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Health Care
In the health care field, Jeffers Cowherd represents academic medical centers, general and specialty hospitals, ambulatory surgery centers, long-term care facilities, hospices, home health care agencies, physician groups and other health care providers. Whether we are advising on a major transaction or a sudden risk management problem, we pride ourselves on the ability to simplify complex legal issues, offer practical advice and act as a strategic partner to our clients in this heavily-regulated industry.
The firm has developed a reputation for excellence in representing hospitals and other health care clients in administrative law matters, including Certificates of Need, licensing investigations and proceedings before the Connecticut and New York Departments of Health, State Attorney General investigations and pre- and post-payment audits by government health care programs. The growth of this important practice area has been spurred by our ability to work closely with clients to evaluate their business needs and delivery systems and develop clear and comprehensive strategies for dealing with the appropriate regulatory body.
Jeffers Cowherd has extensive corporate law experience in matters affecting health care providers and routinely advises clients on structuring and negotiating business relationships to expand existing services or bring new services to market. In this area, we have provided guidance to clients on:
- Corporate formation issues
- Securing tax-exempt status
- Purchase and sale transactions
- Private placement offerings
- Drafting shareholder, employment and independent contractor agreements
- Structuring health system reorganizations
- Clinical and academic affiliations
- Physician practice acquisitions
- Physician recruitment arrangements
- Mergers, divestitures and change of ownership
- Contracts and/or joint ventures with development and management companies
The firm also focuses its practice in a variety of specialized regulatory areas affecting health care providers. Our work in this area includes:
- Fraud and abuse and Stark Law compliance
- Responding to licensure surveys and complaint investigations
- Reimbursement audits and medical record reviews
- JCAHO issues and sentinel event reporting
- Disclosures under OIG’s voluntary disclosure protocol
- Medicare and Medicaid CoP investigations
- Proceedings before medical examining boards
- HIPAA compliance
- Advice to Institutional Review Boards and FDA compliance
In addition to the above services, our lawyers assist clients on a day-to-day basis with various operational issues in health care. These services include:
- Advising board members and management on governance matters
- Patient rights
- Medical staff issues
- Drafting and amending of bylaws
- Structuring compliance programs and policies
- Advice regarding faculty practice plans
- Physician privilege and peer review issues
- Advice regarding charitable donations
- Executive employment and severance agreements
- Exclusive provider agreements (e.g., radiology, pathology)
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