Healthcare Law

A FAST-CHANGING AND HIGHLY REGULATED INDUSTRY

Experienced Counsel to Help you See Around Corners

In the United States, the healthcare sector employs 11 percent of workers and accounts for 24 percent of government spending. Health insurance is the largest component (26 percent) of non-wage compensation and healthcare is one of the largest categories of consumer spending (8.1 percent of consumer expenditures. Healthcare is big business in America, and the result for healthcare businesses is a complex and ever-changing commercial, regulatory, and enforcement environment.

Healthcare is a tremendously complex area of the law, and one of the most regulated industries in the United States. The Harris Bricken healthcare team has broad and deep experience working both in-house and as external counsel to the full spectrum of industry stakeholders, including policymakers and government agencies; payers; health care providers; pharmaceutical, biotech, and medical device companies; and service providers.

Our lawyers have decades of experience handling healthcare litigation, guiding clients through successful healthcare mergers and acquisitions, and helping resolve complex restructurings, recoveries and insolvencies to our clients’ best advantage. Our attorneys are frequently consulted on regulatory matters and since 2010, we’ve been helping businesses navigate rapidly evolving cannabis regulation and policy. With legalization, our well-established Corporate Law practice and our deep knowledge of cannabis regulation and extensive industry and regulatory network uniquely positioned us to build a robust and client-centered Cannabis Law practice.

Harris Bricken attorneys provide the following legal services to healthcare businesses, both domestically and internationally:

 

Transactional:

  • Mergers & Acquisitions
  • General Corporate Advice
  • Contract Reviews
  • Board Advice
  • Physician and Provider Employment Agreements
  • Independent Contractor Agreements
  • Distribution Agreements for Biotechnology Company

 

Compliance:

  • Fraud and Abuse Laws (Anti-Kickback Statute, Stark law, False Claims Act, etc.)
  • Drafting and Implementing Compliance Plans
  • Preparing and Implementing Compliance Policies and Procedures
  • Medicare Advantage Issues
  • Behavioral Health Risk Management
  • Sunshine Act Reporting
  • Reimbursement Issues (Medicare, Medicaid, and Private Pay)
  • Accountable Care Organizations (from formation through regular daily advice)
  • State Law Licensing for Healthcare Facilities and Outpatient Clinics
  • Medicare Licensing for Providers
  • Corporate Practice of Medicine Doctrine
  • Third-Party Administrator Licenses
  • Utilization Review Licenses

 

Managed Care Services:

  • Provider Contracts
  • Management Service Agreements
  • Medicare Advantage Issues
  • Medicaid Issues
  • Compliance Advice
  • Delegation Agreements

 

Distressed Assets:

  • Healthcare Receiverships
  • Healthcare Bankruptcies
  • Out-of-Court Restructuring Advice
  • Amendments to Loan Agreements
  • Forbearance Agreements

 

Litigation:

  • Defend an Accountable Care Organization in State Court Action
  • Peer Review Litigation in Federal Court
  • Represent Ambulatory Surgical Center in Mediation
  • Anti-Trust Counsel to Plaintiff Physicians Against a Hospital System
  • Filing for Injunctive Relief for a Provider against a Hospital
  • Tarasoff/Duty to Warn Case (Behavioral Health Providers)
  • Physician Non-Competes

 

Privacy:

  • Health Insurance Portability and Accountability Act of 1996 (HIPAA)
  • The Part 2 Regulations
  • State Privacy Laws
  • Privacy Policies and Procedures

 

Peer Review:

  • Peer Review Contested Matters
  • Peer Review Litigation in Federal Court
  • Health Care Quality Improvement Act Issues

 

Other Services:

  • Ketamine Clinics – Acquisitions and Due Diligence
  • Medicare Healthcare Common Procedural Coding System (HCPCS) Application
  • Telehealth Compliance and Advice