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:
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,...
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...
Defending the Compelled Use of Arbitration Agreements
Jason P. Ferrante, December 18, 2013
On September 9, 2003, an Ohio appellate court published its opinion in McFarren v. Emeritus at Canton, 2013 Ohio App. LEXIS 4058 (Ohio Ct. App. Sept. 9, 2013). The opinion is contrary to fairly recent United States Supreme Court law that bolstered the compelled application of binding arbitration...
The Difference between “I’m Sorry” and “I Was Wrong.”
Mary Kate McGrath, October 21, 2013
In June 2013, the Pennsylvania Senate passed the Senate Bill No. 379, the Benevolent Gesture Medical Professional Liability Act, also known as the Apology Act. The bill, which passed the Pennsylvania House of Representatives, returns to the House in the fall 2013 to pass the Senate’s version,...
Landmark False Claims Act Judgment Imposed For Stark Violations
, October 07, 2013
Tuomey Healthcare System is facing the largest False Claims Act verdict ever issued against a not-for-profit hospital. This ruling came on September 29, 2013, when the court ordered that Tuomey pay the sum of $237,454,195 to the United States government and qui tam relator, Michael L. Drakeford,...