Healthcare Litigation Legal Services

Overview

We are committed to protecting the interests of clients in the healthcare industry, offering a deep understanding of the regulatory and business issues facing our clients. We combine our strong litigation experience with deep industry knowledge to counsel providers regarding ongoing operational issues and litigate complex matters in federal, state, and administrative proceedings.

Our attorneys provide comprehensive representation to hospitals, physicians practices, home healthcare agencies, nursing homes, and other industry providers in litigating issues critical to their operations. Whether our attorneys are defending providers in government audits or investigations or representing them in court hearings or administrative proceedings, we understand the strategic, operational, compliance, and regulatory issues our clients face.

We understand and represent providers across the healthcare spectrum, including hospitals and healthcare systems, physicians, skilled nursing facilities, and other post-acute providers, as well as suppliers and other service providers. This depth of experience gives our litigators a solid understanding of the operational and regulatory environments facing our client, which is critical in developing successful strategies in disputes

We represent clients in administrative and judicial proceedings and arbitrations, including federal and state reimbursement matters, certificate of need-related litigation, licensure and survey matters, and business disputes, including provider-payer issues

We advise our clients regarding conduct implications under fraud and abuse laws, including the False Claims Act, the Stark laws, and the anti-inducement statutes

We represent clients in government and private payer audits, appeals, and investigations, understanding the compliance implications of findings and how to appropriately mitigate or disclose issues to the government

We defend providers in Qui tam litigation, including conducting internal investigations and advising clients with regard to compliance concerns

We represent providers in administrative and civil litigation related to privacy and security issues, including HIPAA compliance

We represent providers in PRRB appeals and related audit matters

We regularly represent systems in staff credentialing, peer review matters, and related litigation

We represent clients with regard to open meeting and open record disputes

Our interdisciplinary team includes former federal prosecutors and healthcare providers whose keen knowledge of the industry enables us to efficiently and effectively handle all the complex issues related to healthcare litigation.

With attention to detail and big-picture thinking, our attorneys have a deep understanding of the healthcare industry. We recognize that healthcare disputes are unlike other commercial disputes due to the unique payment and reimbursement models and regulatory framework. We also understand the importance of resolving healthcare disputes before litigation becomes a necessity, therefore we offer a range of risk-management strategies to our clients.

Experience

We represented Atrium Health Navicent Peach in opposing a competing health system’s attempt to develop one of the first certificate of need-authorized, freestanding emergency departments in the State of Georgia in Bonaire, Houston County. After a complex procedural history, we ultimately obtained two favorable Georgia Court of Appeals decisions upholding a Superior Court’s reversal of the Department of Community Health’s approval of the project.
Obtained Certificate of Need for hospice provider over two other competing applicants after 4-week trial, allowing provider to significantly expand its services and operations.
Successful resolution of qui tam action against Hospital alleging violation of False Claims Act relating to emergency medical services.
Successfully negotiated settlements on behalf of the government in matters involving the False Claims Act, Anti-Kickback Statute, and Stark Law.
Serve as lead counsel for Hospital in connection with State Court litigation, American Arbitration Association Arbitration, mediation of Hospital/physician dispute, and sale of joint venture entity.
Served as lead counsel for health system in connection with American Arbitration Association arbitration dispute with managed care payor alleging wrongful denials of payment for home health services.
Represented providers (hospitals, physicians, home health agencies, hospice and skilled nursing facilities) in Medicare contractor audits and appeals, including experience in successfully reversing statistical extrapolations.
Advised multiple providers regarding regulatory matters, including compliance issues, investigations and voluntary refunds.

Bob Brennan, Tracy Field, Stefan Grow and Tara Ravi featured in "Agility and Speed Disrupting the Future of Health Law," American Health Law Association docuseries "Health Law Disruption: 2030 and Beyond" (October 22, 2020)