Experience

Hospital Operations Counsel

  • 40 hospitals in 20 states
  • Acute care hospitals
  • Psychiatric hospitals
  • Physician-owned hospitals
  • Long-term acute care hospitals
  • Ambulatory surgery centers
  • Provider-based campuses
  • Excluded rehabilitation departments
  • Medical staff by-laws maintenance
  • Medical staff fair hearings
  • Governing board by-laws maintenance
  • Policy and procedure development

Managed Care

  • Bundled payment care improvement initiative
  • Individual hospital negotiations
  • Utilization review programs
  • Anti-trust evaluations
  • Provider network contracting and regulation
  • Third party administration
  • Capitation agreements

Physician Contracting

  • Employment agreements
  • On-call agreements
  • Medical directorships
  • Co-management arrangements
  • Group practice consolidation
  • Hospitalist program design and implementation
  • ED coverage program design and implementation
  • Quality based compensation arrangements
  • Non-CPT compensation arrangements

Durable Medical Equipment

  • In-hospital DME provisions by third-party vendors
  • Mail order DME and prescription drugs

Regulatory Compliance

  • Medicare enrollment
  • Medicaid enrollment
  • NPI number maintenance
  • HIPAA privacy rules
  • EMTALA
  • Stark/anti-kickback
  • RAC audit
  • False Claims Act
  • Sunshine Act

Non-Acute Healthcare

  • Valuations
  • Hospice
  • Home health
  • Independent diagnostic testing facilities
  • Pharmacy
  • Physical therapy
  • Physician billing
  • Group purchasing
  • Radiosurgery
  • Individual practitioners

Corporate

  • Hospital-physician joint ventures
  • Physician practice acquisitions
  • Private placements
  • Hospital acquisitions
  • Inter-company arrangements
  • Unwinds
  • Asset purchase agreements
  • Hospital management agreements

Intellectual Property Experience

  • IP Strategy Development
  • Patent Portfolio Management
  • Innovation Capture
  • Patentability Analysis

Trademark and Copyright

  • Infringement Analysis
  • Trademark Registration

Business Litigation Experience

  • False Claims Act/Anti-Kickback claim subpoena response
  • False Claims Act defense, including extensive acquisition contract analysis, witness fact-finding interviews, and legal research
  • Covenants not to compete
  • Environmental regulation, including CERCLA and Clean Water Act matters
  • Creditor’s rights matters, including Sixth Circuit appeal of summary judgment in fraudulent transfer case
  • Preliminary injunction hearings and briefing to halt bank merger strike suit and hostile shareholder buyout
  • Lender liability
  • Debt collection offense and defense
  • Mortgage-backed securities litigation
  • Internet defamation
  • AAA Arbitration