Practice Areas & Industries: Adams and Reese LLP

 





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Practice/Industry Group Overview

The Adams and Reese Health Care Team is proactive on regional and national issues affecting this industry, while staying well connected with local and state regulators to handle your day-to-day regulatory and risk concerns. With our integrated, multi-disciplinary team, you receive strong representation in governmental relations, health care compliance, privacy and reimbursement; tax, labor and employment, intellectual property and litigation. Our knowledge and experience in health care can help you avoid the unnecessary expense of educating a law firm about your specific issue.

From significant experience in whole hospital joint ventures and transactional work to class action litigation and ongoing compliance and regulatory counsel, you can rely on Adams and Reese to identify strategic public/private partnerships, legislative options, actions to avoid or mitigate legal missteps and cost management strategies that strengthen your organization and its results.

Our Attorneys

Not only do we offer experienced trial and health care counsel, we also have attorneys on staff who have worked in health care: nursing, pharmaceuticals, medical devices, dentistry and health care administration. A significant piece of our practice also includes working with independent accreditation agencies such as JCAHO, NCQA and URAC to assist you with timely licensures and certifications.

If you are facing opposition to a certificate of need or have to defend medical malpractice and other liabilities claims, Adams and Reese attorneys have practiced in these areas of health care litigation for more than two decades. We don't bring in our litigators until other viable options are eliminated.

Core Practice and Clients

As members of the American Health Lawyers Association and other groups that influence health care law, Adams and Reese attorneys stay informed about your biggest industry concerns in order to represent you in the following areas:

Special Issues Counsel:  including a large Certificate of Need and licensure practice, clinical research, professional disciplinary and staffing issues and reimbursement matters.

Transactions: whole hospital joint venture, health care financing, mergers and acquisitions, business reorganization and operational decisions.

Litigation: major class action, medical malpractice, products liability, professional liability, ERISA, contested certificate of need, fraud and contractual disputes.

Compliance: counsel and representation for HIPAA and medical records, illegal remuneration, corporate and EMTALA compliance and anti-fraud and False Claims Act enforcement.

Representative Matters:

  • Served as lead counsel for the largest hospital system in Alabama in the sale of its nonprofit flagship hospital to a major, publicly traded hospital company. The firm then helped guide the hospital system through the tax-exempt, antitrust and regulatory issues in connection with a whole hospital joint venture between the two health care systems for the ultimate ownership and operation of the hospital.
  • Helped a publicly traded hospital company obtain an Alabama State Health Plan Adjustment for a new hospital in Madison, Alabama. This was a high-profile, hotly-contested case in a “certificate of need” state in which no new hospital adjustment had been approved in many years. It involved a legal battle to the Alabama Supreme Court and alternative strategic solutions, including corporate, real estate, regulatory, legislative and media.
  • Represented a group of physician investors through a successful private stock offering and secured debt financing for the development and construction of a physician-owned specialty hospital.
  • Represented hospital in CMS investigation of EMTALA complaint and preparation and submission of plan of correction.
  • Advised and counseled hospital regarding clinical research and Institutional Review Board activities.
  • Represented hospital system in all aspects of implementing HIPAA privacy regulations.
  • Represented hospital in sale of home health business.
  • Advised and counseled hospital on complete amendment and restatement of medical staff bylaws.
  • Represented long-term care facility in preparing plan of correction and responding to subsequent regulatory investigation based on significant quality of care issues disclosed by survey.
  • Advised and counsel on creation of a dental services corporation.
  • Designed and implemented of comprehensive corporate compliance program for hospital system, including hospital-owned home health agency, skilled nursing facility, rehabilitation hospital and physician practices, and on-going advice regarding enforcement of same.
  • Represented physicians in joint venture with hospital for PET scan facility.
  • Represented hospital in joint venture with physical therapy clinic for physical and occupational therapy services.
  • Advised various physician groups on compliance with Stark guidelines in providing in-office MRI, echocardiography and other designated health services.
  • Advised MRI service provider regarding Stark requirements applicable to physician investment and referrals.
  • Represented long-term care facilities in responding to regulatory inquiry regarding joint venture to provide institutional pharmacy services.
  • Represented statewide business healthcare coalition and preparation of group purchasing agreements among employers, insurers and healthcare providers.
  • Represented hospital in a variety of credentialing and other professional disciplinary matters.
  • Represented physician practice in formation of a management company.
  • Created self-insurance hospital trust.
  • Created a medical malpractice insurer, and work with the insurance department on same.
  • Analyzed antitrust issues involving a variety of healthcare problems.
  • Prepared AIDS, alcohol and drug policies in connection with the preparation of employee handbooks and other materials.
  • Handled foreclosure of a hospital for bond trustee, involving a lawsuit to extend a CON.
  • Planned and supervised workout of problem loans involving health care providers.
  • Prepared estimate for major computer hardware and software purchased by a hospital.

Adams and Reese represents the full range of health care providers from physicians and managed care companies to ancillary services and institutions with diverse civic and religious missions. Contact us to learn more about legal representation and remedies in your region.


 

Services Available

 
Past Seminar Materials
  Tennessee Bar Association Health Law Forum, October 7, 2010