Increased competition, opportunities for growth, regulatory compliance, privacy, and professional ethics are but a few of the many complex legal issues which medical professionals and health care businesses must deal with on a daily basis. At Wooden & McLaughlin, we not only handle such subjects but also the full range of corporate, regulatory, transactional and dispute resolution needs of the health care industry.
In helping our health care clients succeed, we can organize appropriately staffed teams of attorneys skilled not only in health care law, but also corporate, insurance, employment, professional liability, and real estate matters. We have broad experience in the full range of corporate organization and governance activities.
We also provide health care clients a wealth of experience in the areas of:
- Commercial litigation
- Contract drafting and negotiation
- Employment law subjects, including discrimination, wage and hour, hiring, evaluation, counseling, discharge, and workforce restructuring
- Organizational and structural matters
- Real estate acquisitions and dispositions, construction and development
- Regulatory practice
- Risk management activities
Representation of hospitals, physician practices and individual health care providers has long been a part of our practice. Our experience and expertise includes representation of our health care provider clients in all types of dispute resolution proceedings including arbitration, administrative and judicial litigation.
For many years, our lawyers have represented hospitals and doctors in matters related to the organization and operation of medical staffs, the appointment and credentialing of health care professionals, peer review and corrective action proceedings. We have extensive litigation experience in matters arising out of physician recruitment, employment and termination of employment, and in particular, disputes involving covenants not to compete and tortious interference of contracts.
Because health care clients operate in a business and professional environment that is extensively regulated by federal and state regulations, we provide representation to our clients in licensure issues and many other matters arising out of the regulation of their operations and payment for their services. As a part of this representation, we provide counseling as well as litigation services in federal Anti-kickback and Stark disputes as well as False Claims Act litigation.
We are well-versed in regulatory compliance, regularly addressing issues such as:
- The Ethics and Patient Referral Act (Stark)
- Loss of licensure for institutions and individual providers
- Maintenance of tax exemption under Section 501(c)(3) of the Internal Revenue Code
- Medicare and/or Medicaid decertification
- The Medicare and Medicaid Anti-Kickback Statute
- Medical records
- State self-referral laws
We aide providers of all types in:
- Obtaining required licenses and certification
- Assuring compliance with licensure standards, Medicare Conditions of Participation, accreditation standards and other licensure-related regulatory requirements
- Negotiating with governmental regulators
- Preparing corrective action plans that address cited deficiencies
- Analyzing how various contemplated business arrangements are impacted by licensure issues
- Determining how reimbursement can be maximized with appropriate licensing, certification and accreditation and credentialing standards in mind
- Representing clients in receiving and maintaining certification within the Medicare and Medicaid programs
- Assisting in defending against alleged violations of standards and/or regulations