Healthcare, Regulatory Transactions & Telehealth
We represent the full range of healthcare entities – from individual physicians and telehealth providers to device makers and hospital systems – in their regulatory and transactional issues across the United States. We routinely assist our clients in identifying and resolving regulatory and compliance issues to keep their operations running smoothly; and we counsel them in transactions to help them thrive in the changing healthcare environment. Our lawyers are deeply knowledgeable in the Stark Law, the Anti-Kickback Statute, the corporate practice of medicine, privacy laws, and the myriad federal, state and local regulations unique to the healthcare industry.
We have extensive experience advising on regulatory and compliance issues at both the state and federal level, including overpayment disputes, fraud and abuse investigations, provider suspensions, contract terminations, government investigations, Medicare and Medicaid self-disclosures, and licensing and certification issues.
Our experience includes:
- Evaluating and developing compliance policies and risk assessment procedures
- Disciplinary matters before state licensing boards
- Managing reimbursement disputes, including Medicare and Medicaid self-reporting obligations
- Medicare and Medicaid hearings and appeals before the Provider Reimbursement Review Board, the Medicare Office of Hearings and Appeals and state agencies
- Compliance with the False Claims Act
- Responding to government investigations
- Compliance with HIPAA, HITECH, 42 CFR Part 2 and state privacy laws
- Conducting employee training programs
- Challenging adverse surveys
We advise on mergers and acquisitions, enterprise structure and governance, divestitures and affiliation arrangements, business and corporate reorganizations, and services and practice management joint ventures in the nonprofit and for-profit healthcare arena.
Our attorneys have extensive experience advising on a variety of health care transactions, including:
- Stock purchases, asset purchases, and nonprofit changes of control
- Corporate reorganizations
- Health system acquisition of wholly owned subsidiaries
- Distressed entity purchases
- Negotiations with government agencies
- Mergers and acquisitions
- Joint ventures between physicians and other entities such as health systems and management service organizations
- Partnership agreements for physician groups
- Purchases and sales of physician practices, including but not limited to cardiology, imaging, and surgical
- Business transactions involving licensing, e-commerce, and privacy issues, including issues unique to telemedicine
- Emergency department contracting agreements and relationships
We guide entrepreneurs, investors, and other market entrants in achieving compliance within the rapidly growing telehealth industry. Emerging telehealth companies rely on our deep understanding of the regulatory landscape and the rules of 50-state licensing and compliance to introduce their innovative therapies and products to patients. We highlight key concerns for telemedicine joint ventures and areas of enforcement, ensuring health startups can identify issues and protect commercial viability, scalability, and market sustainability. Recent transactions and matters include the design and implementation of 50-state network infrastructure, joint venture agreements, and deal guardrails for telehealth clients focused on mental health, weight loss, health coaching, direct-to-consumer drugs, stem cell therapies, medical marijuana, and other areas.