Health Care

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, industry knowledge 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 & Physician Groups
  • Sleep Disorder Centers

Clark Hill prides itself on a 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, corporate real estate matters, construction, engineering, employee relations, employee benefits, nonprofit tax issues, bond financing, litigation; including white collar criminal defense, immigration and 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.

Experience

Assisted clients on how to respond to growing demands to make their companies and products more sustainable, a goal increasingly being adopted by companies in the health care industry

Commented on EPA rulemaking s for a trade association representing a segment of in the health care industry 

Tracks regulatory developments for health care industry clients to provide early warning of significant new regulations or risks to a company's business, particularly concerning issues relating to FIFRA compliance for chemicals which claim to reduce Ebola, norovirus, and other viruses that are unlikely to have been explicitly testing in the original pesticide registration process 

Advised on methods of responding to regulatory agency and press concerns about the presence of "toxic" chemicals in products used by the health care industry

Represent healthcare insurers, third party administrators, managed care organizations and others in contractual, business and other disputes. Representation includes counseling clients and litigating issues regarding payments, accounting for payments, third party administration and self-insured health plan issues, fraud claims, among others

Represented a bank in the negotiation, documentation and closing of a revolving credit demand facility and a term loan provided to a regional/county managed-care provider for the refinance of existing indebtedness and working capital purposes. The credit facility is secured by: a blanket lien against all commercial personalty of the borrower; a pledge of marketable securities; and a fee-simple mortgage lien against the borrower's principal place of business. The credit facility also involved review and analysis of competing security interests arising due to various county contracts whereby the borrower was engaged to provide managed-care services.

Represented buyers and sellers of medical and dental practices
Represented non-profit hospice in acquisition of hospice assets from a healthcare system.

Managed Care and Health Care Industry Litigation - Practiced before state and federal agencies and the courts relating to Medicare and Medicaid reimbursement issues.

Formation of joint ventures among physicians.
Represented shareholders of large physician practices in numerous personal and corporate financial matters.
Represented numerous physician practice groups in general contracts, acquisitions and investments.
Representation of numerous physicians and others in connection with the acquisition and sale of major capital equipment
Represented non-profit hospital in a conversion to for-profit status.
Represented nephrology clinics in a merger into a publicly traded company.
Represented hospital in merger transaction.

Health Care Industry Litigation - Participated and litigated in several federal bankruptcy and state court receivership proceedings of hospitals.

Represented entity in acquisition of hospice assets from a community based organization and subsequent sale to a national hospice organization.

Antitrust and Trade Regulation - Lead Counsel in an antitrust case which successfully put an end to a decade’s long boycott against one of the largest dental insurers in the country.

Managed Care and Health Care Industry Litigation - Counseled clients and litigated third party reimbursement and accounting for reimbursement issues.

Formation of and counsel to medical professional corporations.
Formation of joint ventures between hospitals and physicians.
Representation of medical billing companies.
Representation of medical staffs and hospitals on amendments to medical staff bylaws.
Representation of rehabilitation entities.
Represented parties in sales of medical practices to hospitals and in divestitures of medical practices from hospitals.

Antitrust and Trade Regulation - Reported antitrust decisions include the following: Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 815 F.2d 270 (3d Cir. 1987), rev’g, 632 F.Supp. 653 (M.D. Pa. 1986), cert denied, 484 U.S. 851 (1987); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 745 F.2d 248 (3d Cir. 1984), aff’g, 574 F.Supp. 457 (M.D. Pa. 1983), cert. denied, 471 U.S. 1060 (1985).

Antitrust and Trade Regulation - Antitrust litigation experience includes representing clients in the insurance, health care, soft drink, construction, manufacturing, hardware and building materials industries.

Representation of a national nursing home and assisted living facility operator in its Chapter 11 reorganization case. Assisted the company in its lease divesture program, and aided in the negotiation and formulation of a structured settlement in the United States government related to a claim of Medicaid-Medicare underpayment liability, both of which were integral to the company’s successful reorganization efforts.
Counsel to the lender in connection with secured bank-qualified and non-bank qualified credit facilities for a private, non-profit assisted living facility operator, the proceeds of which were used to refinance existing indebtedness and for providing working capital.
Defended researchers and physicians against allegations of scientific misconduct in connection with both basic science research and clinical trial research.
Represented various counties in connection with the sale of county nursing homes
Represented physician parties in corporate split-ups.

Managed Care and Health Care Industry Litigation - Litigated provider participation status under the Medicare program.

Managed Care and Health Care Industry Litigation - Litigated issues related to institutional providers’ Medicaid cost reports.

Counsel to mid-market health care companies including cancer treatment centers, dialysis centers, sleep labs, and ambulatory surgery centers providing lead counsel and coordinating legal counsel on a wide array of matters including corporate matters, operations, acquisition and divestiture transactions, joint venture projects, corporate governance, business planning and financial transactions, and legal compliance.

News
Clark Hill Attorney Gerald “Jud” DeLoss to Present Behavioral Health Managed Contracts Webinar on July 14, 2016Clark Hill Attorney Gerald “Jud” DeLoss to Present at the American Health Lawyers Association Annual Meeting in Denver, CO, on June 28, 2016Sixty-Six Clark Hill Attorneys Selected for the 2015 Super Lawyers Business EditionTwenty-Eight Clark Hill Attorneys Named to DBusiness Magazine's 2016 Top Lawyers ListClark Hill Attorney Elizabeth Collura Named to Board of Trustees of The Jewish ChronicleSixty-Five Clark Hill Attorneys Named to Michigan Super Lawyers 2015 ListClark Hill Attorney David Ries to Present at ABA’s 16th Annual Conference on Emerging Issues in Healthcare Law – Lake Buena Vista, FL - March 6, 2015Clark Hill Attorneys Joseph Friedman, Neda M. Ryan, Elizabeth Collura and Jeremy D. Bowen Published in The Health Lawyer Clark Hill Chicago Attorney John L. Hines, Jr. Elected Vice-Chairman of Erikson Institute’s Board of TrusteesClark Hill Attorneys Jonathan Boulahanis and Jayme Matchinski Presented “Wage & Health Insurance: What You Need to Know”Clark Hill Attorney Kristi Gauthier will Present on Wellness Program Compliance for the Arizona Small Business AssociationClark Hill Continues to Grow Phoenix Office with the Addition of Arizona Employee Benefits Attorney Kristi R. GauthierClark Hill Attorney Robert Weyhing Appointed Officer of the French National Order of Merit Clark Hill Attorneys Steven Girard, Grant Pecor, Nicole Paterson and Peter Domas to Present at Michigan County Medical Care Facilities 2014 Spring Management ConferenceClark Hill Attorney David M. Cessante to present at the 2014 Michigan Health Care Human Resources Conference in East Lansing May 1stClark Hill Attorney Joseph Friedman to Present at ACI’s 5th Advanced Forum on Managed Care Disputes & Litigation – May 14-16, 2014Clark Hill Attorney Joseph Friedman Participates in AHLA Institute for Health Plan Counsel – April 9, 2014Clark Hill Attorney Jayme R. Matchinski Published Article in Sleep Review MagazineClark Hill Attorney Reginald M. Turner to Present on Managing Retiree Health Benefits for the Michigan Public Employers Labor Relations Association March 7, 2014Elizabeth Collura to Discuss Blogging at Green Tree Public LibraryClark Hill Attorneys Gregory W. Moore and Peter J. Domas Presented at the HCCA Managed Care Compliance ConferenceClark Hill Attorneys Steven K. Girard and Nicole M. Paterson to present at Michigan Ambulatory Surgery Association Education Day, November 15, 2013Health Care Attorney Jayme R. Matchinski Joins Clark Hill ChicagoClark Hill Attorney Kristi Gauthier to Present at MBPA Healthcare Reform Conference September 24, 2013Clark Hill Attorney Kristi Gauthier to Present at Healthcare Reform Seminar September 10, 2013Clark Hill Attorney Joseph Friedman Speaks to Pittsburgh Business Times Regarding Challenges Evident in Highmark /UPMC Rivalry in Light of Implementation of Healthcare ReformClark Hill Attorney Kristi Gauthier to Speak at the MBPA Health Care Conference – April 9Clark Hill Attorneys Grant T. Pecor and Nicole M. Paterson to Present at Health Care Association of Michigan NADONA Annual Convocation & ExpoClark Hill Attorneys Ray J. Koenig III and MacKenzie A. Hyde to Present on “Dealing with Decision-Makers in a Health Care Setting: Identifying Red Flags and Avoiding Pitfalls”Clark Hill PLC Attorney Kristi R. Gauthier to Author a Series of Health Care Reform, Expert Advice Articles for the Michigan Business and Professional AssociationClark Hill PLC Attorney Neda Mirafzali Featured in Ms. JD Article, "Women Lawyers Who Rock: Healthcare Law Attorney Neda Mirafzali"Clark Hill PLC Attorney Kristi R. Gauthier to Present During Crain's Detroit Business Webinar, "Impact of the Affordable Care Act on the Small Business Community"Clark Hill PLC Attorneys Terese Farhat, Steven K. Girard, Grant T. Pecor and Nicole M. Paterson Presented at the Michigan County Medical Care Facility's Council Spring Management ConferenceClark Hill West Michigan Attorneys Grant T. Pecor and Nicole Paterson to Present at Health Care Association of Michigan's Spring Leadership Conference, March 21Clark Hill Attorney Kristi R. Gauthier to Present “Health Care Reform: What Everyone Wants to Know”Clark Hill Attorney Ryan Lorenz to Present at Arizona Society for Healthcare Risk Management on November 12, 2010Clark Hill Attorney Gregory W. Moore to Co-Present “Federal Health Care Reform: What it Means for Michigan Employers” WebinarClark Hill PLC Immigration and Health Care Attorneys Present “Life After Training: Options For J-1 And H-1B Physicians” November 14 in TroyClark Hill Attorney Kristi R Gauthier Elected to Board of Variety FAR Conservatory of Therapeutic and Performing Arts