Practice/Industry Group Overview
Health Care is one of the driving economic forces in the South and in the country; it’s also an essential focus of our firm.
In such a highly complex and regulated environment, we practice preventative law, by not only assisting clients with achieving their goals, but also avoiding unnecessary legal issues. Our attorneys represent numerous health care organizations, including hospitals, senior living facilities, surgery centers, pharmacies, pharmaceutical manufacturers and distributors, hospice and home health agencies, physician practices, and diagnostic centers, as well as medical device, biotech, and information technology companies. From a corporate standpoint, our representation ranges from regulatory compliance issues, to acquisition, expansion, and formation projects, to medical staff concerns. When it comes to understanding the intricacies of health care corporate law, thriving businesses turn to the Burr & Forman health care team.
Corporate Formation, Governance, and Transactional Matters:
We routinely assist health care providers with corporate formation, governance, mergers, acquisitions, and other transactional issues, including the following:
Forming physician practices and other health care entities
Drafting and negotiating employment, independent contractor, recruitment, and other health care-related agreements
Drafting medical staff bylaws and policies
Mergers, acquisitions, and consolidations of health care entities
Analyzing and forming joint ventures involving health care providers
Analyzing and organizing accountable care organizations ("ACOs") and other types of integrated health care delivery systems
Providing guidance on employee compensation and benefit matters
We have immense experience assisting health care providers in any and all types of regulatory issues they may face, including the following:
Preparing state licensure filings for both individual and facility providers
Preparing and filing change of ownership documents with the appropriate state and federal agencies
Advising on state and federal fraud and abuse issues
Assisting with third-party payor enrollment, billing, and compliance
Providing guidance on HIPAA and HITECH compliance and preparing HIPAA compliance plans and related forms
Analyzing hospital and physician relationships and drafting related agreements
Handling various labor and employment regulatory issues
Assisting with intellectual property filings and compliance issues
Certificate of Need Compliance:
Our experience with certificate of need matters is quite vast. From a corporate standpoint, our certificate of need experience includes the following:
Analyzing proposed projects for general compliance with state certificate of need laws
Drafting and filing letters of non-reviewability and change of ownership notices
Assisting in the preparation of certificate of need applications
Retained to draft contracts for the construction and renovation of hospitals.
Represent a variety of individual physicians in contract representation.
Corporate Business Planning & Succession
Handled the acquisition of all 3 of client's nursing homes in Alabama. Handled all corporate work, including corporate restructure. Involved in succession planning to move ownership to next generation. Client also owns a pharmacy for whom all corporate work and regulatory compliance was handled. Also involved in succession planning for the pharmacy.
Corporate Compliance Plan
Ongoing review and revision of corporate compliance plan and specific policies for the heath services foundation of a teaching hospital.
Employee Benefit Plans
Retained by multiple local, national and international companies (both private and public) to assist in day to day operations, questions, and required filings for all Employee Benefit Plans.