Health & Hospital Law

Few fields are as highly regulated, closely monitored, financially and technologically complex and rapidly changing as the healthcare industry.  Our attorneys have broad experience in all aspects of health and hospital law, including administrative, civil and criminal matters.

We counsel facilities such as hospitals, nursing homes, home health agencies, physicians and physician groups, helping them to resolve complex and diverse problems.  We make every effort to achieve negotiated solutions to these conflicts.  However, should litigation arise, we are well equipped to advocate tenaciously on behalf of our clients.  We have particular experience with litigation involving white-collar criminal defense.

When appropriate, we team up with Saiber lawyers specializing in related practice areas, including antitrust, construction law, employment law and securities law.  This enables us to provide a broad range of health law services, including:

  • Structuring business relationships
  • Liability and risk assessment
  • Corporate and physician compliance programs
  • Adverse licensure actions
  • Compliance with federal and state regulations
  • Patient privacy and HIPAA compliance
  • Professional staff discipline
  • Corporate finance
  • Fraud and abuse investigations
  • Guardianship and end-of-life decisions
  • Employee hiring, discipline and termination
  • Product liability defense
  • Representation before government entities
  • Tax, estate and business succession planning
  • Defense of government prosecutions

The Changing Healthcare Landscape:  Obamacare

The Patient Protection and Affordable Care Act (PPACA or Obamacare) changed the healthcare landscape, especially for employers.  With PPACA as a substrate, and overlapping state and federal agencies involved in a dynamic regulatory matrix, we provide clarity from two points of view - that of employers, and that of healthcare providers, from facilities of all types to suppliers.  Because healthcare is so central to business, we understand that our counseling must comprehend many areas of the law to help our clients be successful.  For that reason, our healthcare team is composed of lawyers with diverse areas of legal knowledge in addition to healthcare law, who act in all phases of the legal process, from counseling to transactions to litigation.

Healthcare Law for Employers

While health insurance and other employee benefits have always been important concerns of employers, the effects of PPACA influence nearly every business decision you make and operation you manage.  From employment decisions to mergers and acquisitions, financing and tax planning, we understand that employers need active and multifaceted advice on the short and long term implications of PPACA on day to day operations, compliance and business strategy.  To help our clients cope with timing and compliance issues, we provide counseling, educational programs and client alerts to assist with questions, such as:

  1. Am I required to provide health insurance for my employees? For their spouses? For their dependents?
  2. What do I need to do if an employee wants to enroll in an exchange instead of my company's plan?
  3. What new records should I be keeping because of the Act?
  4. What are the new reporting requirements?
  5. What happens if the State I am in does not have an exchange?
  6. How could I lose grandfathered status?
  7. Does the health insurance that I currently offer to employees comply with the Act?
  8. What penalties will be imposed on employers?