Ever since health care law emerged as a separate legal specialty, Clark Hill attorneys have been representing clients in all aspects of the industry. As in all other aspects of our practice, our philosophy is to use our years of experience and legal expertise to ensure our clients achieve their goals. Over the years, Clark Hill has successfully represented Academic Medical Centers; Ambulatory Surgery Centers; Assisted Living Facilities; Chiropractors; Chiropractic Clinics; Dentistry & Oral Surgery Practices; Durable Medical Equipment Companies; Health care Systems; Health care Management Companies; Health care Trade Associations; Health Plans; Home Health Agencies; Hospice; Hospitals (Nonprofit & For Profit); Intermediate Care Facilities; Intermediate Care Facilities/MR; Independent Diagnostic Testing Facilities (IDTF); Imaging Centers; Managed Care Companies; Mobile Imaging Companies; Multi-Specialty Physician Groups; Pharmacies; Physicians; and Physician Groups, among others.
Clark Hill prides itself on a holistic, team approach to legal issues - and health care law is no different. As part of this full circle philosophy, our health care clients have the ability to utilize the expertise of the entire firm, whether your legal needs encompass anti-trust compliance, real estate matters, construction, engineering, employee relations, employee benefits, nonprofit tax issues, bond financing, litigation, immigration or managed care contract review and negotiation.
Whether undertaking an acquisition or expansion of business, assisting in the formation of new and innovative health care groups, or advising individual physicians on various legal matters, we seek to add value to our clients’ business. We are uncompromising in our drive to gain knowledge of our clients’ specialties. In addition, we are conscious of the pressures felt by our clients, and endeavor to achieve the desired results in an efficient, effective and cost effective manner.
Health care law encompasses a broad spectrum of legal issues, and our attorneys have extensive experience covering a vast range of areas. A sampling of those areas include:
Certificate of Need
Obtaining a Certificate of Need from the state is essential for any new, merging or upgrading health care facility. With years of experience navigating governmental regulations at every level, Clark Hill attorneys can provide clients with the expertise they need to ensure they will be compliant. Whether it is for a new health care system or hospital, a long term care facility, an upgrade or addition to an existing facility, or a merger between two existing facilities, Clark Hill attorneys can assist our clients in obtaining this crucial documentation.
HIPAA and Privacy Laws
Clark Hill attorneys have extensive experience working with the myriad privacy and security issues that are an integral part of any health care endeavor. We offer a wide variety of services designed to help our clients navigate the complex regulatory, security, privacy and transactional issues that come into play under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). From consulting with and educating our clients regarding standards and practices to guarantee HIPAA compliance, to the development of ironclad policies and procedures, to reviews of group health plans, documents and privacy notices, to establishing electronic medical records systems, to working with centralized health records clearinghouses at the state and federal levels, Clark Hill attorneys can make sure that both patient rights and recipient rights are protected at every level.
Medical Staff Relations
The myriad, complex legal issues that can come into play with medical staffing require a deep and widespread knowledge of not just health care law, but numerous other disciplines as well - labor and employment law, litigation, contracts and government, to name just a few. As part of Clark Hill’s holistic approach, every client can rely on our firm’s collective expertise for any legal concern that may arise. Each of our attorneys has the experience and the knowledge to ensure that any medical staff issues will be addressed and resolved to their satisfaction. Clark Hill can assist you with medical staff concerns including: credentialing; certification; accreditation; staff processes, procedures and bylaws; staff disputes and litigation; peer and quality review policies and procedures; databank reporting and disruptive or impaired practitioners.
Medicare and Medicaid Reimbursement
Clark Hill attorneys have extensive experience advising clients on matters of Medicare, Medicaid and third party reimbursement issues. Payment concerns are naturally of the utmost importance to every health care system, medical practice and care provider; Clark Hill is well versed in the many laws and regulations that impact this crucial component of the health care industry.
We work with a wide range of health care clients, from hospital systems to individual providers, assisting them with billing practices, making sure they remain in compliance with government and industry regulations, negotiating favorable settlements and establishing relationships with Medicare, Medicaid and other third party payors. We assist our clients by proactively assessing and helping to prevent potential risk areas such as false claims, fraud and abuse and bad debt collection issues.
Stark Law & Anti-Kickback Analysis
Clark Hill attorneys are ready to guide our clients through the complexities of federal and state fraud and abuse laws, including Stark and anti-kickback laws. We help clients interpret how the various laws and regulations impact everything from contracts, to electronic medical records subsidies, to joint ventures, to patient programs, to prompt pay discounts and co-pay waivers, tailored to each client’s specific practice. From simple, one time explanations to complete, long term legal analysis of ongoing issues, we are prepared to help our clients determine the proper, expedient and appropriate route.