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Healthcare

Healthcare organizations expect to retain only those lawyers who can manage the full scope of their organizational needs. Having counseled more than 1,800 healthcare clients, we offer deep insights on emerging industry labor and employment challenges, as well as established best practices to assist our clients in navigating the complex environment facing the healthcare community today.

Overview

The Jackson Lewis P.C. Healthcare Industry Team understands the impact that today’s changing regulatory and reimbursement environment has on healthcare institutions as employers and strategic partners. Value-based purchasing, population health management and “accountable care,” as well as the pressure on providers to consider restructures, enhanced consolidation, integration and coordination all play a role in the healthcare workplace. Because we understand that all of these factors are interconnected, we are able to partner with our clients, positioning them to thrive in a rapidly evolving industry.

Over 120 Jackson Lewis attorneys are focused primarily on addressing and shaping the issues that drive the healthcare industry. We keep clients up to date on the workplace law trends in the healthcare industry through active participation in national and regional associations.

We regularly advise healthcare industry employers on the full range of labor and employment issues, and, critically, how those issues uniquely affect all types of healthcare organizations and businesses. In addition, we provide the following services to healthcare employers:

  • Advising 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;
  • 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 clients on mitigating joint employer risk in connection with their subcontractors and temporary staff such as emergency department physicians and anesthesia service arrangements, dining and environmental services contractors, and travelers and other temporary staff arrangements, including locum tenens;
  • 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 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
  • 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.

Keep up with the latest industry news on our Healthcare Workplace Blog

The Team

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August 1, 2019

Healthcare Organizations, Is Your Patient Portal Secure?

August 1, 2019

Healthcare organizations’ traditional cybersecurity measures are insufficient against today’s cyberattacks, according to a report from LexisNexis® Risk Solutions and the Information Security Media Group released in July 2019. Even as healthcare organizations embrace new technologies (such as patient portals), the report shows that... Read More

July 24, 2019

Chicago City Council Passes Comprehensive Fair Workweek Law that Includes Predictable Scheduling

July 24, 2019

The Chicago City Council has passed the Chicago Fair Workweek Ordinance, which requires large employers to provide workers with at least two weeks’ advance notice of their work schedules and compensate workers for last-minute changes. Mayor Lori Lightfoot is expected to sign the Ordinance, which will become effective for most covered... Read More

July 19, 2019

New California Law Allows Sharing of Home Care Aides’ Contact Information with Unions on Demand

July 19, 2019

A controversial amendment to the California Home Care Services Protection Act (Home Care Act) requires the state Department of Social Services (DSS) to provide the names, phone numbers, and addresses of new or renewing registered home care aides (HCAs) to labor unions on request, unless the aides opt out. The new law, which raises... Read More

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