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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 U.S. News – Best Lawyers “Best Law Firms,” 2019.

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 
  • Freestanding cardiac catheterization laboratories 
  • 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 pleaded 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

Caps Off to You: DOL Proposes Raising Salary Cap

Caps Off to You: DOL Proposes Raising Salary Cap

April 1, 2019

The U.S. DOL has proposed raising the salary cap for exempt white-collar workers. Here are some tips for employers in responding to the proposed changes

Be Prepared for the Next Wave of Biometric Data Laws: Five Tips for Businesses

Be Prepared for the Next Wave of Biometric Data Laws: Five Tips for Businesses

March 20, 2019

Advancements in technology have made it possible for more companies to use biometric data to streamline their business, improve security and workplace efficiency, and offer new services and features to customers.

How State and Federal Laws Are Addressing the Use of Direct-to-Consumer Genetic Testing by Insurance Companies

How State and Federal Laws Are Addressing the Use of Direct-to-Consumer Genetic Testing by Insurance Companies

December 18, 2018

While life insurers traditionally have set premiums based on a multitude of complex actuarial tables, the recent boom in direct-to-consumer DNA testing produces, such as 23andMe and AncestryDNA, is expanding the universe of genetic information available about consumers for consideration in rate-setting and other underwriting and policy operations.

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.

Genetic Testing – Unintended Consequences?

Genetic Testing – Unintended Consequences?

May 7, 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 1, 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 18, 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 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.

Key Contacts

Other Team Members

Beth A. Vecchioli

Beth A. Vecchioli

Senior Director Government Consulting
Peter J. Winders

Peter J. Winders

Shareholder and General Counsel

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.