

Fate of the American Health Care Act in the Hands of the Senate

Fate of the American Health Care Act in the Hands of the Senate

May 5, 2017

On May 4, the U.S. House of Representatives passed the American Health Care Act (AHCA) by a slight majority (217-213).

.Health: What You Need to Know About the Internet’s Newest Domain Name

.Health: What You Need to Know About the Internet’s Newest Domain Name

April 25, 2017

On May 8, the new .health Internet top-level domain opens up to members of the health care industry and will be awarded on a “first-come, first-served” basis

Provider Beware:  MACRA Implementation Fraught with Fraud and Abuse Implications

Provider Beware: MACRA Implementation Fraught with Fraud and Abuse Implications

April 1, 2017

Although the fate of the Center for Medicare and Medicaid Innovation (CMMI) and the mandatory alternative payment models thereunder face threat of repeal under Republican leadership, the Medicare Access and Chip Reauthorization Act (MACRA) passed with overwhelming bipartisan support (passed the U.S. House 392-37; passed the U.S. Senate 92-8), signaling that both Republicans and Democrats back the shift to value-based reimbursement.2

Hacking of Medical Devices is No Longer Just an Outlandish Movie Plot

Hacking of Medical Devices is No Longer Just an Outlandish Movie Plot

March 24, 2017

2016 was a big year for health care data br eaches with 106 major hacker-attributed breaches reported to the federal government, ex posing 13.5 million individuals' records. [1] According to a June Ponemon Institute/IBM report on data breaches, loss of a single record cost health care institutions an average of $402, which adds up to $2. 8 billion spent on 2016 hacking incidents

Will “Trumpcare” Replace Obamacare by April?

Will “Trumpcare” Replace Obamacare by April?

March 7, 2017

House Republicans revealed two bills collectively meant to repeal and replace the Affordable Care Act (ACA).

CMS Requires Participating Providers to Prepare for Emergencies

CMS Requires Participating Providers to Prepare for Emergencies

March 1, 2017

The final rule requires participating providers to plan for natural and man-made disasters, train for disaster preparedness and test emergency plans. The memo clarified that participating providers are expected to meet the requirements of the final rule by November 15, 2017, or face citations for non-compliance

Mandatory Bundled Payments Delayed, CMS Seeking Comments

Mandatory Bundled Payments Delayed, CMS Seeking Comments

March 1, 2017

CMS Administrator, Seema Verma, and Secretary of Health and Human Services Secretary, Tom Price delayed implementation of the Comprehensive Care for Joint Replacement (“CJR”) program via an interim final rule.

The Need for “Particularity” in Qui Tam Cases

The Need for “Particularity” in Qui Tam Cases

March 1, 2017

The False Claims Act encourages individuals, known as “relators,” to report knowledge of fraud against the government. The Act incentivizes relators (and their lawyers) by promising them a bounty for suing to recover damages for the fraud.

Health Care Fraud and Abuse in the Middle District of Florida in 2016 - a Year in Review

Health Care Fraud and Abuse in the Middle District of Florida in 2016 - a Year in Review

February 22, 2017

In 2016, the USAO-MDFL brought criminal and civil cases against both companies and individuals.

Trump Administration Proposes Insurer-Friendly Rule Modifying Exchanges under the ACA

Trump Administration Proposes Insurer-Friendly Rule Modifying Exchanges under the ACA

February 16, 2017

Less than three weeks after our last article involving healthcare under the Trump Administration, the Centers for Medicare and Medicaid Services Department of Health and Human Services (“HHS”) has released its first proposed rule (the “Proposed Rule”).

Amendment 7 Prevails Over Patient Safety Work Product Protections

Amendment 7 Prevails Over Patient Safety Work Product Protections

February 13, 2017

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests

The Affordable Care Act: On the Fast Track to Repeal

The Affordable Care Act: On the Fast Track to Repeal

January 26, 2017

On January 20, hours after his inauguration, President Donald Trump issued an executive order directing the heads of all executive departments and agencies to “waive, defer, grant exemptions from, or delay the implementation of” key provisions of the Affordable Care Act (a/k/a “Obamacare”).

Significant Changes to Medicare Reimbursement Underway

Significant Changes to Medicare Reimbursement Underway

January 18, 2017

As health care costs continue to rise and the baby boomer generation ages, the government will keep pursuing innovative payment arrangements to encourage delivery of the highest-quality, lowest-cost care.

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

January 17, 2017

Privacy law began in 1890 when Harvard Law Review published “The Right to Privacy” by Samuel Warren and Louis Brandeis.

MACRA: Top 10 FAQs

MACRA: Top 10 FAQs

October 10, 2016

Key Contacts

Other Team Members

Beth A. Vecchioli

Beth A. Vecchioli

Senior Director Government Consulting

Featured Insights

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.