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About this industry

Description

Today's healthcare organizations are navigating unprecedented complexity. Having counseled more than 1,800 healthcare clients, we offer deep industry experience and established best practices to help our clients adapt to emerging industry labor and employment challenges and regulatory demands.

Our 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.

Our 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.

Related capabilities and tools

Services we offer

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.

  • 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 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.

Keeping pace with industry concerns

This Healthcare Industry Webinar Series discusses key issues, hot topics and best practices for navigating the evolving healthcare industry landscape. 

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Keeping Pace with Industry Concerns: The Impact of State and Federal Restrictions on the Use of Non-Compete Agreements in the Healthcare Industry

This session we discuss the status of non-compete covenants in light of the anticipated release of the FTC final rule.

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How to Work With Medicare While Managing Your Bottom Line

This session we discuss the latest issues surrounding 340B monitoring and compliance as well as strategies to maximize physician expectations regarding WRVU thresholds.

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Responding to Negative Patient Reviews

Join us as we discuss the latest right-of-access enforcement actions and social media strategies when responding to online negative patient reviews.

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Executive Compensation

This session will focus on how tax-exempt healthcare institutions can structure executive compensation arrangements in a way that does not jeopardize the taxation status of the organization.

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Medical Issues and Impaired Practitioners

This webinar will discuss legal considerations and strategies when addressing accommodations and fitness for duty concerns that may arise when a practitioner experiences medical issues and/or impairments that potentially impact their performance or ability to practice.

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Peer Review and Credentialing

This discussion will focus on the legal and practical issues that make managing employed physicians different from other employees, including how to navigate the sensitivities around peer review and related processes.

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Labor Issues in Healthcare

This webinar will discuss the current labor work and capabilities in healthcare, organizing trends, NLRB developments and challenges and practical advice unique to healthcare clients.

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Navigating ACGME Processes Through the Employment Lens

This session discusses the intersection between employment law and ACGME requirements for residency programs.

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Litigating Out-of-Network Provider Claims

This webinar focuses on the most common claims out-of-network providers file and the core defenses insurers and self-funded plans typically raise.

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Why Worker Wellness Matters

This session offers a mindful discussion with the goal of helping you identify ideas and resources to increase your own overall well-being and that of your organization. Learn how wellness is aligned with the American Bar Association (ABA) Model Rules of Professional Conduct regarding competency and ethical decision-making. 

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Marijuana and Drug Testing Issues in the Healthcare Workplace

This session covers the latest legal trends in marijuana laws across the country, including whether and when drug testing for marijuana is permissible. 

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The H-1B Lottery: The Process for Nurses and Healthcare Professionals

The healthcare industry has been dealing with an ongoing shortage of trained professionals for more than a decade. This webinar offers practical advice on the H-1B lottery and reviews whether the lottery remains a primary option for nurses and other healthcare professionals.

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What Academic Medical Centers Need to Know about Title IX

This session discusses Title IX and the unique considerations specific to Academic Medical Centers.

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Accessibility and Equity in Healthcare and Gender-Affirming Care

As the industry continues to evolve, access to healthcare remains a key challenge. This session discusses accessibility laws, transition-related services, and enforcement and compliance in the healthcare industry. 

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