Practice Areas & Industries: GrayRobinson, P.A.

 





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Practice/Industry Group Overview

In an era when health care providers can incur millions of dollars in fines resulting from regulatory non-compliance and whistleblower lawsuits, it's important to work with a law firm that understands the complex issues facing the industry. GrayRobinson has assembled a team of attorneys who understand the unique legal considerations of physicians, hospitals and other medical providers. This experienced group applies appropriate principles of corporate, reimbursement, securities, and tax law to each situation.

Our lawyers represent numerous hospitals, nursing homes, physicians, physician groups, ambulatory surgery centers, imaging centers, home health agencies and many other health care providers. The Health Law Group consists of over 35 attorneys who concentrate their practices on a wide range of legal matters including compliance, fraud and abuse, private health insurance, physician self-referral, HIPAA, false claims, physician discipline, managed care contracting, antitrust, and medical staff issues.

We serve as general counsel to a major national health care provider with hospitals and other facilities in 10 states, and have extensive experience in the issues involved in physician-hospital joint ventures. We also serve as general counsel for several hospital districts in Florida as well as representing a large national public for profit hospital organization. We represent hospital-based physician groups and advise them concerning their exclusive professional service agreements with hospitals. The Health Law Group also is involved with the formation, sale, dissolution and restructuring of joint ventures to comply with Medicare fraud and abuse law, Safe Harbor regulations, Stark legislation, the Florida Patient Self-Referral Act and Florida fee-splitting issues.

Physician Groups

GrayRobinson represents numerous physician practices in Central Florida. For more than 30 years, our attorneys have represented one of the largest multi-specialty physician groups in Florida. Our representation covers virtually every aspect of physician practice, including managed care, structuring arrangements involving ancillary services, joint ventures, compliance with fraud and abuse laws, HIPAA, and licensure matters. We regularly appear before the Florida Agency for Health Care Administration and Board of Medicine on rulemaking and other regulatory proceedings. We closely follow legal developments at the state and federal level that affect our physician clients.

Hospitals

For over five years, GrayRobinson has served as general counsel to one of the country's largest health care systems, which owns and operates 32 hospitals in nine states and 26 nursing homes in eight states, and is the largest provider of home health services in the United States. We also serve as general counsel to a 210-bed hospital in Titusville, Fl., a larger hospital system in Marion county Florida and we represent numerous hospitals specializing in mental health and substance abuse services.

Tax-Exempt Organizations

Our lawyers have extensive experience representing tax-exempt and foundations health care organizations. Bill Boyles, who is part of the Health Law Group, serves as general counsel to several tax exempt healthcare systems. Bill also serves as general counsel to Florida Hospital Foundation and Hope Worldwide, Inc., which operates international and national health care projects. Bill was involved in the establishment of a tax-exempt hospital, which was later acquired by a public hospital authority. In the area of public finance, in 1977 GrayRobinson pioneered and until 1996 represented the Orange County Health Facilities Authority in issuing more than $1 billion of tax-exempt bonds for non-profit hospitals and other health care facilities.

Regulatory Experience

GrayRobinson's Tallahassee office has included a former assistant attorney general who served as general counsel to several of Florida's health care regulatory boards, including Medicine, Osteopathic Medicine, Dentistry, Nursing, Chiropractic, Psychology, Acupuncture and Respiratory Care. The Health Law Group's regulatory experience and longtime relationships with the heads of many regulatory agencies have proven beneficial for our clients in matters relating to licensure, acquisition negotiations and compliance issues.

Respected Leadership

Over the years, GrayRobinson has earned the respect of top officials in key health care agencies, including the U.S. Department of Health and Human Services, Center for Medicare & Medicaid Services, Florida Agency for Health Care Administration, Department of Health, Department of Insurance, and Board of Medicine. In many instances, our attorneys have developed close working relationships with the agency heads as well as their general counsels. These relationships can be critical in representing clients regulated by these agencies. Our attorneys also have been involved in shaping major health care reform efforts locally and statewide.


 
 
Articles Authored by Lawyers at this office:

Personal Injury Medical Malpractice Caps Held Unconstitutional
Julie A. Tyk, July 22, 2015
On July 1, 2015, the Fourth District Court of Appeals (Fourth DCA) issued a major decision affecting medical malpractice cases in Florida. In the case North Broward Hospital District v. Kalitan, the court held that the caps on non-economic damages in personal injury medical malpractice cases were...

Supreme Court Rules that Affordable Care Act Law Allows Nationwide Tax Subsidies
Julie A. Tyk, July 22, 2015
On June 25, 2015, the Supreme Court ruled in King v. Burwell that the Affordable Care Act allows the federal government to provide nationwide subsidies to help lower-income individuals buy health insurance. Chief Justice John G. Roberts wrote the opinion for the six-justice majority. The decision...

Recent Supreme Court Case Updates
Joseph A. Kovecses, June 26, 2015
On April 16, 2015, the Florida Supreme Court issued two opinions on the validity of a joint proposal for settlement: Audiffred v. Arnold, 40 Fla. L. Weekly S199 (Fla. April 16, 2015), and Pratt v. Weiss, 40 Fla. L. Weekly S201 (Fla. April 16, 2015). A proposal for settlement, also known as an offer...

Health Care E-lert - The Supreme Court Appears Closely Divided on the Fate of Tax Credits Under the Affordable Care Act
, March 24, 2015
The US Supreme Court heard oral arguments on Wednesday, March 4, 2015 in King v. Burwell to determine the interpretation of a six-word phrase in the Affordable Care Act (“ACA”). The six-word phrase states the federal government can offer tax credits in the form of subsidies to help...

Health Care E-lert -- Proposed Telemedicine Bill Filed in the Senate
, February 18, 2015
On January 22, 2015, two Senators filed a telemedicine bill that could help expand telemedicine in Florida. The proposed bill provides hope to telemedicine supporters that a bill may pass in 2015. Lawmakers considered several proposed bills in 2014; however, they were unable to reach agreement and...

Medical Marijuana: Constitutional Amendment Language Filed with the Department of State for the Voting Ballot in 2016
Sarah Logan Mancebo, February 18, 2015
Proponents of the November 2014 constitutional ballot that would have legalized euphoric medical marijuana to treat certain debilitating medical conditions are making a second attempt to legalize medical marijuana in Florida.

Rite Aid Pharmacy Chain Settles Whistleblower Case with the United States Government
Sarah Logan Mancebo, February 18, 2015
Rite Aid Corporation (“Rite Aid”) paid the United States government nearly $3 million to settle claims alleging it violated the False Claims Act between 2008 and 2010 for knowingly and improperly exerting undue influence on the decisions of Medicare and Medicaid beneficiaries. According...

Florida Department of Health Releases New Draft Rule for the Compassionate Medical Cannabis Act of 2014
, February 11, 2015
The Florida Department of Health, Office of Compassionate Use (“DOH”), released its newly revised draft rule to implement the Compassionate Medical Cannabis Act of 2014, commonly referred to as “Charlotte’s Web,” after holding a workshop on December 30, 2014. DOH...

Hospitals Challenge AHCA Authority to Limit Reimbursement for Emergency Treatment of Undocumented Immigrants
F. Ryan Waters, November 17, 2014
On October 13, 2014, a coalition of hospitals filed a petition with the Florida Division of Administrative Hearings to challenge the Agency for Health Care Administration's ("AHCA") policies regarding emergency treatment of undocumented immigrants.

Office of the Inspector General Issues Advisory Opinion Regarding Medigap Policy Discount/Payment Arrangement
Sarah Logan Mancebo, November 17, 2014
On October 14, 2014, the Office of the Inspector General ("OIG") issued an advisory opinion that analyzed whether a proposed arrangement violated the Civil Monetary Penalties provision that prohibits inducements to beneficiaries (i.e., policyholders) and the federal Anti-Kickback Statute...

Health Care Providers and their Attorneys can have Direct Access to Patients' Protected Health Information in Malpractice Cases
Benjamin W. "Ben" Newman, November 12, 2014
A recent case from the U.S. Court of Appeals for the Eleventh Circuit has decided that a Florida law allowing prospective defendants in medical malpractice cases to obtain records directly from other health care providers and to interview them about patient care and treatment is fully compliant...

Voters Will Soon Cast Vote on Proposed Constitutional Amendment to Legalize Medical Marijuana - A Summary of the Amendment
, October 14, 2014
Amendment 2 will be on the November 4, 2014 election ballot, which if approved by the Florida voters, legalizes a broader use and possession of medical marijuana than the Compassionate Medical Cannabis Act of 2014 commonly referred to as "Charlotte's Web."

OIG Issues Proposed Rule Affecting Safe Harbors and Civil Monetary Penalty Rules
Chris M. Morrison, October 09, 2014
On October 3, 2014, the Office of the Inspector General ("OIG") of the Department of Health and Human Services ("HHS") issued a proposed rule ("Proposed Rule") that revises and expands on safe harbors to the federal Anti-kickback Statute ("AKS"), as well as...

Hospital Incident Report Not Patient Safety Work Product
Julie A. Tyk, September 30, 2014
A recent case in Duval County, Florida ordered the production of documents a hospital claimed were privileged patient safety work product under the Patient Safety and Quality Improvement Act of 2005 ("Patient Safety Act").

Medical Marijuana Hearing Slated for October
, September 30, 2014
Two plant nurseries, Plants of Ruskin, Inc. and Costa Farms, LLC filed administrative challenges with the Florida Division of Administrative Hearings in September 2014. The nurseries are challenging the enactment of the proposed rules drafted by the Florida Department of Health, Office of...

Centers for Medicare & Medicaid Services Adopts Final Rule on Certified Electronic Health Records Technology
Sarah Logan Mancebo, September 12, 2014
The Centers for Medicare & Medicaid Services ("CMS") finalized a rule (the "Final Rule") on Friday, August 29, 2014 that grants certain health care providers additional time to upgrade electronic health record systems to meet meaningful use requirements under the Medicare...

Eleventh Circuit Rejects Constitutional Challenge to Statute Requiring Medicare Rate Compensation for Services
F. Ryan Waters, September 01, 2014
On August 14, 2014, a three judge panel for the Eleventh Circuit Court of Appeals upheld a district court's dismissal of a small, rural hospital's challenge of a federal law requiring hospitals to accept the Medicare rate as compensation when treating federal detainees.

Florida Legislature Passes Law to Protect Confidential Personal Information
, August 21, 2014
There have been a number of high profile data breaches in the last few years. Target suffered a data breach that affected more than 40 million customers. Neiman-Marcus recently suffered a data breach which it believes may affect more than 100 million customers. Concerns regarding these types of...

Court Protects Patients Under Sound Ordinance
, August 19, 2014
Pro-life protestors in West Palm Beach, FL remain prohibited from using amplified sound within one hundred feet of any health care facility after losing an appeal in the Eleventh Circuit Court of Appeals on August 6th, 2014. See Pine v. City of W. Palm Beach, FL, No. 13-15011, 2014 WL 3844110, at...