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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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November 13, 2019

Healthcare Employers’ Title VII Obligations in Harassment, Discrimination of Employees by Patients

November 13, 2019

Title VII of the Civil Rights Act requires healthcare employers to protect their medical staff and employees from harassment and discrimination and respond to any such behaviors swiftly and effectively, even if the actor is a patient, rather than a coworker or supervisor. A decision from the U.S. Court of Appeals for the Fifth Circuit... Read More

November 11, 2019

Two Federal Courts Strike Down Health and Human Services ‘Conscience Protection Rule’

November 11, 2019

Two federal courts have struck down the U.S. Department of Health and Human Services’ (HHS) “Conscience Protection Rule,” which was slated to go into effect on November 22, 2019. The Rule purported to enforce pre-existing “conscience laws” that protect the rights of certain employees of healthcare institutions that receive federal... Read More

November 5, 2019

Religious Accommodation and Patient Safety in Healthcare Industry

November 5, 2019

Title VII of the Civil Rights Act requires employers in the healthcare industry to provide a reasonable accommodation to employees’ sincerely held religious beliefs and practices. Common accommodation requests relate to: Exemptions from the flu vaccination Time off for Sabbath observance or to attend religious services Prayer... Read More

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