We represent clients in a cross section of the industry, from hospitals and long-term care facilities to insurance companies and pharmaceutical manufacturers. Our attorneys counsel on regulatory, compliance, transactional, financing, benefits and compensation, and labor and employment matters.
Our attorneys serve as general and special counsel to hospitals, medical schools, physician practices, insurance companies, and other health care organizations. We represent self-funded and administered medical plans, third-party payers, and health care coalitions, and serve as borrower's and lender's counsel, bond counsel, and underwriter's counsel in health care facility financings.
Transactional and Regulatory
We advise clients on the formation and restructuring of health care systems through mergers and strategic affiliations. Our attorneys are involved in physician practice acquisitions and joint ventures and routinely negotiate and draft clinical and administrative contracts.
We advise on issues related to federal and state health care laws and regulations, including Medicare false claims, Stark and anti-kickback, HIPAA, Medicare Part D, EMTALA, and a variety of reform initiatives. We have assisted clients in matters relating to Medicare conditions of participation, graduate medical education reimbursement, Medicaid requirements, and licensure status and accreditation issues. Our work includes developing, updating, and assessing compliance programs and counseling compliance officers on marketing and sales practices, audits, and internal investigations.
Our attorneys have participated in billions of dollars of tax-exempt financings in 50 states and three territories. We have served as bond counsel, health system counsel, and underwriter's counsel to many of the nation’s leading health care systems. We also handle financings for community hospitals, specialty hospitals, medical schools, and academic medical centers and their affiliates.
Government Enforcement, Internal Investigations, and Litigation
Our attorneys handle internal investigations, government investigations, civil and administrative litigation, and defense of criminal matters. We also help clients avoid these issues by developing and implementing internal compliance and ethics standards.
We represent clients during all stages of health care fraud proceedings, from responding to government inquiries, subpoenas, and investigations through trial, if necessary.
We have been involved in significant health care antitrust and managed class actions and other health care litigation. We have developed a national practice advising and representing clients in complex commercial matters.
Labor and Employment
We serve as labor counsel for health care organizations with organized labor campaigns and collective bargaining negotiations involving nurses, residents, and other staff, ERISA litigation, and the day-to-day employment and medical staff issues that arise in the health care industry. We conduct on-site training programs for managers on labor and employment law topics.
Employee Benefits and Executive Compensation
Our practice, one of the largest in the country, advises employers on matters involving qualified and non-qualified retirement plans, health and welfare benefit programs, and a wide variety of executive compensation arrangements. We have a particular focus on employers in the health care industry, including health care systems, hospitals, and medical service organizations. We have offered a series of employee benefits and executive compensation symposia tailored to health care employers, particularly those that are tax-exempt.
Our attorneys have significant prior work experience with the Internal Revenue Service, U.S. Department of Labor, and Pension Benefit Guaranty Corporation.
We have experience in international, federal, state, and local tax matters and advise tax exempt hospitals and health care institutions on tax-exempt bonds, joint ventures with for-profit entities, Form 990 reporting requirements, unrelated business income tax reporting, real estate tax exemption, employment taxes, and mergers and acquisitions. We practice before the IRS and in the courts.
Our attorneys have represented numerous universities and teaching hospitals through all stages of development and expansion. We draft and negotiate construction contracts, obtain zoning and land use approvals and permitting, and handle eminent domain matters. Our real estate team handles financing, leasing, and construction matters and, together with our health care attorneys, addresses issues such as certificates of need, licensure, and reimbursement.
Environmental Issues and Medical Waste Management
We counsel on all medical and non-medical waste management issues, including regulatory compliance and enforcement actions. We assist clients in the siting of both captive and commercial medical waste incinerators and other waste processing facilities, and advise on the management of low-level radioactive waste. In the compliance area, we are experienced with underground tank, asbestos, hazardous materials management, PCBs, and off-site waste disposal issues.
Bankruptcy, Reorganization, and Capital Recovery
We represent creditors and debtors with asset recoveries and financial restructuring issues. Our attorneys advise on the transfer of licenses, certification for Medicare and Medicaid preparation, and changes in management, foreclosures, and the purchase of bankrupt health care facilities.
We work with universities, hospitals, and biotech companies in the development, protection, and marketing of all forms of intellectual property.
LIFE SCIENCES AND TECHNOLOGY
In addition to representing health care providers, our practice serves entities engaged in the development and application of new life science technologies. Our clients include public and private biotechnology and pharmaceutical companies as well as many venture capital organizations investing in the life sciences. We typically advise and represent clients on:
- Formation, financing, and structuring of corporations and other entities
- Licensing, distribution, and marketing agreements
- Joint ventures
- Strategic alliances
- Sponsored research and collaboration agreements
- Intellectual property protection
- Regulatory compliance
- Technology transfer
- Litigation involving information technology
PRIVACY AND DATA SECURITY
Our health care attorneys work in tandem with our Privacy and Data Security Group on information technology contracting, contracting with electronic medical record vendors, health information exchanges, and other health information technology (HITECH) projects and ventures.Our HIPAA/HITECH team represents health care providers, health plans, and business associates in implementing HIPAA/HITECH compliance programs, undertaking data security assessments, preparing breach response plans, conducting breach assessments and notifications, and advising on the use of data for research, marketing, and other purposes.
Jean C. Hemphill