The Healthcare Practice is highly regulated and rapidly changing. Individuals and companies that do business in this arena require legal counsel with a hands-on understanding of the unique issues of the healthcare environment and constructive solutions to their problems. Our Healthcare litigators practice exclusively in this area and, consequently, have in-depth expertise helping clients achieve successful resolutions in civil, criminal and administrative proceedings.  Our excellent service and skills are evidenced by the practice’s ranking in Chambers USA 2010, a leading legal services ranking publication. 

Key Service

• Alternative dispute resolution proceedings such as arbitration and mediation
• Anti-Kickback statute & false claims act
• Certificate-of-need hearings and appeals
• Class actions
• Government civil proceedings, including whistleblower suits brought under the Federal False Claims Act
• Internal Compliance Investigations
• Licensure disputes and proceedings
• Licensure investigations
• Managed care network disputes
• Management or services contract disputes
• Medical staff and credentialing
• Medicare & Medicaid audits & appeals
• Stark II & physician self-referral laws

Comprehensive Representation

Our experienced Healthcare litigators offer deep healthcare expertise and significant experience with sensitive and high-pressure matters.  Our clients span the healthcare industry, including for-profit and non-profit health care providers, rural and community hospitals, pharmaceutical companies, managed care organizations and physician practice groups. We regularly represent these clients in litigation in federal and state courts and in administrative proceedings,  ranging from complex business litigation to employment issues to whistleblower actions to provider reimbursement issues to medical staff disputes.  Our team represents clients in civil and criminal disputes involving allegations of fraud and abuse and false claims. We also represents healthcare providers in administrative matters such as certificate-of-need appeals; licensure investigations and disciplinary actions; credentialing matters; Medical staff investigations, adverse actions and hearings; and Medicare/Medicaid audits, investigations, and appeals.

Representative Matters

• Co-trial counsel for executive of managed care company who brought suit for violation of retaliatory discharge provisions of False Claims Act resulting in substantial jury verdict for executive. 
• Advise on compliance structuring of various arrangements for hospital systems, academic medical center and physician groups.
• Successfully represented a physicians practice group in connection with its application for a Certificate of Need over the opposition of various existing providers.
• Successfully represented three physicians in connection with a multi-million dollar dispute over equity interests in a radiation oncology company.
• Successfully represented a national behavioral health company in obtaining a Certificate of Need and defending on appeal a unique senior psychiatric program to be operated as a hospital within a hospital.
• Successfully represented an Oregon community hospital in obtaining a prelitigation settlement of managed care claims in excess of $1 million against a publicly-traded health insurer.
• Obtained a multi-million dollar settlement in an arbitration proceeding brought by a Chicago not-for-profit health system against a publicly traded managed care company.
• Successfully represented a large not-for-profit healthcare system in defending on appeal a Certificate of Need to develop a radiation therapy service.
• Obtained dismissal with prejudice of a Medicare Secondary Payor lawsuit brought by a whistleblower in Arkansas Federal District Court.
• Successfully represented the founding shareholder in a radiation oncology practice in a dispute in Georgia over the value of a multi-million dollar equity interest.
• Obtained a favorable settlement for the pharmacy operations of a publicly traded company for investigation of billing practices in Georgia.
• Represented pharmaceutical company in complex internal investigation relating to government allegations of off label marketing, Anti Kickback violations and potential manipulation of the AWP.
• Represented several clients in EMTALA investigations and appeals.
• Represented clients in federal investigation of Medicare billing compliance issues.
• Represented clients in “Qui Tam” actions involving physician and hospital regulatory compliance issues.
• Representing clients in regulatory audits and billing compliance reviews on state and federal levels.