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Hospitals and Health Networks

The Hospitals and Health Networks section of the Health Care and Life Sciences Law Group at Norris McLaughlin provides services to clients throughout the health care field, including highly specialized work in the regulatory areas governing the delivery of health care services under state and federal law.  The Hospitals and Health Networks section advises clients on compliance with these health care regulations in the negotiation and structuring of numerous transactions between and among providers, payors and suppliers including mergers, affiliations, joint ventures, practice acquisitions and exclusive contract arrangements.  In addition, we counsel clients on a broad range of health care compliance issues including reimbursement audits, HIPAA, false claims and fraud and abuse investigations.

Our clients include hospitals and their affiliated corporations, hospital medical staffs, affiliated physician practice groups, nursing homes and other long-term care facilities, rehabilitation facilities, home care providers, health data analytics companies, practice management companies, laboratories, imaging centers, ambulatory surgery centers and other providers of health care services.

The types of matters handled by NM for our hospital and health network clients include:

  • Corporate Structuring of Health Systems and Entities
  • Healthcare Network Mergers, Acquisitions, Affiliations and Joint Ventures
  • Peer Review Proceedings
  • Medical Staff Actions and Hospital Privilege Issues
  • Healthcare Practitioner Impairment
  • Investigations and Reimbursement Audits by CMS, State Medicaid agencies and commercial insurers
  • DOJ Healthcare Fraud and Abuse Investigations
  • DEA Investigations and Actions
  • HHS Office of Civil Rights Investigations and Actions
  • Physician Medical Practice Acquisitions
  • Medical Training Program and Affiliation Agreements
  • Exclusive Services Agreements
  • Clinical Research and Clinical Trial Agreements
  • Patient Consent and Treatment Matters
  • Physician Agreements (Employment, Incentive Compensation, Call Coverage, Services)
  • Healthcare Litigation
  • Medicare and Medicaid Reimbursement Matters and Regulation Compliance
  • Managed Care Agreements and Organizations
  • Certificate of Need, Licensure and Regulatory Requirements
  • Compliance Programs
  • Telemedicine Agreements
  • Regulatory and Compliance Counseling Including Fraud and Abuse, Stark, Anti-kickback, False Claims Act, HIPAA and HITECH
  • Employment Counseling and Litigation
  • Capital Finance
  • Construction of Hospitals and Other Facilities
  • Health Care Financing
  • Tax-Exemption Issues
  • HITECH and Patient Safety Organization Matters
  • Guardianship Proceedings
  • Real Estate and Land Use (Medical Office Buildings)
  • Antitrust Counseling and Litigation

Representative Matters

A sample of the types of matters the Health Care and Life Sciences Law Group have handled for our hospital and health network clients include:

  • Structuring and negotiation of numerous health system mergers and affiliations
  • Representation of health system in acquisition of numerous community-based physician practices
  • Preparation of numerous exclusive service agreements for radiology, pathology, anesthesiology, hospitalist, laboratory, emergency, pharmacy, and other services
  • Successful formation of an accountable care organization (ACO) under PPACA, including navigation through CMS application process and credentialing process, preparation of ACO participant agreements and cost savings/sharing methodology
  • Advising clients on compliance with Stark, Anti-kickback and healthcare regulations in structuring various transactions
  • Development of program and participation agreement template for hospital subsidy of community physician practice purchase of electronic medical record software in compliance with Stark exception
  • Development and review of hospital and medical staff bylaws for compliance with state and federal healthcare regulations
  • Review of Clinical Trial Agreements for research/clinical trials involving pharmaceuticals
  • Preparation of Academic Mission Support Agreements among hospitals, affiliated medical schools and medical practice groups
  • Development of corporate compliance programs for hospitals and health systems
  • Development of HIPAA privacy and security policies and procedures, prepare business associate agreements and provide guidance on specific privacy and security issues and breach notification compliance
  • Preparation of physician employment, incentive compensation, recruitment and income guarantee agreement templates
  • Preparation of physician call coverage agreements
  • Preparation of affiliation/training agreements for training of fellows, residents, medical students, PAs, RNs, PTs, and OTs
  • Preparation of supply chain management agreement among multiple health systems
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