Healthcare Law

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Healthcare is one of the most rapidly changing, highly regulated fields of law. Our nation’s aging population, combined with expanding treatment modalities, exerts ever-increasing pressure on public and private sources of financing for healthcare services. The government regulates healthcare products and services in an effort to control costs and improve access and quality, using enforcement to support its agenda.

Encountering annual double-digit cost increases, employers and managed care plans are often faced with reducing coverage and reimbursement rates. Providers work to deliver quality healthcare services while combating diminished reimbursement and high numbers of uninsured and underinsured patients. The outcome: a dynamic, highly complex and heavily regulated industry.

Leaders in creating legal solutions
for the entire healthcare industry

McAfee & Taft has counseled healthcare providers throughout Oklahoma and surrounding regions for decades and has taken a leadership role in providing creative and innovative strategies for healthcare clients. A number of lawyers in the firm provide representation to clients in the healthcare industry in a variety of contexts, including business transactions, litigation and administrative hearings, and regulatory compliance matters. Many of our lawyers have prior career experience working in the healthcare industry or have advanced degrees, such as in healthcare management or tax. In addition, many are listed in The Best Lawyers in America for their expertise in healthcare, tax and litigation. Our lawyers are well-rounded, with broad-based experience that enables them to craft innovative and workable solutions to our clients’ situations.

Our clients include hospitals and hospital systems, physicians and physician groups, universities and medical schools, HMOs, physician networks, physician practice management companies, medical research organizations, biotech companies, health-related foundations and institutes, life sciences organizations, third-party administrators, home health agencies, imaging centers, physical therapy centers, clinical laboratories, pharmacies, pharmaceutical manufacturers, durable medical equipment companies and other healthcare providers and suppliers.

McAfee & Taft has 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, 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. Our attorneys regularly prepare medical staff bylaws, fair hearing plans, credentialing plans, medical staff policies, and related documents for hospitals, ambulatory surgery centers and clinics.

The firm has worked with clients in numerous transactions involving healthcare organizations, as well as linkages between healthcare organizations and other organizations, including universities and colleges. In our regulatory healthcare practice, McAfee & Taft routinely advises clients on the fraud and abuse, tax, and antitrust implications related to joint venture arrangements, investment and ownership arrangements, development of outpatient and ancillary facilities, corporate affiliations and physician compensation relationships. The firm has taken the lead on behalf of clients in creating innovative arrangements that meet the desires of all the parties to the transactions or arrangements when more traditional approaches may not be available.

For more details regarding our areas of expertise, please select from the practice area links on the right.

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J. Craig Buchan
Shareholder
(918) 574-3049
Brandon L. Buchanan
Shareholder
(405) 552-2307
Jeremiah L. Buettner
Shareholder
(405) 552-2241
Steven P. Cole
Shareholder
(405) 552-2230
Melissa J. Cottle
Associate
(405) 552-2364
Elizabeth L. Dalton
Shareholder, Industry Group Leader
(405) 552-2217
Bradley K. Donnell
Shareholder
(405) 552-2308
S. Gregory Frogge
Shareholder
(405) 552-2283
Danae V. Grace
Associate
(405) 270-6017
Frank D. Hill
Shareholder
(405) 552-2259
Michael E. Joseph
Shareholder, Practice Group Leader
(405) 235-9621
H. Cole Marshall
Shareholder
(405) 552-2379
M. Richard Mullins
Shareholder, General Counsel
(405) 552-2263
J. Michael Nordin
Shareholder, Practice Group Leader
(405) 552-2215
Terra Lord Parten
Shareholder
(405) 552-2324
Melissa Revell
Associate
(918) 574-3017
Reid E. Robison
Of Counsel
(405) 235-9621
Patricia A. Rogers
Shareholder
(405) 235-9621
Ronald T. Shinn Jr.
Shareholder
(405) 552-2323
Hannah Cline Shoss
Associate
(405) 270-6086
Vani Singhal
Of Counsel
(918) 574-3055
Barry L. Smith
Shareholder
(918) 574-3015
Mark D. Spencer
Shareholder
(405) 552-2368
N. Martin Stringer
Of Counsel
(405) 552-2284
Jeff L. Todd
Shareholder, Industry Group Leader
(405) 552-2269
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Articles

Opioid prescribing requirements to change in Oklahoma on November 1

McAfee & Taft Healthcare Industry Alert |
Healthcare files - Medicare fraud and abuse

Identifying Medicare fraud and abuse

McAfee & Taft Healthcare Industry Alert |

Selecting EHR Vendors: An ounce of prevention is worth a pound of cure

McAfee & Taft Healthcare Update |
informed consent

The non-existent corporate practice of medicine prohibition in Oklahoma

McAfee & Taft Healthcare Update |

New OkPOLST form designed to improve end-of-life and crisis care

McAfee & Taft Healthcare Alert |

Healthcare Records Held Hostage: When ransomware attacks

McAfee & Taft Healthcare Update |

CMS Audit Practices: How false can you get?

McAfee & Taft Healthcare Update |

Supreme Court ruling potentially expands false claims liability for healthcare providers

McAfee & Taft Healthcare Alert |

Oklahoma Supreme Court broadens scope of state’s informed consent law

McAfee & Taft Healthcare Update |

Expansion of HIPAA audit program now underway

McAfee & Taft Healthcare Update |

OIG rules hospital’s offer of free transportation, lodging doesn’t violate anti-kickback statute

McAfee & Taft Healthcare Alert |

Stark: A stagnant law for an evolving industry

McAfee & Taft Healthcare Commentary |

Payment is due at the time services are rendered

McAfee & Taft Business & Legal Update |

The skinny on narrow networks

Mcafee & Taft Business & Legal Update |

Oklahoma lawmakers ease practice requirements for physician assistants

McAfee & Taft Healthcare Update |

OIG issues additional guidance to healthcare boards regarding compliance efforts and oversight

McAfee & Taft Healthcare Update |

Physicians as whistleblowers

McAfee & Taft Healthcare Update |

Tenth Circuit affirms federal preemption of state law tort claims for medical devices

McAfee & Taft Litigation Update |

New state law allows access to investigational drugs

McAfee & Taft Healthcare Industry Legal Alert |

What Oklahoma’s amended Uniform Controlled Dangerous Substances Act means for prescribing medical providers

McAfee & Taft Healthcare Industry Legal Alert |

Hospital-Physician Alignment

McAfee & Taft Healthcare Industry Legal Update |

New state law mandates education about end‑of‑life treatment

McAfee & Taft Healthcare Industry Legal Update |

Challenges Physicians Can Expect in 2015

McAfee & Taft Healthcare Industry Legal Update |

Who does your malpractice attorney represent?

McAfee & Taft Healthcare Industry Legal Update |

Oklahoma Legislature significantly expands peer review privilege

McAfee & Taft Healthcare Industry Legal Update |

Are your HIPAA ducks in a row?

McAfee & Taft Healthcare Industry Legal Update |

Brace for Medicaid data mining and recoupment demands

McAfee & Taft Healthcare Industry Alert |

Government targets ‘risky business’ with free HIPAA assessment tool

McAfee & Taft Healthcare Industry Alert |

CMS authorizes contractors to deny ‘related’ claims of physicians who are not undergoing review

McAfee & Taft Healthcare Industry Alert |

New Oklahoma security law requires fingerprint‑based background checks on certain healthcare employees

McAfee & Taft Healthcare Industry Alert |

Norman Physician Hospital Organization — Factors Supporting Clinical Integration

Bloomberg BNA Health Law Reporter |

HIPAA — Countdown to New Regulations

McAfee & Taft Healthcare Industry Alert |

OIG rejects management arrangement that carves out federal healthcare program patients

McAfee & Taft Healthcare Industry Alert |

Court rules employers who provide services to federal government employees subject to federal contracting regulations

McAfee & Taft Healthcare Industry Alert |

New HIPAA regulations: Begin your compliance review now

McAfee & Taft Healthcare Industry Alert |

OIG advisory opinion describes suspect ‘under arrangements’ transactions

McAfee & Taft Healthcare Industry Alert |

HIPAA — not always the ‘hippo’

The Journal Record |

CMS Issues Final Anti-Markup Rule for Diagnostic Tests

Healthcare Law Alert |
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At The Podium

Health Benefit Plans in a Post-Affordable Care Act World

State Chamber of Oklahoma Health Care Summit
Edmond, OK | October 10, 2018

Hospitals Under the CMS Microscope: The New Primarily Engaged in Inpatient Service Standards and Scrutiny of Provider-Based Departments

AHLA 2018 Annual Meeting
Chicago, IL | June 26, 2018

Invasion of the Data Snatchers

Healthcare Headlines Seminar
Tulsa, OK | March 29, 2018

#MeToo in the O.R.

Healthcare Headlines Seminar
Tulsa, OK | March 29, 2018

Physician Extender: Practice optimizer, risk enhancers, or both?

Healthcare Headlines Seminar
Tulsa, OK | March 29, 2018

Invasion of the Data Snatchers

Healthcare Headlines Seminar
Oklahoma City, OK | March 27, 2018

#MeToo in the O.R.

Healthcare Headlines Seminar
Oklahoma City, OK | March 27, 2018

Physician Extender: Practice optimizer, risk enhancers, or both?

Healthcare Headlines Seminar
Oklahoma City, OK | March 27, 2018

Responding to Civil and Criminal Investigations

Developments in Rural Health Care that Every Practitioner Needs to Know CLE Seminar
Oklahoma City, OK | October 19, 2017

The Heat is (Still) On: Fraud abuse compliance and enforcement

What’s Hot in Healthcare 2017 Webinar
Online | May 10, 2017

OIG’s Prescription for Effective Governance

What’s Hot in Healthcare 2017 Webinar
Online | May 10, 2017

Cybersecurity: Ransomware attacks in the Healthcare Sector

What’s Hot in Healthcare 2017 Webinar
Online | May 10, 2017

The Heat is (Still) On: Fraud and abuse compliance and enforcement

What’s Hot in Healthcare 2017 Seminar
Oklahoma City, Oklahoma | March 22, 2017

OIG’s Prescription for Effective Governance

What’s Hot in Healthcare 2017 Seminar
Oklahoma City, Oklahoma | March 22, 2017

Keep Calm and Train On: HIPAA training made easy

What’s Hot in Healthcare 2017 Seminar
Oklahoma City, Oklahoma | March 22, 2017

Cybersecurity in the Healthcare Sector

What’s Hot in Healthcare 2017 Seminar
Oklahoma City, Oklahoma | March 22, 2017

Oklahoma UPL Nursing Home Program: Play your cards right

Oklahoma Nursing Home UPL Meeting
Oklahoma City, Oklahoma | February 20, 2017

Make Sure You Get to Keep the Money You Earned: How to Avoid Recoupment and Investigation

Oklahoma State Medical Association CME Mini Series VIII
Oklahoma City, OK | October 28, 2016

UPL — From One Lawyer’s Perspective

LeadingAge Oklahoma IGT/UPL Program
Oklahoma City, Oklahoma | September 30, 2016

Stark Law Reform

OBA Health Law Section
Oklahoma City, OK | August 3, 2016

Daunting, but Doable: Preparing for the next round of HIPAA audits

April 28, 2016

Compliance 2016: Get your #$@% together

Spring Cleaning; Healthcare Industry Luncheon 2016
Oklahoma City, OK | March 30, 2016

Practitioners Behaving Badly

Spring Cleaning; Healthcare Industry Luncheon 2016
Oklahoma City, OK | March 30, 2016

Dr. DPC or: How I Learned to Stop Worrying (and Billing) and Love Primary Care

PLICO EXPLORE: Oklahoma Healthcare Summit 2015
Norman, Oklahoma | August 13, 2015

Affordable Care Act

Business & Industry Counsel
Shawnee, Oklahoma | June 16, 2015

Pharmacogenomics and the Law

28th Annual Medical Device Seminar
Sea Island, Georgia | June 12, 2015

Use of social media and health care privacy

Headaches in the Healthcare Workplace Seminar
Oklahoma City, Oklahoma | April 30, 2015

Drugs, critters and disease in the workplace

Headaches in the Healthcare Workplace Seminar
Oklahoma City, Oklahoma | April 30, 2015

Employee Drug and Alcohol Testing

Headaches in the Healthcare Workplace Seminar
Oklahoma City, Oklahoma | April 30, 2015

Responding to on-site criminal activity

Headaches in the Healthcare Workplace Seminar
Oklahoma City, Oklahoma | April 30, 2015

Affordable Care Act: What do we do in 2015?

Western Oklahoma Human Resources
Elk City, OK | April 9, 2015

The Affordable Care Act: Where are we going?

SouthWest Benefits Association, Skills Workshop
Oklahoma City, Oklahoma | March 6, 2015

When leave laws collide: Tackling complex health plan coverage issues

EmployerLINC Webinar
Online | March 3, 2015

Stark Reality — Navigating the requirements for fair market value in physician compensation arrangements

McAfee & Taft Healthcare Industry Webinar
Online | June 25, 2014

HIPAA for Lawyers

South Oklahoma City Lawyer’s Association
Oklahoma City, Oklahoma | March 27, 2014

Advanced Stark and AKS Compliance: Case Studies and Hypotheticals

Oklahoma Bar Association Annual Meeting
Oklahoma City, Oklahoma | November 13, 2013

Physician Collaboration — Recent Antitrust Opinion on NPHO

Oklahoma Bar Association Annual Meeting
Oklahoma City, Oklahoma | November 13, 2013

HIPAA for Lawyers — Countdown to enforcement

McAfee & Taft Legal Webinar Series
September 12, 2013

Green Light for Clinically Integrated Networks — Essential Antitrust Considerations

American Health Lawyers Association In-House Counsel Program and Annual Meeting
San Diego, California | July 1, 2013

Health Care Reform for Employers

Healthcare Financial Management Association, Oklahoma Chapter
Oklahoma City, Oklahoma | April 25, 2013
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Practice Group Leader

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