Health care providers face unique and challenging issues that require experienced legal counsel with health care expertise. Lerch, Early & Brewer represents hospitals, physicians and other professionals, nursing homes, home health agencies, physician practice groups, health care networks and ventures, and several medical and health-related foundations in a wide variety of health care-related matters. In addition to attorneys with a broad knowledge of health law, this practice area combines the efforts and expertise of attorneys from a number of practice groups at Lerch, Early & Brewer, including Real Estate, Land Use & Zoning, Business & Taxation, Employment & Labor and Litigation to achieve the varied goals of institutional clients and physician practices.
Hospital General Counsel and Special Counsel Representation
We are particularly well-known for our hospital general counsel and special counsel representation. Attorneys in our group are also well-versed in handling difficult health care-related litigation issues, including privileging, contract disputes, patient care and guardianship matters. In addition, our health care clients use our knowledge and experience on issues such licensing, payor and regulatory matters.
Advice on Patient Issues, Physicians and Medical Staff
Our institutional health care clients’ concerns include patient treatment consents, the confidentiality of patient information, physician contracts, and the withholding or withdrawal of life-sustaining treatment. As such, we regularly advise our health care clients on matters such as the drafting and interpretation of contracts and medical staff bylaws, as well as physician disciplinary actions, medical staff privileges and professional liability insurance.
In addition, we also represent a variety of health care-related entities in discharging their responsibilities of physician oversight (including drafting, revising and interpreting medical staff bylaws and related policies and procedures), credentialing and peer review activities under the federal Health Care Quality Improvement Act of 1986, and creating educational materials and programs relating to medical staff and regulatory compliance issues, including EMTALA, HIPAA, clinical research and general corporate compliance.
Licensure, Accreditation and Certification Counsel
Our professionals counsel individual and institutional clients on issues regarding licensure, surveys, certification and accreditation, including state and federal laws, regulations and guidelines, and requirements of independent accreditation agencies such as the Joint Commission.
Business Organization Formation and Operation
We represent institutions, physician groups and individual health care practitioners in various business matters including the formation of venture groups, physician contracts, and tax and business planning. We counsel providers, payors and other health care entities on the structure and operations of health care facilities, professionals and third-party reimbursement programs.
Experienced Legislative and Regulatory Representation
For health care providers, experienced legal counsel is a must when dealing with the multitude of legislative and regulatory issues that arise on a day-to-day basis. The health care professionals in our group have represented a variety of entities on a number of legislative and regulatory health care matters. These include, but are not limited to, licensing, Medicare, Medicaid, EMTALA, HIPAA, health resources, medical errors/liability and preventive health programs.
