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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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October 23, 2017

Illinois Nursing Home Faces Employee Class Action Based on State Biometric Privacy Act

October 23, 2017

Alleging that mandatory daily biometric fingerprint scans violate employees’ privacy rights under the Illinois Biometric Information Privacy Act (BIPA), employees of Paramount of Oak Park Rehabilitation & Nursing Center, LLC, have filed a putative class action against the nursing home. The BIPA requires companies that collect and... Read More

October 19, 2017

Top Five Labor Law Developments for September 2017

October 19, 2017

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S. Court of Appeals for the Second Circuit has held. NLRB v. Long Island Ass’n for AIDS Care, Inc., No. 16-2325 (2d... Read More

October 18, 2017

New York City Council Expands Earned Sick Time Law to Include Safe Time

October 18, 2017

New York City’s Earned Sick Time Act (also known as the Paid Sick Leave Law) will require employers to allow employees to use paid time off for “Safe Time” under an amendment (Int. 1313-A) passed by the New York City Council on October 17, 2017. Under the revised law (the “Earned Safe and Sick Time Act”), employers will be required to... Read More

Showing 1-3 of 147