Representative
Cases and Matters
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Represented hospitals and physicians in a wide variety of contract reviews and negotiations, including employment and independent contractor agreements, billing services agreements, and management services agreements
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Obtained numerous guardianships on behalf of hospitals and individuals
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Represented hospitals in complex investigations and actions to terminate physician privileges, including contested hearings and appeals
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Represented physicians in contested credentialing matters
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Served as hearing officer in contested credentialing matters
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Represented physicians, nurses, and social workers in professional licensing actions and in Medicaid fraud investigations, charges, and resolutions
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Advised hospitals and physicians regularly as general counsel on a wide variety of regulatory compliance issues, including patient consents, HIPAA, ADA, CON, Medicare and Medicaid compliance requirements, JCAHO Standards, STARK, EMTALA, subpoena compliance, HIV testing, and fraud and abuse issues
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Represented nursing homes in resident discharge proceedings
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Served as guardian of property for several incapacitated individuals
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Served as counsel for institutional clients in healthcare business ventures, including the sale of a radiation oncology center, the preparation of a joint venture agreement with an academic medical center, and the restructuring of ownership of an acute care facility
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Provided tax and business advice on a broad array of matters, including tax audits, entity restructurings, insurance trusts, and real estate tax exemptions
Represented hospitals and health systems in real estate development matters, including zoning, site plans, expansions, subdivision and master plans
Close Representative Cases
Health care providers face unique and challenging issues that require experienced legal counsel. 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. This practice area combines the efforts and expertise of attorneys from a number of practice groups at Lerch, Early & Brewer, including Real Estate Transactions, Land Use and Zoning, Business and Taxation, Employment and Litigation to achieve the varied goals of institutional clients and physician practice groups.
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. Our health care clients also utilize our knowledge and experience on issues such as health planning (e.g., certificate of need), licensing, payor and regulatory matters.
Facility Contracts, Regulations and Policies
Areas of particular concern to our institutional health care clients 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 Health Care Quality Improvement Act, and creating educational materials and programs relating to medical staff issues, including EMTALA, HIPAA, clinical research, and general corporate compliance issues.
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Licensure, Accreditation and Certification
Our professionals counsel clients on Certificate of Need and other issues of licensure, surveys, certification and accreditation, including state and federal laws, regulations and guidelines, and requirements of independent accreditation agencies such as JCAHO, NCQA and URAC.
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Health Care Litigation
The firm’s hospital clients utilize our knowledge and experience in cases involving medical staff privileges, contract disputes, regulatory and patient care matters, guardianships, and medical malpractice cases. Our practice also includes the representation of physicians in medical staff credentialing matters, fraud and abuse, and contract, licensing, and insurance disputes.
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Business Organizations
We represent 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.
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Legislative and Regulatory Representation
For health care providers, experienced legal counsel is a must when dealing with the multitude of legislative and regulatory issues which 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, FDA, HIPAA, health resources, medical errors/liability and preventive health.
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