Ever since healthcare 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 experience to ensure our clients achieve their goals. Over the years, we have successfully represented:

  • Academic medical centers
  • Ambulatory surgery centers
  • Assisted living facilities
  • Chiropractors and chiropractic clinics
  • Dentistry and oral surgery practices
  • Durable medical equipment companies
  • Healthcare systems
  • Healthcare management companies
  • Healthcare trade associations
  • Health plans
  • Home health agencies
  • Hospice; hospitals (nonprofit and 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
  • Sleep disorder centers

We pride ourselves on a team approach to legal issues - and healthcare law is no different. As part of this full circle philosophy, our healthcare clients have the ability to utilize the experience 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, 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 healthcare 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. Also, 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.

Healthcare law encompasses a broad spectrum of legal issues, and our attorneys have extensive experience covering a vast range of areas.

Certificate of Need

Obtaining a Certificate of Need from the state is essential for any new, merging or upgrading healthcare facility. With years of experience navigating governmental regulations at every level, our attorneys can provide clients with the service they need to ensure they will be compliant. Whether it is for a new healthcare system or hospital, a long-term care facility, an upgrade or addition to an existing facility, or a merger between two existing facilities, we can assist our clients in obtaining this crucial documentation.

HIPAA and Privacy Laws

Our attorneys have extensive experience working with privacy and security issues that are an integral part of any healthcare 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, our attorneys make sure that both patient rights and recipient rights are protected at every level.

Medical Staff Relations

The legal issues that can come into play with medical staffing require a deep and widespread knowledge of healthcare law, labor and employment law, litigation, contracts, and government, to name just a few. As part of our holistic approach, every client can rely on our firm’s collective capabilities 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. We 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
  • Disruptive or impaired practitioners

Medicare and Medicaid Reimbursement

Our attorneys advise clients on matters of Medicare, Medicaid, and third-party reimbursement issues. Payment concerns are naturally of the utmost importance to every healthcare system, medical practice and care provider, and we are well versed in the many laws and regulations that impact this crucial component of the healthcare industry.

We work with a wide range of healthcare clients, from hospital systems to individual providers through 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

Our 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 and electronic medical records subsidies to joint ventures, patient programs, prompt pay discounts, and co-pay waivers. From simple, one-time explanations to complete, long term legal analysis of ongoing issues, we are prepared to help our clients determine the proper plan of action.


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

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

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

Represented various counties in connection with the sale of county nursing homes
Represented buyers and sellers of medical and dental practices

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.

Formation of joint ventures among physicians.

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

Defended researchers and physicians against allegations of scientific misconduct in connection with both basic science research and clinical trial research.

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).

Represented shareholders of large physician practices in numerous personal and corporate financial matters.
Representation of numerous physicians and others in connection with the acquisition and sale of major capital equipment
Representation of rehabilitation entities.
Represented non-profit hospital in a conversion to for-profit status.
Represented hospital in merger transaction.

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

Represented physician parties in corporate split-ups.

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

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.

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.
Represented nephrology clinics in a merger into a publicly traded company.
Represented parties in sales of medical practices to hospitals and in divestitures of medical practices from hospitals.
Representation of medical staffs and hospitals on amendments to medical staff bylaws.
Formation of and counsel to medical professional corporations.

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

Formation of joint ventures between hospitals and physicians.

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

Represented numerous physician practice groups in general contracts, acquisitions and investments.
Represented non-profit hospice in acquisition of hospice assets from a healthcare system.
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.

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

Representation of medical billing companies.

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

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.

Represented entity in acquisition of hospice assets from a community based organization and subsequent sale to a national hospice organization.
Corinne Smith quoted in Medical Economics - "Dealing With EHR Buyer's Remorse"Corinne Smith quoted in Health IT Security - "AI, IoT, Medical Devices Top Health Cybersecurity Predictions for 2019"Corinne Smith quoted in Health IT Security - "Biggest Challenges, Lessons Learned from Health Cybersecurity in 2018" Gun safety: HIPAA change allows providers to report on some mentally ill patients Co-Author, "Managed Care Litigation and The Affordable Care Act,” GPSolo Magazine, American Bar Association, March/April 2015Patient-Physician Confidentiality: 'Til Death Do Us Part?Thinking of Investing In, or Renting Space In, an ASC? Have You Taken Compliance into Consideration?Business Development Alternatives to the Golf Course"Not-So-Friendly Competition" in Sleep Review: The Journal for Sleep SpecialistsHow to Legally Break Up With Your PatientHIPAA Omnibus Rule: What Anesthesiologists Must Do NowManagement and Third-Party Billing CompaniesHospital Incentives to PhysiciansReporting Post-Operative Pain Management Procedures in 2013A Survey of State Prompt Pay Laws, Part IISo You're Thinking of Getting into the Business of Healthcare? Here Are the Top 5 Things You Need to KnowCo-Author, “Affordable Care Act’s Medical Loss Ratio Provision: Is There A Private Right Of Action?” Communiqué, November 2012What You Need to Know About the Supreme Court's Decision on Health Care ReformCo-Author, “Health Plans’ Commercial Uncertainties Persist After Supreme Court’s Decision Upholding the Affordable Care Act’s Constitutionality,” Communiqué, August 2012Five Steps to Protect Your Organization from HIPAA AuditsThe Required Hospital Standard Charge Publication That You Probably Missed, American Health Lawyers Association Hospitals & Health Systems RXAnesthesiologists Should Beware of HIPAA AuditsA Law Firm Associate's Guide to Getting a Vacation
Presenter, "Pediatric Malpractice Litigation Trends," Children's Health Affinity Group, American Health Lawyers Association, December 2018Presenter, “Managing the Class Action Minefield: Developing Strategies to Combat the Explosion of Medical Necessity, Mental Health Parity and Eating Disorder Lawsuits,” ACI’s 5th Advanced Forum on Managed Care Disputes & Litigation, May 2014Presenter, “Preparing for an Uptick in Litigation in Light of Healthcare Reform Implementation,” American Health Lawyers Association Institute for Health Plan Counsel, April 2014Panelist, "Culture, Cost and Consequences: The Real Impact of Claims and Risk Management on Health Care Providers," Crittenden Medical Insurance Conference, 2014Presenter, "Claim Trends & Legal Developments in U.S. Healthcare 2014," Lloyds Reinsurance Group in London, 2014Presenter, “Managed Care Disputes and Litigation,” American Conference Institute, May 2012Co-presenter, “Healthcare 2010: Year in Transition,” Bermuda Society for Healthcare Risk Management, April 2010
Family Practice News: How Proposed Patient Substance Use Privacy Rule Impacts Physicians – March 10, 2016