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Healthcare

Employers in the highly-regulated and diverse healthcare 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 healthcare 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 healthcare employers.

We have extensive experience advising healthcare 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 healthcare 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 healthcare 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 healthcare 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
  • Healthcare industry staffing and related entities.

The Team

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September 15, 2017

Employers Increasingly Targets of Illinois Biometric Information Privacy Act Lawsuits

September 15, 2017

Although the Illinois Biometric Information Privacy Act has been the law in Illinois since 2008, in the past year, there have been at least 12 class actions filed against employers in Illinois state and federal courts seeking to redress alleged violations of the Act. With recent advances in technology, the use of biometric data has... Read More

September 15, 2017

California on Brink of Further Expansion of Fair Pay Protections

September 15, 2017

California’s legislature is close to passing three bills to expand the state’s fair pay laws. The bills, introduced in early 2017, were designed to expand upon, or clarify, the amended California Fair Pay Act (CFPA). The bills include: Assembly Bill (AB) 1209: To require employers with at least 500 employees in California to... Read More

September 12, 2017

Top Five Labor Law Developments for August 2017

September 12, 2017

Employees had no right to union representation in their employer’s peer review committee proceedings, the U.S. Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical Center v. NLRB, No. 15-1312 (D.C. Cir. Aug. 18, 2017). The employer, a hospital, used a peer review committee... Read More

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