Practice Areas & Industries: Marshall Dennehey Warner Coleman & Goggin, P.C.

 





Group Profile Lawyers in this Group Offices Locations for this Group
 

Practice/Industry Group Overview

Today's health care environment is increasingly complex, with providers facing numerous challenges as a result of governmental scrutiny and competition from other providers. Add to this mix the multitude of regulatory and compliance challenges and the potential for costly investigations, and litigation becomes a serious concern.

The Health Law Practice Group maintains an exclusive focus on a wide variety of health law issues facing our clients. The attorneys in this practice group understand that counseling and negotiation are critical skill sets, and are also willing and able to take a matter to court when negotiation fails, and the best defense becomes an assertive offense.

Health Information Privacy and Security

  • Develop and revise HIPAA/HITECH-compliant policies, procedures and business associate agreements
  • Counsel providers regarding interpretation of federal and state privacy and security laws and regulations
  • Assist covered entities and business associates in responding to security breaches and when applicable, providing notice to patients
  • Assist providers in investigations by governmental agencies regarding privacy/security breaches

Antitrust and Competition Issues

  • Assist hospitals and physicians in the development of accountable care organizations and integrated networks (financial and clinical)
  • Develop and defend credentialing policies including economic credentialing policies
  • Assist in the development of exclusive contracts to assure a smooth transition for both the health system and physician group
  • Develop joint venture arrangements with other providers to avoid costly allegations of price fixing and market allocation
  • Counsel providers regarding mergers and affiliations
  • Assist providers in development of clinical guidelines and other patient safety policies
  • Litigate antitrust claims before courts and federal enforcement agencies

Credentialing and Hospital-Physician Relations

  • Assist and counsel providers regarding corrective action process
  • Draft medical staff bylaws, fair hearing plans and related documents
  • Serve as fair hearing officer and counsel to medical staff regarding corrective action process
  • Advise health care providers regarding compliance with Health Care Quality Improvement Act
  • Defend providers in litigation claims involving denials, termination and revocation of medical staff privileges and/or clinical privileges
  • Advise hospitals on risk management techniques to facilitate ability to monitor and assess quality of care
  • Counsel hospital peer review committees regarding confidentiality under state peer review laws

Licensure and Accreditation

  • Represent providers in licensure matters before state agencies
  • Assist providers in response to Joint Commission inquiries and complaints
  • Counsel providers regarding compliance with Joint Commission and other applicable standards
  • Review bylaws for compliance with Joint Commission standards

Health Care Transactions

  • Draft and negotiate a wide variety of contracts between and among providers
  • Counsel hospitals regarding exclusive contract process and draft/negotiate exclusive agreements
  • Draft vendor agreements between providers and outside vendors
  • Advise providers regarding contracts with payers
  • Counsel clients regarding development of patient safety organizations
  • Litigate claims regarding provider contracts in state and federal courts

 
Past Seminar Materials
  Pennsylvania MGMA State Conference , Desmond Hotel, One Liberty Boulevard , Malvern, PA, May 15, 2014
PLUS 2014 Medical Professional Liability Symposium , Atlanta Marriott Marquis, 265 Peachtree Center Avenue, Atlanta, GA, April 23, 2014
Health Law Institute, Pennsylvania Convention Center, 12th and Arch Streets, Philadelphia, PA, March 13, 2014
 
 
Articles Authored by Lawyers at this office:

House Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System
Paul V. Tatlow, August 06, 2014
This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...

Courts Differ on Healthcare Reform
Mark L. Mattioli, July 26, 2014
Yesterday, two separate courts of appeals rendered contrary decisions on whether the subsidy provision of the Affordable Care Act (ACA) applies in states that have opted not to run their own insurance exchanges. Cur­rently, only 14 states have established their own exchanges, while 36 states,...

Opening the Floodgates for Runaway Jury Verdicts? Florida Supreme Court Declares Caps on Noneconomic Damages Unconstitutional in Medical Malpractice Wrongful Death Litigation
Chanel A. Mosley, June 04, 2014
On March 13, 2014, the Florida Supreme Court declared unconstitutional the caps on damages applicable to wrongful death claims in a medical malpractice cause of action. Estate of McCall v. United States, 2014 Fla. LEXIS 933 (Mar. 13, 2014). In a 5-2 ruling, Justice R. Fred Lewis wrote the opinion...

Opening the Floodgates for Runaway Jury Verdicts? Florida Supreme Court Declares Caps on Noneconomic Damages Unconstitutional in Medical Malpractice Wrongful Death Litigation
Chanel A. Mosley, May 29, 2014
On March 13, 2014, the Florida Supreme Court declared unconstitutional the caps on damages applicable to wrongful death claims in a medical malpractice cause of action. Estate of McCall v. United States, 2014 Fla. LEXIS 933 (Mar. 13, 2014). In a 5-2 ruling, Justice R. Fred Lewis wrote the opinion...

Feds Are Serious About Data Security
Mark L. Mattioli,David J. Shannon, April 22, 2014
In what could be a landmark ruling in the data breach legal field, a New Jersey district court recently ruled that the FTC's lawsuit against Wyndham Hotels for unfair and deceptive trade practices related to a major data breach could proceed. Although the breach did not happen in a health care...

Patients’ Right To Access Records Of Health Care Facility/Provider Relating To Adverse Medical Incident Not Limited To Only Records Pertaining To Same/Similar Condition, Treatment Or Diagnosis As Patient Requesting Access
Chanel A. Mosley, March 28, 2014
Known as “Amendment 7,” Article X, Section 25 of the Florida Constitution guarantees patients the right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incidents.

Recovery of Emotional Distress Damages in a New Jersey Medical Malpractice Action Remains a Tough Hurdle for Plaintiffs
Nicholas A. Rimassa, March 28, 2014
The plaintiff parents brought their 19-month-old daughter to the emergency room at 5:00 pm following difficulty breathing and cold or flu-like symptoms. The child was followed by a pediatric intensivist through the night, who claimed to have called a pediatric cardiologist at approximately 12:00 am...

Prescribing High Potency Medication To a Known Drug Abuser: Is the Doctor Liable For Resulting Injuries?
Julia A. Klubenspies, March 14, 2014
The New Jersey Supreme Court recently heard oral argument on a case involving a patient with a known drug abuse history who swallowed medication from a prescription, high-potency skin patch, which ultimately lead to anoxic brain injury. The question before the Supreme Court is whether the trial...