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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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January 13, 2017

Federal Court Enjoins Health and Human Services Department from Enforcing ACA Protections for Transgender Individuals

January 13, 2017

The Obama Administration was dealt a blow in its efforts to expand legal protections for transgender individuals relating to the receipt of health care services and health insurance under the Patient Protection and Affordable Care Act (“ACA”). Judge Reed O’Connor of the Northern District of Texas has issued a nationwide... Read More

December 7, 2016

New York Adopts Pathologists’ Assistants Law

December 7, 2016

New York State has adopted a new law that establishes the profession of licensed pathologists’ assistant. Governor Andrew Cuomo signed S.7932/A.10408 into law on November 28, 2016. The new law adds Article 168 to the Education Law. What is a pathologists’ assistant? The new law defines a pathologists’ assistant... Read More

December 2, 2016

New York Adopts Advanced Home Health Aide Law

December 2, 2016

New York State has adopted new law that establishes the advanced home health aide (AHHA) job designation. The AHHA program was first recommended in 2011. Governor Andrew Cuomo signed S. 8110/A.10707 into law on November 28, 2016. The new law amends sections of Article 139 of the Education Law (relating to the practice of nursing), as... Read More

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