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Navigating the Changing Sea of Health Care Regulation

Health care providers striving to provide quality health care face enormous legal challenges and risks. Likewise, health plans, medical device manufacturers and others in the healthcare industry need to be aware of the often-changing sea of regulation. The knowledgeable health care law attorneys at Felhaber Larson can help decipher the latest legal developments and provide practical solutions and approaches for staying in compliance with applicable state and federal health care laws.

Our services cover key health care law practices, including:

Service to Clients Throughout the Industry

Felhaber’s health law attorneys have been working with the health care industry in the Upper Midwest for more than 60 years. Our longstanding representation of major health systems and provider groups throughout the region bringing the added benefits that working with such a large and diverse client group provides. And, as a top health law firm in the region, we also represent a variety of clients, including:

  • Ambulatory surgery centers
  • Assisted living facilities
  • Clinical labs
  • Dentists and other oral care professionals
  • Health industry executives
  • Home health providers
  • Hospitals
  • Medical device manufacturers
  • Medical technicians
  • Mental health professionals
  • Nurses
  • Nursing homes
  • Outpatient clinics
  • Pharmacists
  • Physical and occupational therapists
  • Physicians and surgeons
  • Physician groups
  • Third-party payers
  • Vision care professionals

Felhaber Health Care Law Experience

Our Health Law team understands the legal ramifications of the administrative and compliance issues facing the industry today. And, if the need arises, our trial attorneys are experienced in the intricacies of medical malpractice litigation, false claims, anti-kickback white collar criminal defense, and other healthcare defense litigation. Our expertise includes:

BENEFITS & COMPLIANCE

  • Accountable care organizations– representing providers in joinder of ACOs evaluating compliance with FTC, OIG and other regulatory requirements.
  • Administrative law– representing clients in licensing board actions, MDH investigations and CMS and OIG audits
  • COBRA compliance– representing health plans and employers in compliance with changing requirements
  • Compliance plans– drafting and reviewing compliance plans to help clients stay in compliance with the law
  • Employee benefits– advising employers and payers on deferred compensation programs, cafeteria plans, health savings accounts, and other employee benefits
  • False Claims Act/Medicare and Medicaid fraud and abuse– advising clients on billing audits and issues, contracting and structuring transactions to avoid false claims, and defense of anti-kickback, Stark III laws and false claims
  • Healthcare trusts– assisting in the creation and management of trusts
  • HIPAA and HITECH– training, compliance plans, business associate agreements, notice of privacy practice, breach notification analysis, defense of claims
  • Medical staff bylaws– drafting, review, representation of providers in medical staff actions
  • Nonprofit governance– formation of nonprofits, by-laws, conflict of interest policies, tax exempt applications and other legal issues
  • Regulatory compliance matters– EMTALA, pay-for-performance, HIPAA, CLIA, Stark III, medical research and FDA regulations

BUSINESS & OPERATIONS

  • Business transactions between providers– physician hospital services agreements, physician recruiting policies and agreements, joint ventures
  • General health law matters– advising clients on such matters as informed consent, gainsharing, and consent for minors
  • Labor and employment law for health care organizations– negotiating labor contracts, labor arbitration and defense and advising providers on labor and employment law issues
  • Mergers and acquisitions– integrated delivery, mergers of medical groups and other providers
  • Tax-exempt bond financing– representing hospitals in tax-exempt financing transactions

LITIGATION

  • Anti-kickback
  • False claims
  • Malpractice defense– advising and representing providers in malpractice cases
  • White collar criminal defense

Results & Representations

  • Negotiated EMR license agreements for health systems
  • Represented health system in sale of nursing home
  • Represented multiple health systems in physician practice integration
  • Represented physician groups and hospital systems in establishing ambulatory surgery centers as successful joint ventures
  • Represented pediatric group in sale of practice to Children’s Hospital
  • Represented a medical practice (rheumatology and neurology) in civil and criminal Medicare fraud investigation involving the U.S. Department of Justice. Obtained declination of criminal charges, negotiating resolution of civil claims.
  • Represented a physician accused of offensive touching of a female patient before the Minnesota Medical Board; complete exoneration.
  • Represented physician in successful defense of multiple RAC audits
  • Represented an x-ray technician accused of offensive touching of a female patient in investigation by Minneapolis Police; no charges brought.
  • Represented psychiatrist accused of Medicare fraud in a criminal investigation; obtained declination of all charges.
  • Tried civil qui tam (False Claims Act) case to jury verdict; got most damages reversed on appeal.
  • Conducted internal investigation for medical device maker into allegations that sales force was engaging in improper marketing practices in violation of government regulations; avoided federal investigation.
  • Represented officer of a medical device manufacturer in a grand jury investigation.
  • Represented 24 employees of a medical device manufacturer in a grand jury investigation; no charges brought against any of them.

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