Health Care
Ahead of the curve, Chambliss’ health care team guides industry leaders around the U.S. on the latest laws and regulations that drive their most important decisions. Known as responsive, trusted, and well-connected counsel – we share our intimate knowledge and relevant experience with clients leading public and private health care and billing companies, provider groups, home and community-based care organizations, and investors on matters related to M&A, revenue cycle management, compliance, privacy, litigation, and beyond.
We are a dynamic practice whose personality reflects the myriad of laws within the industry and our diverse set of clients. In the morning, we might sit down with a physician to resolve an investigation from a state licensing board. At lunch, we may jump on a call with a private equity firm to re-structure a complex acquisition to deal with unique state laws. Early afternoon could include an unexpected trip to the court to enforce a non-compete against a former employee. At day's end, we might chuckle over a client's email thanking us for providing them an interpretation of a particularly weird Medicare regulation.
We have clients in just about every niche in health care, including:
- Ambulatory surgical centers
- Behavioral care facilities
- Community-based and government-owned hospitals
- Dialysis service providers
- Durable medical equipment suppliers including orthotics and prosthetics
- Faculty practice plans
- Health care information technology companies
- Health care focused private equity and venture capital firms
- Home and community-based health care organizations including hospices
- Health care entrepreneurs, investors, lenders, and investment banks
- Outpatient diagnostic centers, including laboratories and imaging centers
- Physician and dental practices and management companies
- Post-acute and long-term care including assisted living, nursing home, and skilled nursing facilities
- Revenue cycle management
- Tax-exempt providers and nonprofit systems
- Urgent care and walk-in facilities
When working with Chambliss, clients can expect our team to tailor solutions according to their own individual strategy, goals, company culture, and way of doing business. And when matters bleed into other areas of the law (because health care is rarely just about health care), we take an interdisciplinary approach and collaborate across the firm. We hold numerous leadership roles and speak to local, regional, and national audiences. Within our talented team of attorneys, members have been recognized by Chambers USA®, Best Lawyers in America©, and Super Lawyers.
What We See on the Horizon
Contact our Chambliss health care team for our latest insights:
- Physician mergers and acquisitions continue to drive growth in the industry. However, whereas hospitals were leading the push to acquire practices just a few years ago, now there are a number of "non-traditional" buyers (private equity, venture capital, MSOs, etc.) competing in the marketplace creating a challenging, yet exciting, M&A environment.
- Health care privacy and security compliance obligations are becoming increasingly complex and multi-layered. While the federal government continues to refine its longstanding HIPAA and substance use disorder patient records confidentiality regimes, states are currently very active in updating and expanding their own privacy, security, and breach notification laws. California recently enacted its comprehensive consumer privacy law, the California Consumer Privacy Act, which impacts both health care and numerous other industries, and other states are seriously considering similar laws.
- Government fraud investigators are not just targeting large health care systems, but also individual providers and smaller community-based providers. In fact, the Office of Inspector General has identified home and community-based providers, such as home health and hospice, as key enforcement targets in 2020.
A Snapshot of Our Depth
Physician Practices
- Organization of physician and professional health care entities
- Professional service and management arrangements
- Shareholder and related corporate documents
- Managed care contracts
- Licensure and certificate of need statutes and regulations
Regulatory
- Regulatory matters and compliance including fraud and abuse, Stark, Anti-Kickback, and the False Claims Act
- Compliance plan design and implementation
- HIPAA and other patient confidentiality laws
M&A
- Mergers, acquisitions and restructuring involving physician practices, hospitals, and other health care entities
- Private equity investment in healthcare
- Joint ventures and physician alignment
- Physician office building projects and real estate development
Revenue Cycle Management
- Mergers and acquisitions and due diligence
- Complex health care contract negotiation
- Employment and business associate agreements
- Compliance program design and development
- Breach response, research support, and litigation
Litigation and Government Investigations
- Governmental and private payor investigations
- Defense of licensed practitioners in adverse actions before state licensure boards, third party payors and medical staffs
- Medicare reimbursement issues and other payor audits and appeals
Employment Issues
- Physician recruitment
- Analyzing and enforcing non-competition and non-solicitation restrictions
- Design of compensation and buy-in/buy-out structures/ownership
- Harassment and discrimination
Telehealth
- Health IT
- Intellectual property
- Privacy and information security
Nonprofit and Quasi-Governmental Organizations
- IRS requirements and file Form 990
- Sunshine law requirements