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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, and we have been integrally involved in launching innovative health care delivery initiatives such as Community Care of North Carolina and accountable care organizations (ACO) 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 on health care policy, legislative advocacy, executive strategy, litigation and the complex business requirements of organized medicine.

Veteran health care attorney, Bo Bobbitt, is credited nationally for authoring the blueprint for establishing ACOs, “The ACO Guide: How to Identify and Implement the Essential Elements for Accountable Care Organization Success,” from which health care providers and medical communities are developing accountable care networks. 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 Tier 1 ranking. Additionally, Bo has been featured in The Best Lawyers in America© for Health Care Law every year since 1997 and named “Lawyer of the Year” in Raleigh for Health Care Law (2013).

Further, 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
  • 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
  • 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
  • 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
  • Strategic general counsel services for Medicare Shared Savings Programs (MSSP) and other value-based reimbursement initiatives
  • Electronic Health Record implementation and related services
  • Professional association representation
  • HIPAA compliance and other federal and state confidentiality and privacy laws
  • Managed care contracting, regulation 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
  • Medical staff issues
  • Provider organizations
  • Business and contract dispute resolution and litigation
  • Exclusive contracting
  • Employment issues, including covenants not to compete
  • Certificates of Need

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