Health Law



The Health Law attorneys at Roetzel apply an integrated approach to assist our clients in addressing the multifaceted and complex issues that face a wide range of health care industry organizations, personnel, and ancillary health care service providers. Health Law encompasses a variety of legal issues that affect all segments of the health care industry, including hospitals, physician groups, nursing homes, assisted living facilities, and medical device inventors, manufacturers, distributors, and third-party logistics providers, among others. Our attorneys deliver a wide array of legal skills coupled with a thorough knowledge of the industry and a keen understanding of new developments and their implications.

Our Health Law attorneys are actively involved in industry organizations, frequent lecturers to industry groups, and work diligently to remain at the forefront of developments in the field of Health Law. In addition, our team of attorneys have actively participated in the drafting, lobbying, and the development of state and federal legislation. This has enabled us to contribute to and remain current with the constantly changing landscape of Health Law. Most importantly, Roetzel's attorneys constantly interface with their clients as business advisors or as communicators of new developments that may impact the client's particular industry segment.

Our People

Representative Services

Health Law Services

  • Structure health care provider organizations and other ancillary service providers
  • Review mergers and acquisitions among health care entities
  • Review business arrangements to minimize concerns under such fraud and abuse laws as Stark, Anti-Kickback Statute, False Claims Act and various state laws
  • Negotiate service agreements and joint business transactions with hospitals and other health care entities
  • Assess Medicare and other payor reimbursement issues, audits, and related fraud investigations
  • Form and document structures such as IPAs, ACOs, and other integrated health care models
  • Represent health care professionals in proceedings in front of state, federal, and local agencies pertaining to licensure and/or the rendering of medical and professional services
  • Represent health care professionals in hospital or medical staff proceedings for the revocation, non-renewal, termination, suspension, modification or restriction of medical staff privileges
  • Organize, structure and implement major medical equipment and facility acquisitions (e.g. magnetic resonance imaging scanners, lithotripters and ambulatory surgical centers)
  • Prepare and negotiate employment, stock purchase and other professional practice agreements
  • Address fraud and abuse, corporate practice of medicine, fee-splitting, 501(c)(3), and antitrust issues affecting providers in business planning and regulatory compliance
  • Provide guidance on HIPAA and confidentiality issues
  • Advise clients on day-to-day patient and practice issues, personnel matters, and other routine corporate matters impacting the client’s practice or health care business
  • Assist with the development and maintenance of compliance programs
  • Address appropriate compensation and financial relationships among health care providers

General Corporate Services

  • Legal Entity Formation
  • Mergers & Acquisitions
  • Financing
  • Bankruptcy & Reorganization
  • Labor & Employment
  • Employee Benefits
  • Executive Compensation
  • Tax Structuring

Litigation

  • White Collar & Corporate Compliance Defense
  • Medicare and Medicaid Fraud & Abuse
  • Elder Care & Nursing Home Liability

Governmental Affairs

  • Legal and Government Relations Issues - Federal, State, and Local

Federal Trade Commission

  • Antitrust
  • Advertising Issues

State Consumer Protection Laws

  • Managing legal issues with State Attorneys General enforcing broad state consumer protection laws

Representative Matters

Mergers and Acquisitions / Joint Ventures

  • Represented client in the sale of a national medical billing and dermatology and cosmetic surgery business to a private equity investor
  • Represented a privately held substance abuse treatment center in the $36 million sale of its assets to a strategic buyer
  • Counseled a major hospital in the joint venture and self-development of a health and wellness center
  • Counseled a therapy company client on its multi-state national expansion

Financing

  • Counseled health care lender of construction and mezzanine financing for assisted living and skilled nursing facilities
  • Represented a publicly held health care services company in the following matters: preparation of an underwriting agreement and registration statement in connection with a follow-on primary public offering; multiple private placements of equity and debt securities; negotiation of asset-based line of credit facility; and multiple corporate governance and ownership reporting issues
  • Represented a skilled nursing facility in a multi-million dollar restructuring
  • Represented lenders on sophisticated bond financings for skilled nursing facilities and hospitals

Formations

  • Counseled nursing home providers on entity formation and regulatory compliance
  • Represented a nonprofit hospital on forming a Professional Corporation for its doctors

Compliance

  • Drafted and implemented a Foreign Corrupt Practice Act and U.K. Bribery Act Compliance & Training program for a global medical device company
  • Drafted and implemented a Health Care Fraud Compliance & Training program for ten skilled nursing facilities of a closely-held health care company
  • Drafted and implemented Fraud, Abuse and Waste compliance program for numerous physicians’ groups

White Collar Litigation

  • Defended a physician named as a co-defendant in a Qui Tam/ False Claim suit brought by co-defendant’s former employee. The Department of Justice intervened and after aggressive motions and discovery, the client participated in a settlement agreement that excluded the client from any financial participation
  • Persuaded the Department of Justice not to intervene in a Qui Tam / False Claims Act suit involving a physician’s group and three principal physicians brought by a co-defendant’s former employee. As a result of an aggressive, trial ready defense, the whistleblower dismissed the clients from the lawsuit with prejudice
  • Represented a large U.S.-based generic drug manufacturer in Racketeer Influenced and Corrupt Organizations Act (RICO) class action involving claims arising from the development and sale of generic versions of branded prescription drugs
  • Defended the Director of Operations of a mobile dental lab in multi-state federal and state Medicaid fraud prosecution
  • Defended a physician and chiropractor in Stark Law investigation by the Medicaid Fraud Unit
  • Secured dismissal with prejudice for a client in a $20 million Qui Tam/False Claims Act lawsuit

Labor and Employment

  • Represented several large hospital groups and nursing homes in labor negotiations
  • Represented several large hospitals in discrimination and retaliation suits as well as arbitration proceedings
  • Defended a health care provider against sexual harassment claims involving hostile work environment allegations against the employer by an employee who had been fired
  • Represented medical practice against its former physician/employee and hospital for breach of non-compete and tortious interference

Employee Benefits and ERISA

  • Represented a publicly-traded PBM and provided advice regarding (a) Code Section 409A, (b) nonqualified deferred compensation arrangements, (c) equity compensation, (d) change in control bonus plan, and (e) tax-qualified retirement matters
  • Represented a mid-sized, non-profit hospital system in southern Illinois and provided advice regarding (a) C-level employment agreements, and (b) the design, operation, and tax compliance of its Code Section 457(b) and 457(f) plans
  • Represented a large, non-profit hospital system in Madison, Wisconsin and provided advice regarding (a) nonqualified deferred compensation arrangements, (b) severance plans, (c) tax-qualified retirement matters, and (d) cash balance plan litigation
  • Represented a large, faith-based, non-profit hospital system in Illinois (Chicago-land area) and provided advice regarding C-level employment agreements
  • Reviewed and negotiated a managed care plan for an area community college

Bankruptcy and Workout

  • Counseled lenders in workouts of loans secured by assisted living facilities
  • Represented Bankruptcy Trustee in dealing with sale of nursing home and collection of receivables

Real Estate, Construction and Development

  • Represented an acute care hospital for real estate leasing, acquisition, development, construction issues and real estate tax exemption
  • Counseled major hospitals in multiple medical office building developments and/or dispositions
  • Represented an institution of higher education in connection with its $40 million building expansion project, including preparing and negotiating the development agreement, documenting a land-swap transaction and obtaining and granting Federal Historic Tax Credits, Facade Easements and Lost Development Rights Deductions/Conservation Easements
  • Represented a general contractor in the construction of a $25 million addition to a health care facility
  • Represented a large senior citizens center in the construction of multiple campus expansion project

Litigation

  • Represented two large northern Ohio hospitals in discrimination and retaliation suits as well as arbitration proceedings
  • Represented a global medical device manufacturer in national class action involving claims for fraud and false advertising in marketing of medical testing devices
  • Obtained a defense jury verdict in favor of a hospital and food manufacturer on food product liability claims
  • Defended a medical device manufacturer in claims by the FDA and state agencies on off-label use marketing

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