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
Long Term Care
Long term care refers to a broad range of services provided by skilled and intermediate care nursing facilities, long term acute care hospitals, assisted living centers, senior housing, home health care and services, hospice care, and continuing care retirement communities among other providers.
Long term care providers face distinctive challenges because of the extended time that care is provided, the complex relationships that develop between providers, residents and residents’ families, the expectations of the baby boomer generation regarding the quality of services and the media challenges that such providers face daily.
As a result of representing a broad range of nonprofit and for-profit long term care providers over the last 20 years, Clark Hill attorneys possess the necessary experience, expertise, and backgrounds to assist long term care providers to maintain the balance between resident care and regulatory oversight. The dedicated team focuses on representing skilled nursing facilities, assisted living facilities, board and care facilities, home health and services providers and hospice care providers in civil lawsuits that include claims of elder and dependent adult abuse/neglect, medical malpractice, wrongful death, violation of patient rights, negligent hiring, training and supervision, fraud, etc. Plaintiffs in these cases are looking to recover general damages, damages for pre-death pain and suffering, statutory penalties for violations of patients’ rights, attorneys’ fees, and punitive damages.
The wide range of services provided by our long term care attorneys also includes:
- Handling resident rights complaints, complaint investigations instituted by state and/or federal agencies, plans of correction and survey appeals.
- Helping to comply with privacy, security, and breach notification requirements for healthcare data under HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH) and applicable state laws.
- Explaining to patients/residents/consumer and their family members the limits of what can be done for patients/residents/consumers with multiple medical issues.
- Creating and executing on plans of correction resulting from complaint investigations and surveys and maintaining compliance with those plans.
Our attorneys can also assist clients with certificates of need, Medicare and Medicaid reimbursement issues, and medical staff relationships.
We can also assist with acquisitions and sales of facilities, labor and employment issues, and vendor or supplier contracts, among other legal issues unique to long term care providers.
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
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.
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).
Managed Care and Health Care Industry Litigation - Counseled clients and litigated third party reimbursement and accounting for reimbursement issues.
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 - Antitrust litigation experience includes representing clients in the insurance, health care, soft drink, construction, manufacturing, hardware and building materials industries.
Managed Care and Health Care Industry Litigation - Litigated issues related to institutional providers’ Medicaid cost reports.
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
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 - 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.
Health Care Industry Litigation - Participated and litigated in several federal bankruptcy and state court receivership proceedings of hospitals.