LeClairRyan's Healthcare industry team is comprised of attorneys who are well-positioned to address the magnitude of issues affecting all segments of the healthcare industry, including group physician practices, community hospitals, small health systems, skilled nursing and long-term care facilities, urgent care facilities, home health companies, durable medical equipment suppliers and clinical labs, in a proactive and timely manner.
Several of our attorneys have previously worked for healthcare organizations as practitioners and executives, providing them with unique insights into the complex challenges healthcare providers face every day. From insurance compliance to taxation issues – and everything in between – our healthcare attorneys know how to best handle each issue they encounter because they have a practical understanding of the industry they serve.
Some members of our team also have worked for state and federal Attorneys General's Offices and regulatory agencies that govern the healthcare industry. This unique depth of experience enables us to anticipate regulatory agencies' actions and help our clients proactively prepare for the impact pending regulations will have on their practices and businesses. Indeed, many clients rely on our attorneys to serve as an early-warning system for regulatory changes coming down the pike; they know first-hand that we have the agility to sort through regulations quickly and provide prompt, sound advice.
Our healthcare attorneys also are constantly seeking clarity on regulations resulting from the Patient Protection and Affordable Care Act (PPACA), signed into law in March, and the Health Care and Education Reconciliation Act of 2010, which amends certain provisions of the PPACA. We develop strategic plans – both short term and long term – that protect healthcare providers and businesses' daily operations and maximize their potential growth. For example, our team members frequently advise clients on issues such as business funding grants, tax credits, incentive programs and healthcare insurance compliance requirements that are contained in the new federal healthcare legislation.
In addition to providing leading business counsel to healthcare companies nationwide, our attorneys possess a breadth of jury trial and appellate court experience and are skilled at representing clients in matters before entities such as state licensing boards, insurance credentialing committees and investigative agencies.
Members of our team also regularly distribute client alerts and publish timely articles in trade publications, providing healthcare practitioners, administrators and executives up-to-date information about how legal trends and legislative actions will affect their medical practices and business operations.
As healthcare attorneys, we work diligently with our clients to identify, address, and correct actions or oversights that could hinder their medical practices and businesses. When a client is confronted with a legal problem, we quickly triage the situation, make a preliminary diagnosis, prescribe a therapy, measure its effectiveness, and make the necessary recommendations to ensure it does not arise again.
Following is an at-a-glance list of the various ways we protect our clients' reputations and prosperity.
Private Insurer and Medicare and Medicaid Compliance
- Audits
- Billing and coding compliance
- Provider enrollment and certification
- Physician incentives, including ePrescribing and Physician Quality Reporting Initiative
- Reporting under Medicare, Medicaid, and SCHIP Extension Act and State Children’s Health Insurance Program (SCHIP)
Fraud and Abuse
- General false claims and fraud investigations
- Federal and state criminal and civil fraud litigation
- Stark Law and Anti-Kickback Statute
- Federal False Claims Act and Fraud Enforcement and Recovery Act of 2009
- Foreign Corrupt Practices Act
- Whistleblower (qui tam) claims under the Federal False Claims Act
- Office of Inspector General advisory opinions
- Off-label use of drugs and devices
- Health insurance
Corporate Healthcare
- Business transactions
- Purchase and sale of businesses
- Formation of medical practices
- Stockholder agreements, employment contracts and service agreements
- Joint ventures and dissolution
- Leases and real estate acquisitions and sales
- Mergers and acquisitions
- Buy-sell agreements
- Succession planning
- General counsel services
Patient Rights
- Health Insurance Portability and Accountability Act
- Health Information Technology for Economic and Clinical Health Act
- Emergency Medical Treatment and Active Labor Act
- End-of-life legal matters
- Access to medical records
- Guardianship issues
- Informed consent
Electronic Health/Medical Records Systems
- Counsel on vendor selection and implementation
- Negotiation of vendor agreements
- Training on proper documentation
- Pre-litigation services (including electronic discovery)
- Dispute resolution, arbitration and litigation
Information Technology and Telecommunications
- Acquisition (purchase and lease) of equipment
- Licensing of software
- Licensing of cloud computing applications and platforms
- Telecommunications products, services and network agreements
- IT outsourcing agreements
- Social media policies and practices
- Dispute resolution, arbitration and litigation
Administrative Credentialing and Peer Review
- Counsel on committee formation and ongoing activities
- Telemedicine licensure
- Disputes
- National Practitioner Data Bank and reporting of state board disciplinary matters
Licensure
- Investigations and administrative proceedings by state licensing boards
Labor and Employment
- Contract negotiation and collective bargaining
- Representation of employers in wrongful discharge actions
- Employee policies and handbooks
- ADA and Rehabilitation Act compliance
- OSHA compliance and enforcement
- Independent contractor vs. employee matters
- Compensation and benefits
- Immigration
- Advice on day-to-day employment issues
Risk Management
- Occupational and environmental safety
- Premise liability
- ADA compliance (pertaining to public access)
Taxation
- IRS compliance and enforcement
- Business advice and counsel
- Not-for-profit entities
- Civil and criminal defense
Academic Medicine
- Clinical research
- Environmental concerns (such as medical waste)
- Off-label use of drugs and devices
- Health claims
Litigation Services
- Medical malpractice defense
- Medical device and pharmaceutical products liability
- Virginia Birth-Related Neurological Injury Act
- Federal legislative advocacy
Certificates of Public Need
- Counsel on the necessity for filing a certificate of public need
- Counsel on concerns raised by the Commissioner of Health during the approval process
White Collar Representation
- Counsel on Stark Law and Anti-Kickback Statute compliance
- Assist healthcare providers in responding to requests from audit contractors for further billing documentation, retaining bill coding and accounting experts as necessary
- Represent healthcare providers in state Attorneys General’s investigations of alleged Medicaid fraud
- Represent municipalities against alleged Medicaid overpayments, negotiating a repayment process
- Counsel on Federal False Claims Act compliance and provide defense against qui tam allegations
- Counsel durable medical equipment and home health equipment suppliers on compliance with Medicare and Medicaid requirements pertaining to the sale and distribution of products as well as on service agreements with equipment providers
- Represent nutraceutical companies during FTC and FDA investigations regarding alleged improper claims of products