McAfee & Taft assists businesses in the healthcare industry in all aspects of their operations. Our lawyers have expertise in the industry’s unique regulatory environment as well as the tax, employment, environmental, litigation and general business ramifications of our clients’ operations.
We have considerable experience in assisting hospital and healthcare clients with licensing and regulatory matters, certification and accreditation, physician and medical staff relationships, board responsibilities, board policies, tax-exempt status matters, employee benefits issues, HIPAA, EMTALA, labor and employment issues, reimbursement, contracting, Medicare/Medicaid fraud and abuse, physician self-referral matters, health plan contracting, network development, physician employment, medical records matters and antitrust. We regularly prepare medical staff bylaws, fair hearing plans, credentialing plans, medical staff policies, and related documents for hospitals, ambulatory surgery centers, and clinics.
Our expertise and experience in representing clients in administrative and regulatory compliance matters encompasses a broad range of services, including:
- Advising clients on all aspects of the laws governing their organization and internal operations and providing counsel on optimal organizational structures.
- Advising clients on compliance with covenants in their financing documents.
- Preparing contracts to satisfy all types of general administrative needs and regulatory compliance.
- Assisting clients of all sizes in the development and implementation of corporate compliance plans that may be limited to healthcare regulatory issues or encompass other compliance issues such as antitrust, environmental issues and labor and employment.
- Representing healthcare providers in government investigations and in civil and criminal prosecutions involving white collar crime. This includes assisting in the defense of search warrants, negotiations with prosecutors and suspension issues and assisting in the preparation of compliance audits and the development of plans of correction.
- Advising hospitals, nursing facilities, home health agencies and hospices in connections with licensure and accreditation surveys and plans of correction.
- Assisting clients in obtaining and maintaining the appropriate licenses and accreditations for their operations and in the case of changes in ownership.
- Representing applicants for certificates of need before the health department, including hearing officers and on appeal.
- Advising clients in matters of wage and hour matters, wrongful terminations, EEO obligations, union organizing activities, OSHA requirements, executive compensation, fringe benefits, ERISA obligations and other employment and benefit matters.
- Counseling healthcare industry clients on matters involving regulatory compliance with environmental laws in the context of ongoing operations and business transactions and representing them before governmental agencies that legislate and enforce environmental laws.
Our lawyers are available to provide a comprehensive range of legal services:
- Acquisitions/Divestitures of Healthcare Businesses
- Administrative and Regulatory
- Affiliations and Strategic Alliances
- Anti-Kickback and Stark
- Board of Trustees Matters
- Bond Financing
- Business Negotiations
- Certificates of Need
- Corporate and Operational Work
- Corporate Restructuring
- Credentialing and Peer Review
- Environmental and Air Quality
- ERISA and Employee Benefits
- Executive Compensation
- Facilities Development
- Financing Arrangements
- Government Investigations
- Health Plan Contracting
- HMO and Health Plan Regulation
- Home Health Agencies and Hospice
- Information Systems
- Insurance/Payer Arrangements
- Intellectual Property (Patents, Trademarks)
- Joint Ventures
- Labor and Employment
- Licensure and Regulation
- Litigation and Arbitration
- Loan Transactions
- Long-Term Care Facilities
- Medical-Ethical-Legal Issues
- Medical Malpractice and Negligence Defense
- Medical Records and Documentation
- Medical Staff Documentation
- Medical Staff Hearings
- Mergers, Reorganizations
- Physician Relationships
- Private Placements
- Professional Services Arrangements
- Real Estate, Construction and Development
- Risk Management
- Securities Law Compliance
- Strategic Planning
- Tax and Tax-Exempt Status
- Technology Transfer
- Venture Capital Financing