With the growing demand for healthcare set against a constantly changing state and federal regulatory backdrop, the healthcare industry will continue to need sophisticated and unique legal advice to protect its providers. Our mission is to provide clients with excellent, responsive, and cost-effective legal advice and action. We continually endeavor to expand our platform and areas of expertise to meet the changing needs of clients and the ever-increasing complexity of the healthcare industry.
We swiftly respond to and anticipate additional concerns regarding privacy and confidentiality of individual health information and increasing regulation at both the federal and state levels. Our clients consider us close, trusted advisors and partners in their success.
Our attorneys serve a diverse client base that includes hospital systems, hospitals, healthcare entities, and medical practices. We understand the legal challenges of working within the complex, highly-regulated healthcare industry. While Firm attorneys are admitted to practice in Georgia, South Carolina, Tennessee, Florida, and North Carolina, we are not constrained by geographical boundaries, and serve clients where their needs arise.
A summary of the services we provide our healthcare provider clients follows:
Stark Law and Anti-Kickback Statute Compliance: Physician Services Agreements, Employment Agreements, Recruiting Agreements, Stipend Agreements, and Lease Agreements
For over 20 years, our Firm has represented and advised hospital systems and their affiliates in litigation matters related to compliance with the Anti-Kickback Statute and restrictions against physician self-referral under the Stark Law. In this representative and advisory role, we prepare and enforce Physician Services Agreements, Employment Agreements, Recruiting Agreements, Stipend Agreements, Lease Agreements, and License Agreements. Additionally, we provide advice, legal opinions, and litigation analyses involving the enforcement of such contracts to ensure our clients’ compliance with their policies.
Disputes in the healthcare industry often involve complex statutory and regulatory issues and sensitive business relationships. We have successfully handled hundreds of disputes among hospitals, medical practices, physician members, shareholders and/or partners of medical practice LLCs, corporations, and partnerships.
We approach healthcare disputes by addressing the matter at hand, as well as suggesting thoughtful, creative solutions to achieve the clients’ long-term goals, minimize risk, and resolve clients’ matters as early as possible. Our focus is to serve each of our clients’ best interests as efficiently and effectively as possible. Upon accepting a new assignment, we work with our clients to assess the issues and risks, and then establish a course of action and evaluate opportunities for an early motion to dismiss, motion for summary judgment, or settlement to avoid expensive and protracted litigation. We likewise serve as our clients’ tenacious advocate from start to finish. Our attorneys have a long track record of not only winning, but also attaining our clients’ business objectives. Our Firm’s willingness to take difficult cases to trial, and our reputation for success, place our clients in the best possible position with opposing parties in settlement negotiations or trial.
HIPAA and HITECH: Medical Records and Protected Health Information
As advancements in technology and the use of the internet and electronic devices in health care raise questions regarding disclosure of individual Protected Health Information (“PHI”), state and federal laws intended to protect privacy and confidentiality of protected health information continue to rapidly develop. Our attorneys have extensive experience handling compliance matters that involve HIPAA and HITECH privacy and security compliance, including resolving disputes and developing uniquely tailored privacy and security policies.
We have successfully resolved cases at the trial and the appellate level regarding PHI. We often provide our clients strategic advice involving injunctive relief to enforce restrictive covenants or obtain patient medical records. Our immediate and well-devised response to potential PHI security threats facing our clients minimizes the risks of non-compliance.