Practice/Industry Group Overview
Procopio’s Health Care Practice Group is comprised of experienced attorneys who counsel and represent all segments of the highly regulated health care industry, including hospitals, physician groups, HMOs, County Organized Health Systems (COHSs), public agencies, medical equipment and device companies, and ancillary providers on a wide range of issues. Our attorneys bring significant industry knowledge to their practice and are actively involved in numerous health care professional and industry organizations.
We represent hospitals, skilled nursing facilities, surgery centers and other health care entities in the preparation of medical staff bylaws, rules and regulations, and advise them on medical staff privileges and responsibilities. We also represent clients in peer review hearings and in litigation that arises from such proceedings.
Accreditation, Licensing and Certification
Our health care attorneys regularly counsel hospitals, physician groups, joint venture partners and other providers to ensure compliance with all applicable accreditation, licensing and certification requirements.
Business and Transactional Matters
Members of our Health Care Practice Group, frequently work together with attorneys in our other practice groups to counsel and represent our health care industry clients in a wide variety of complex business and transactional matters, including facilitation work for affiliation of health care organizations; general corporate issues; mergers and acquisitions; corporate reorganizations; taxable and tax-exempt financing for public and private health care providers; vendor contract negotiation; intellectual property issues; tax, including nonprofit tax matters; antitrust analysis; and real estate and land use matters.
We assist providers and payors in the preparation, review and negotiation of managed care contracts. Our attorneys also work with clients in the structuring and formation of managed care entities and arrangements. We advise payors on compliance with HMO and state insurance laws as they relate to financial solvency, provider relations, and general operations.
We represent health care providers, insurance carriers, and technology companies in a wide variety of medical technology-related transactions such as the negotiation and purchase of EMR systems and medical equipment, as well as the outsourcing of technology-related functions. We also assist clients with regulatory and compliance matters that arise in clinical research.
HIPAA, Privacy and Security
Our attorneys help health care clients comply with all medical information privacy and security requirements mandated by state and federal law, including the Health Insurance Portability and Accountability Act (HIPAA). We are experienced in the privacy and security issues that arise in connection with electronic medical records (EMR) systems.
Regulatory and Governmental Compliance
We counsel health care systems, hospitals, physician groups and other providers on the development and implementation of plans and programs to ensure compliance with state and federal laws and regulations, as well as voluntary standards. We also assist health care clients in responding to government audits and investigations including those related to claims under state and federal False Claims Acts. Our attorneys have significant experience with and expertise in the standards of The Joint Commission (TJC) and the National Committee for Quality Assurance (NCQA), as well as the provisions of the Emergency Medical Treatment and Active Labor Act (EMTALA). We also provide clients with legislative advocacy services.
Members of our Health Care Practice Group frequently work with members of the firm’s Litigation Practice Group to provide a wide range of litigation services, including representation in administrative proceedings, alternative dispute resolution and judicial actions including those that involve antitrust, discrimination, state unfair competition, labor, health care regulatory, and general business issues.
Many of our health care provider clients are public entities including counties, cities, municipal hospitals, health care districts and county-operated health systems. Our Health Care Practice Group is uniquely qualified to handle the health care matters for such clients, as well as issues involving the Ralph M. Brown Act, the Public Records Act, procurement, conflict of interest and other public laws and regulations.
Working with the firm’s Labor Practice Group, we provide general labor advice for for-profit, nonprofit and public clients as well as litigation support and ERISA and other benefits counseling.
Billing and Payment
We regularly advise health care providers on the full range of billing and payment issues, including reimbursement from Medicare, Medicaid/Medi-Cal and other public as well as private payors. We also appeal adverse payment decisions on behalf of our clients.