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Health Care Law: Providers

Health Care Law: Providers

Health care practitioner liability can result from inappropriately prescribing medications, failing to properly warn patients of the effects of medications, neglecting to obtain proper patient consent to treatment, and other activities that do not require malicious intent or bad faith. Now more than ever, health care professionals must put into place the preventative measures necessary to avoid criminal and civil liability and administrative actions.

We provide the following services to members of the health care industry:

  • Counsel on local, state, and federal statutes, rules, and regulations, including:
    • Patient Protection and Affordable Care Act (ACA)
    • Controlled Substances Act (CSA)
    • Drug Addiction Treatment Act of 2000 (DATA 2000)
    • Food, Drug and Cosmetic Act (FDCA)
    • Mental Health Parity and Addiction Equity Act of 2008 (Equity Act)
    • Physician Payments Sunshine Act
  • Protection of patient privacy and confidentiality
    • Health Insurance Portability and Accountability Act (HIPAA)
    • 42 C.F.R. Part 2
  • Compliance with state and federal fraud, abuse, and disclosure laws, including:
    • Stark law
    • Anti-kickback law
    • Criminal health care fraud statute
    • False Claims Act
    • Physician Payment Sunshine Act
  • Standard of care analyses and best practice recommendations from a legal perspective
  • Risk management assessments for prescribing controlled substances
  • Compliance audits
  • Counsel and development of action plans in response to¬†U.S Drug Enforcement Administration (DEA) investigations

Additionally, health care professionals face a growing number of business issues in the ever-changing health care field. We provide the following services to practitioners:

  • Corporate structuring and reorganization
  • Corporate governance for health care organizations (for profit and not-for-profit), including advice to boards of directors in the exercise of their fiduciary duties, management of conflicts of interest, and activities related to recruitment and compensation
  • Privacy and security compliance review, recommendations, and training
  • Business contracts, including managed care contracting, and noncompetition agreements
  • Operational issues relating to patient care, reimbursement, billing, consents, insurance, and information systems
  • Professional¬†relationships, including employment agreements, medical director agreements, service agreements, space and equipment leases and creation of joint ventures