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Health Care

Overview

American health care is undergoing an unprecedented transformation, and Smith Anderson’s team of experienced health care lawyers are committed to guide medical professionals through the attendant changes and evolving regulatory environment. Our attorneys help our health care industry clients untangle the complex web of regulatory, business and litigation risks confronting health care professionals and institutional clients.

Our Health Care practice has a long history of counseling health care facilities, practitioners and industry interest groups. We have been integrally involved in launching innovative health care delivery initiatives such as clinically integrated networks, joint ventures between health systems and practitioners, Community Care of North Carolina and accountable care organizations (ACOs) across the country. We represent a variety of health care organizations and physicians regarding value-based payment and population health strategies, including ACOs, bundled payment and clinically integrated networks. We also advise clients nationwide on health care policy, legislative advocacy, executive strategy, litigation and the complex business requirements of organized medicine.

Smith Anderson attorneys have handled a variety of high profile health care litigation matters ranging from hospital governance and financing to certificate of need, health care regulatory, reimbursement, professional malpractice and government investigations. For decades, Smith Anderson has been involved in some of the most important issues facing the health care industry in the courts. Since 2011, “Best Law Firms,” a joint annual ranking by U.S. News & World Report and Best Lawyers®, has awarded our Health Care practice with its highest metropolitan ranking.

As a full service business and litigation law firm, we work with our colleagues across other core areas of practice to provide our clients with a wide range of legal services from mergers and acquisitions and joint ventures to tax, financing and complex contracting to regulatory compliance, data privacy/cybersecurity and employment. It is our goal to create solutions that allow our clients to focus on fulfilling their mission of caring for patients.

Experience

Experience

  • Formation of accountable care organizations across the country
  • Represented buyer in hospital acquisition involving complex public financing regulatory compliance
  • Formation and ongoing general counsel representation of a nationally leading collaborative care organization with over 5000 health care providers and facilities
  • Assisted and managed Health System HIPAA Compliance Programs
  • Represented health care providers and facilities in complex managed care contracting and related disputes, including out-of-network legal compliance  
  • Represented private equity acquisitions in health care industry
  • Drafted and revised HIPAA policies and procedures
  • Negotiated and drafted physician and joint venture contracts
  • Litigation of health care provider audits across the country
  • Negotiation of complex health care agreements and transactions
  • Formation of Physician Organizations and Physician Hospital Organizations
  • Advised on HIPAA OCR investigations and audits, and handled HIPAA incident and breach investigations
  • Experience with corporate practice of medicine issues across the country
  • Represented seller in sale of five-location behavioral health treatment facility
  • Successful appeal of termination decisions by managed care organizations and Department of Health and Human Services
  • Formation of management services organizations

Services

Services

  • Health care mergers and acquisitions, including practice buy-ins and buy-outs
  • Medicare and Medicaid compliance
  • Medicare Shared Savings Programs (MSSP) and other value-based reimbursement initiatives
  • Electronic Health Record implementation and related services
  • Professional association representation
  • Certificate of Need (CON)
  • HIPAA compliance and other federal and state confidentiality and privacy laws
  • Managed care contracting and dispute resolution
  • Medicare and Medicaid fraud, waste and abuse defense
  • OIG/DOJ investigations
  • False Claims Act
  • Stark Law / Anti-Kickback Statute
  • Resolution of regulatory issues and administrative litigation
  • Representation before licensing boards
  • Antitrust
  • Practice and business entity formation
  • Strategic general counsel services, including governance and Board matters
  • Medical staff issues
  • Provider organizations
  • Exclusive contracting
  • Employment issues, including covenants not to compete

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