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Health Care

Employers in the highly-regulated and diverse health care industry must address contractual, compliance, litigation, and other challenges and risks that flow from their products and services, geographical footprint, organizational structure, labor and employment relations, business practices and other conditions.

Overview

Our cross-disciplinary team of lawyers collaborates across state lines utilizing the firm’s broad areas of expertise to counsel our health care industry clients through these challenges, as well as to seize opportunities and develop preventive strategies. Our clients include for-profit, non-profit and faith-based acute care hospitals, behavioral health hospitals, nursing homes and other health care employers.

We have extensive experience advising health care industry employers on the full range of labor and employment issues, including litigating employment disputes; managing diverse workforces; collective bargaining negotiations, corporate campaigns and NLRB elections; leave of absence management and accommodations; and management training. We also defend wage and hour class action lawsuits, involving, among other issues, misclassification of exempt employees, per diem employees and independent contractors.

In addition, we provide the following services to health care employers:
  • Advising on organizational compliance and defending litigation before state and federal regulators in areas such as PPACA compliance programs, Stark Law, Federal Anti-Kickback, False Claims Act, EMTALA, NPDB, OIG Medicare audits, off-label marketing, and Medicare/Medicaid fraud and abuse;
  • Advising on HIPAA/HITECH/state law compliance concerning data privacy and security, including risk assessments, policy drafting, training, data breach response and Office for Civil Rights investigations;
  • Providing trade secret protection and restrictive covenant counseling, including advising on employment agreements, non-competition agreements and related protective instruments effective during and after employment;
  • Prosecuting and defending lawsuits involving post-employment non-competition and non-solicitation agreements, employee raiding claims, unfair competition claims and other employment-related business torts;
  • Advising on OSHA compliance in the health care workplace, addressing enforcement initiatives such as the National Emphasis Program targeting nursing homes and long term care facilities, with a key focus on ergonomics, tuberculosis and blood borne pathogens; and
  • Providing advice and counseling with respect to hospital/physician relationships in matters such as credentialing, hospital/medical staff governance, physician peer review, hospital/physician joint employment issues and physician partnership agreements.
Our expertise extends to traditional health care industry participants, as well as the many businesses that service those participants. These include:
 
  • National, regional and local hospitals and related entities, including public hospital districts, university-affiliated and teaching entities, offering acute, sub-acute, hospice, diagnostic, rehabilitation and/or other health related services, whether for-profit, non-profit or faith-based including:
    • Long-term care facilities, nursing homes, senior and assisted living providers, and continuing care retirement communities;
    • Physician practice groups, occupational health centers and other professional practice groups;
    • Behavioral health hospitals, substance abuse treatment facilities and community-based mental health services; and
    • Home care, palliative and other community-based health services.
  • Pharmaceutical manufacturers and related companies;
  • Medical device and equipment manufacturers;
  • Health-related technology companies, including cloud and EMR providers;
  • Retail, specialty, third-party pharmacies;
  • Health insurance issuers and related entities; and
  • Health care industry staffing and related entities.

The Team

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June 21, 2017

Top Five Labor Law Developments in May 2017

June 21, 2017

Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB No. 67 (May 16, 2017). The Board denied the Board General Counsel’s summary judgment motion in a case brought... Read More

June 15, 2017

Business Group Files Amended Complaint in Lawsuit Challenging Philadelphia Wage History Law

June 15, 2017

Philadelphia’s Wage History Ordinance, initially scheduled to take effect on May 23, 2017, remains on hold. The Ordinance has been subject to a federal court stay pending resolution of a lawsuit for a preliminary injunction brought by the Chamber of Commerce for Greater Philadelphia. The City of Philadelphia agreed to halt enforcement of... Read More

June 15, 2017

Oregon Enacts Expansive Pay Equity Law

June 15, 2017

The Oregon Equal Pay Act of 2017 greatly extends pay equity protections to a variety of protected classes, prohibits employers from asking for applicants’ salary history, and expands existing remedies available to employees. House Bill 2005 also offers key protections and a safe harbor for employers. The majority of the Act’s... Read More

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