Healthcare Law

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. We help position clients to withstand market changes and succeed over the long term.

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
  • Healthcare Systems
  • Healthcare Management Companies
  • Healthcare Trade Associations
  • Health Plans
  • Home Health Agencies
  • Hospitals & Hospices (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 healthcare law is no different. As part of this full circle philosophy, our healthcare clients have the ability to utilize the capabilities of the entire firm, whether your legal needs encompass antitrust 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 business expansion, 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’ businesses. 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 strive 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. A sampling of those areas includes:

Business Transactions

We represent nearly every healthcare entity imaginable in a variety of matters and transactions, including the creation of health systems; acquisitions or dispositions of facilities; structuring, creation, and implementation of joint ventures; anti-kickback and referral law issues; acquisition or creation of ancillary services; financing transactions; inurement and issues faced by tax-exempt healthcare entities; and securities offerings and related issues.

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, Clark Hill attorneys can provide clients with the guidance 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, 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 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, Clark Hill attorneys can make sure that both patient rights and recipient rights are protected at every level.

Litigation and Alternative Dispute Resolution

Our attorneys handle a wide range of healthcare litigation, including commercial litigation, medical liability disputes, and lawsuits such as mass torts and class actions. We counsel physician groups, hospitals, healthcare systems, rehabilitation facilities, laboratories and other healthcare related providers. In addition, we represent drug and medical device manufacturers and distributors in enforcement and litigation matters.

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 healthcare 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 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. 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 healthcare system, medical practice and care provider; Clark Hill is well versed in the many complex state and federal 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, 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. Our team stays up-to-date on legislation and programs from Medicare and Medicaid regulations to rate setting and pay for performance, as well as advising on contemplated changes.

Operational and Regulatory Issues

Our extensive knowledge of state and federal regulatory requirements allows us to counsel clients on business organization, operations, transactions, joint ventures, mergers and acquisitions, and litigation.

Physician Issues

We advise physicians and physician groups in all manner of transactions, including the creation of healthcare entities. Our team is knowledgeable about healthcare businesses and assists in a variety of situations, from financing and construction needs to estate protection plans. We also routinely counsel clients throughout the licensing and credentialing maze.

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

With assistance from  Kristi Gauthier,  Ed Hammond, Peter Domas and Bishop Bartoni, Kevin Hendrick and Nicole Tersigni successfully defended an insurance priority dispute, resulting in an extremely favorable judgment for firm client, United States Steel Corporation’s ERISA-governed Retiree Benefits Plan.  U. S. Steel Retirement Plan was joined as a third-party defendant in a pending dispute by a No-Fault Automobile Insurance carrier,  which had been sued by a healthcare service provider for unpaid patient attendant care fees.  The No-Fault Carrier claimed that the obligation to pay for these services under Michigan No-Fault law  fell to U. S. Steel Retirement Plan, which covered the patient (who was a former U. S. Steel employee).  Ed, Bishop, Kristi and Peter lent their expertise to Kevin and Nicole in interpreting alleged conflicting insurance priority provisions and explanations of benefits.  Kevin and Nicole crafted a legal argument that ultimately led to summary disposition in favor of U.S. Steel Plan, and against the No-Fault carrier, saving U.S. Steel Plan from payment of the healthcare fees, and also reimbursing U.S. Steel Plan for benefits it had earlier paid by mistake, out of priority.  As the No-Fault carrier had rejected the Case Evaluation award prior to the filing of cross motions for summary disposition, it also appears that attorney  fees are recoverable for our client.  Kristi and Ed on Employee Benefit law, Bishop on Michigan No-Fault law, and Pete on Health Care issues, proved to be unbeatable resources.

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 major corporation in various acquisition and divestiture transactions involving developing technology.
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.

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.

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.

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

News
Health Care Attorney Kevin Wood Featured in Texas Medical Association Article on Investments in Medical PracticesClark Hill Attorney Andrew B. Turk Featured in AZ Business Leaders 2019Clark Hill PLC Receives National and Regional Tier 1 Rankings in the 2019 Edition of Best Lawyers, “Best Law Firms” Sixty-Six Clark Hill Attorneys Named 2018 Michigan Super Lawyers & Rising Stars143 Clark Hill Attorneys Selected for Inclusion in the 2019 Edition of Best Lawyers in AmericaClark Hill Attorneys Named 2018 “Leaders in their Field” by Chambers USAClark Hill Attorneys to Present at the 2017 MCMCFC Spring Management ConferenceClark Hill Princeton Welcomes Attorney Jeanne StiefelClark Hill Attorney Andrew B. Turk Named Top AZ Business Leader by AZ Business MagazineClark 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, 2016Clark Hill Attorney Andrew B. Turk Named 2016 Top 100 Lawyers in Arizona by AZ Business MagazineClark Hill Attorney Gerald “Jud” E. DeLoss to Teach Health Data Class at Northwestern University Law School February 4, 2016Clark Hill Attorney Gerald “Jud” E. DeLoss to Present at American Health Lawyers Association Physicians and Hospitals Law Institute on February 8, 2016 in Austin, TXClark Hill Health Care Attorneys to Present “The Economics of Medical Practice Under HIPAA/HITECH” Webinar Sixty-Six Clark Hill Attorneys Selected for the 2015 Super Lawyers Business EditionTwenty-Eight Clark Hill Attorneys Named to DBusiness Magazine's 2016 Top Lawyers ListSixty-Five Clark Hill Attorneys Named to Michigan Super Lawyers 2015 ListClark Hill Attorney Scott D. Braun Presented at Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting August 14, 2015Clark Hill Attorney Gerald “Jud” E. DeLoss to Present at HMFA Webinar on MACRA Legislation Overview on September 15, 2015Clark Hill Attorney Jeremy D. Bowen Co-Authored Chapter in “Physician Law: Evolving Trends & Hot Topics 2015” For the ABA Health Law SectionClark Hill Attorney Gerald “Jud” E. DeLoss to Present in Live Broadcast During American Health Lawyers Association Annual Meeting June 30, 2015Clark Hill Attorneys Gerald “Jud” E. DeLoss and Gregory W. Moore to Present at the American Health Lawyers Association Annual Meeting June 29 – July 1, 2015 in Washington DCClark Hill Attorneys Jason R. Canvasser and Serene K. Zeni Present Webinar to Michigan Association of Neuropathic Physicians June 15, 2015Clark Hill Attorneys Peter J. Domas, Steven K. Girard, and Nicole M. Paterson to Present During the 2015 MCMCFC Annual Spring Management Conference Tuesday, June 2Clark Hill Health Care Practice Group Announces Membership in the Illinois Alcoholism and Drug Dependence Association Veteran Health Care Attorney Gerald ‘”Jud” DeLoss Joins Clark Hill ChicagoClark Hill Attorneys' Article "Managed Care Litigation and the Affordable Care Act" Named to "The Best of ABA Sections"Clark Hill Attorneys Joseph Friedman, Neda M. Ryan, Elizabeth Collura and Jeremy D. Bowen Published in The Health Lawyer Clark Hill Phoenix Continues to Grow with Two New Additions Clark 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 David M. Cessante to present at the 2014 Michigan Health Care Human Resources Conference in East Lansing May 1stClark Hill Attorney Joseph Friedman Participates in AHLA Institute for Health Plan Counsel – April 9, 2014Clark Hill Attorney Reginald M. Turner to Present on Managing Retiree Health Benefits for the Michigan Public Employers Labor Relations Association March 7, 2014Clark Hill Attorneys Gregory W. Moore and Peter J. Domas Presented at the HCCA Managed Care Compliance Conference
Articles
Corinne Smith quoted in Health IT Security - "Biggest Challenges, Lessons Learned from Health Cybersecurity in 2018" Andrew Turk Named 2017 Top AZ Business Leader by AZ Business MagazineRelationships & the Law Today: Protecting Your Interest in Shared Assets after Blumenthal v. Brewer - Windy City Times, October 19, 2016Relationships & the Law Today: Married on Sunday, Fired on Monday: Recent Developments in Employment Law - September 21, 2016Jud DeLoss Quoted in Alcoholism & Drug Abuse Weekly: Illinois residents with good insurance targeted by Florida provider – June 13, 2016Gerald DeLoss Quoted in "How Electronic Health Records Can Hurt You in Malpractice Suits" By InsureonTop 10 Health Law Issues 2016 by AHLA Connections Health Attorney Gerald DeLoss: Data Sharing, Use Agreements in the Midst of an Evolution (Q&A) in FierceEMR - February 5, 2016Gun safety: HIPAA change allows providers to report on some mentally ill patients No Pharmacist Duty to Monitor Patient Prescription History by Courtney Posnik in IAHA Magazine Overpayments: Key Issues Physicians Should Consider, Legal Matters, The ChicagoDoctor.com - Part 2 of 2Overpayments: Key Issues Physicians Should Consider, Legal Matters, The ChicagoDoctor.com - Part 1 of 2Relationships & Law Today: Healthcare Decision-Making for the LGBTQ Community - August 12, 2015The Hospital Readmission Reduction Program: Fraud and Abuse Concerns - Spring 2015Story Behind 'The SGR Fix' in 900 Words or Less - Healthcare Michigan, May 2015Patient-Physician Confidentiality: 'Til Death Do Us Part?A Crystal Ball: Managed Care Litigation in Light of the Patient Protection and Affordable Care Act, The Health LawyerHealth Care Without Borders in DBusiness, November-December 2014Thinking of Investing In, or Renting Space In, an ASC? Have You Taken Compliance into Consideration?"Not-So-Friendly Competition" in Sleep Review: The Journal for Sleep SpecialistsHow to Legally Break Up With Your PatientManagement and Third-Party Billing CompaniesManagement and Third-Party Billing Companies Hospital Incentives to PhysiciansHospital 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 KnowA Survey of State Prompt Pay Laws, Part IWhat You Need to Know About the Supreme Court's Decision on Health Care ReformSocial Media Policies: Do I Really Need One?Five 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 Audits
Presentations
Webinar: The Economics of Medical Practice under HIPAA/HITECHWebinar: Entrepreneurial Medicine: Opportunities to Enhance Your Practice and Bottom LineWebinar: Physician Compensation Reform: How You Will Get PaidPhysician Webinar Series
Media
Nursing Home Litigation with Andrew Turk By The Legal Broadcast Network