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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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February 12, 2018

New York Lawsuit Alleging Corporate Cover-Up at The Weinstein Company is a Lesson in What Not to Do

February 12, 2018

New York Attorney General Eric Schneiderman has filed a civil rights lawsuit against Harvey Weinstein, his brother Robert Weinstein, and their company, The Weinstein Company (TWC). The lawsuit, which details allegations of harassment and intimidation of TWC employees by Harvey Weinstein, was filed on Sunday, February 11, 2018, because... Read More

February 12, 2018

EEOC: Retaliation Tops Discrimination Charges Filed in Fiscal Year 2017

February 12, 2018

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September 30.) Retaliation has been at the top since FY 2010. A total of 84,254 charges were filed with the agency... Read More

February 12, 2018

New York City Expands Definitions of ‘Sexual Orientation’ and ‘Gender’ in Human Rights Law

February 12, 2018

A new law passed by the New York City Council amends and significantly broadens the definitions of “sexual orientation” and “gender” in the New York City Human Rights Law (NYCHRL). The new law will become effective on May 11, 2018.  Under Int. No. 1186-A, “sexual orientation” includes “an individual’s actual or perceived romantic... Read More

Showing 1-3 of 196