We handle a variety of civil health care investigations involving the Stark and anti-kickback statutes, the civil False Claims Act and applicable state laws. Our attorneys have represented companies before both federal and state regulatory agencies, and have extensive experience representing hospitals in connection with audits of payment claims. Whether the matter requires delicate interaction with government investigators, a voluntary disclosure or an aggressive litigation stance, our multidisciplinary group is well positioned to vigorously represent our clients.
Stradley Ronon’s commercial litigators represent health care clients in a broad range of commercial disputes. We are known for our innovative approaches to evaluating business disputes and setting a course for efficient, cost-effective resolution that achieves our clients’ objectives. Our litigators have a long track record of successfully defending hospitals, physicians, nurses and various other health care providers and entities faced with medical malpractice and professional liability claims.
Our attorneys have deep experience addressing the tax structuring, valuation and other needs unique to tax-exempt health care organizations. In addition to forming nonprofit medical schools, hospitals, nursing homes and supporting organizations for assisted-living facilities, we have applied for federal tax-exempt status for clients and obtained sales and real estate tax exemptions for tax-exempt clients. Our lawyers have assisted tax-exempt clients in responding to tax audits and counseled clients on issues relating to intermediate sanctions, private inurement and private benefit. We have also obtained favorable rulings for tax-exempt clients from the IRS, as well as state and local agencies, on the tax consequences of various transactions.
Day-to-Day Legal Counseling
We regularly advise health care providers on strategic planning, new service development, risk management, physician recruitment, physician credentialing, peer review, and Medicare and Medicaid billing and reimbursement issues. Our attorneys also counsel health care clients on a full range of employment and labor law issues, including restrictive covenant issues, physician disputes and employment discrimination complaints, among others.
Similarly, our intellectual property lawyers have knowledge and experience in many facets of the biomedical arts, and regularly assist health care clients with drafting and prosecuting patent and trademark applications, filing copyright registration applications, protecting trade secrets and avoiding infringing the intellectual property rights of others.
We advise clients on all of the significant health care statutes enacted over the past six decades:
The Social Security Act Amendments of 1965 were passed, establishing the Medicare and Medicaid programs.
The Anti-Kickback Statute was passed, prohibiting the exchange or offer to exchange of anything of value in an effort to induce or reward the referral of federal health care program business.
The Stark Law was passed, prohibiting physicians from making referrals of designated health services to entities with which they, or their immediate family members, have a financial relationship, unless the relationship is covered by a statutory or regulatory exception.
The Health Insurance Portability and Accountability Act (HIPAA) was passed, creating national standards for the privacy and security of patient health information.
Both the Health Information Technology for Economic and Clinical Health (HITECH) Act and the Fraud Enforcement and Recovery Act (FERA) were passed. The HITECH Act strengthened HIPAA’s existing privacy and security requirements, and promoted and expanded the adoption of electronic health records by providers. FERA combated health care fraud by expanding the reach of the False Claims Act to a broader array of transactions.
The Patient Protection and Affordable Care Act was passed, providing a dramatic overhaul to the U.S. health care system.
We represent the full range of health care clients, including:
- hospitals and multi-provider networks
- academic medical centers and teaching hospitals
- acute care community and specialty hospitals
- durable medical equipment and other suppliers
- group purchasing organizations
- health plans
- health professional societies and associations
- home health and hospice providers
- hospitals and multi-provider networks
- long-term health care facilities
- managed care organizations
- payment professionals
- physician group practices
- provider and medical service organizations
- research compliance services
- retail pharmacies