Healthcare Industry

At a time of almost certain change within the healthcare industry, members of our health industry and health policy team are informed, steady and responsive. We have the national presence and depth to help clients strategically navigate these challenges so they can manage and respond nimbly to change.

Our attorneys have served within hospitals and health centers, research centers, long-term care providers, health maintenance organizations, third-party payors and in Congress, and we share an experienced perspective on challenges facing healthcare providers, including a wide range of matters outlined further below.

Our clients are varied and diverse across the healthcare industry spectrum, including:

  • Academic medical centers and teaching hospitals
  • Children’s and adult acute care hospitals
  • Home health, hospice and niche providers
  • Healthcare systems, including integrated providers such as physician groups, ACOs, provider-sponsored HMOs and ClNs
  • Long-term care providers
  • Pharmaceutical companies
  • Physician practices – large and small
  • Managed care and third-party payors
  • Suppliers
  • DME providers
  • Healthcare advocacy associations
  • Private equity groups investing in healthcare entities
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We also leverage BakerHostetler’s more than 940 attorneys in 14 offices nationwide to counsel health industry clients in multiple areas of law, including employment and labor, litigation, white collar and business practices, tax, corporate governance, government policy and intellectual property.

We routinely address issues of concern and relevance to our health industry clients including:

  • Antitrust 
  • Certificate of Need (CON) Laws
  • Clinical Research Compliance
  • Licensure, Survey and Certification
  • Cybersecurity and Data Privacy
  • Data Breach
  • False Claims Act
  • Fraud and Abuse Laws
  • Government Investigations and Enforcement
  • Healthcare Policy
  • Healthcare Transactions/Joint Ventures and Affiliations
  • Health Plans, Insurance and TPAs
  • HIPAA
  • Long-term Care Providers
  • Managed Care
  • Pharmacy
  • Private Equity and Venture Capital Transactions
  • Regulatory
  • Medicare/Medicaid Billing, Coding and Reimbursement
  • Stark Law
  • Tax
  • Telemedicine
  • Third-Party Payor Negotiations

We hold a unique, national presence in the academic medical center, children’s hospital and data breach sectors. We have counseled many of our clients for decades, including some of the nation’s leading hospital systems and medical facilities. They trust us to consider particular problems within the context of their broad business needs and to provide creative solutions.

Our services

With the Trump administration promising a rollback of the Affordable Care Act and significant changes to the manner in which Medicare and Medicaid may be funded, our Healthcare Public Policy team is closely monitoring emerging policies and advancing our clients’ interests on Capitol Hill with relevant healthcare agencies and with the administration. We routinely assist clients in developing legislative and regulatory proposals and legislative language to help clients effectively communicate, advocate on their behalf, develop strategies for advancing their goals, and manage the adverse impacts that healthcare legislation and regulation may have on their organizations. We also work well with trade associations in partnering to advance their message.

Clients look to our attorneys to help them form new entities and ventures, respond to data breaches and other privacy matters, identify and advise on specific fraud and abuse risk areas, defend against enforcement investigations and proceedings, and develop and execute legislative and regulatory strategies, among many other tasks.

We help hospitals, health systems, academic medical centers and other medical providers grow through acquisitions of facilities, facility leases, financings, management contracts, affiliate agreements and the creation of new relationships with relevant partners, and we counsel them on a full range of operational matters. We work with physician groups of all sizes to structure joint ventures and other relationships between and among physicians, physician groups, hospitals, special healthcare service providers and others in the industry.

Our Healthcare Privacy team continues to be on the cutting edge of HIPAA and has provided timely and discrete advice to clients through more than 500 data breach responses, including responses to the three largest U.S. healthcare data breaches ever reported. We counsel healthcare providers and other covered entities on HIPAA and state privacy law compliance, breach response, crisis management, and regulatory investigations and audits. In this period of aggressive regulatory enforcement, our enforcement and compliance attorneys work to keep our clients out of the headlines by proactively identifying and providing advice on their specific risk areas, including those related to the Anti-Kickback and Stark laws, the False Claims Act, HIPAA and HITECH, EMTALA, licensing and certification matters, OSHA, and a wide range of coding and billing issues. Our team has substantial experience defending providers in all facets of audits and proceedings initiated by fiscal intermediaries, program integrity contractors, and federal and state governmental authorities, among many others.

We have specialized healthcare reimbursement experience in Medicare and Medicaid program payment matters, having handled major reimbursement disputes in both Medicare and Medicaid graduate medical education (GME) and disproportionate share hospital (DSH) issues. We assist with a wide range of Medicare and Medicaid appeals and audits. We also represent hospitals and physicians in managed care negotiations, contracting, and payment disputes and are experienced in the Medicare and Medicaid managed care law and regulations. We work to manage enrollment, changes in ownership and certification issues, licensing, and Joint Commission responses and corrective action issues. We have lawyers skilled in cost report reimbursement, appeals, and financial payment concerns arising out of state and federal government payors, as well as commercial payors. 

Select Experience

  • Served as team leader in a major integration of an academic medical center's faculty practice plans, including the transition of 450 physicians and more than 20 separate non-profit and for-profit entities. Established a plan for a new entity to function as the sole multi-specialty practice plan. Resolved governance, organizational, tax and regulatory issues.
  • Counseled a regional healthcare system in the wake of improper employee access to over 100,000 patients' records. Coordinated the internal investigation and led the response on several fronts, including crisis management, notification of affected patients, resolution of patient complaints, regulatory investigations and defense in a class action alleging failure to safeguard confidential personal information and notify class members of the incident in a timely manner. We combined our healthcare, privacy and class action litigation experience for a full-service strategic defense of the matter.
  • We provide the Children’s Hospital Association—which includes more than 200 children’s hospitals in this country—with national Medicaid policy advice. We helped to develop a particular program for children with chronic and complex conditions, develop a risk-based payment mechanism in Medicaid tied to the creation of a pediatric medical home and analyzed Medicaid claims data and whether a coordinated care model can provide scoreable savings for Congress. We are directly involved in both the continued development of the policy, as well as with strategic advocacy in Congress, with CMS and the administration, identifying champions, preparing and supporting the policy, developing the legislative language and providing substantive legal and policy support for the concept.
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Professionals

Name Title Office Email
M.J. Asensio Partner Columbus
G. Thomas Ball Partner Orlando
Jonathan R. Barr Partner Washington, D.C.
S. Derek Bauer Partner Atlanta
Edward J. Beckwith Partner Washington, D.C.
Jeffrey P. Berg Partner Los Angeles
Kameron L. Brackins Associate Houston
Kevin D. Bradberry Associate Atlanta
Ian K. Byrnside Partner Atlanta
Matthew W. Caligur Partner Houston
Thomas S. Campanella Of Counsel Cleveland
Jessica Captain Novick Partner Orlando
John J. Carney Partner New York
Donna S. Clark Partner Houston
Clayton W. Coley Partner Atlanta
Charlotte A. Combre Partner Atlanta
Christopher L. Cottrell Jr. Associate Atlanta
Payal P. Cramer Counsel Atlanta
Emily C. Crosby Partner Atlanta
Steven M. Dettelbach Partner Cleveland
Vimala Devassy Counsel Atlanta
Rodger L. Eckelberry Partner Columbus
Joseph E. Ezzie Partner Columbus
Eric R. Fish Partner New York
Stephen M. Floyd Associate Atlanta
Elizabeth Price Foley Of Counsel Washington, D.C.
Amy E. Fouts Partner Atlanta
Alan L. Friel Partner Los Angeles
Lynn S. Garson Counsel Atlanta
Elizabeth A. Green Partner Orlando
Kyle R. Gregory Associate Atlanta
Susan Feigin Harris Partner Houston
Mark Hatcher Partner Columbus
Lori A. Herf Senior Advisor Columbus
Scott C. Holbrook Partner Cleveland
Lindsay P. Holmes Associate Washington, D.C.
Susan Whittaker Hughes Associate Cleveland
Christian B. Jones Senior Advisor Washington, D.C.
Joann Gallagher Jones Partner Atlanta
Thomas W. Kahle Partner Cincinnati
David P. Kardian Associate Washington, D.C.
Laura R. Kaufman Associate Washington, D.C.
Shannon A. Kidwell Counsel Atlanta
Richard M. Knoth Partner Cleveland
Theodore J. Kobus III Partner New York
Laurice Rutledge Lambert Associate Atlanta
Mark S. Lange Partner Atlanta
Jerry R. Linscott Partner Orlando
C. Dennis Loomis Partner Los Angeles
Raymond M. Malone Partner Cleveland
Wendy W. Markham Partner Atlanta
Lori P. Markley Regulatory Analyst Atlanta
Michael R. Matthias Partner Los Angeles
B. Scott McBride Partner Houston
Charlene L. McGinty Partner Atlanta
John J. McGowan Jr. Partner Cleveland
M. Scott McIntyre Partner Cincinnati
Ernessa B. McKie Associate Atlanta
Michael W. Mengis Partner Houston
Sameer V. Mohan Partner Houston
James R. Morrison Associate Seattle
Jeffrey R. Murray Jr. Staff Attorney Atlanta
Kristi K. North Associate Atlanta
Banee Pachuca Associate Houston
Eric A. Packel Partner Philadelphia
Francis B. Palumbo Of Counsel Washington, D.C.
John W. Petrelli III Partner Houston
Lenard I. Pick Partner Los Angeles
James C. Rawls Partner Atlanta
Lauren J. Resnick Partner New York
Lee H. Rosebush Partner Washington, D.C.
Noah D. Rosenberg Partner Los Angeles
Robert M. Rozier Partner Atlanta
Kimberly S. Ruark Counsel Atlanta
Kathleen P. Rubinstein Healthcare Policy Analyst Houston
Robert K. Rupp Partner Columbus
Gregory S. Saikin Partner Houston
David L. Schick J.D., LL.M. Partner Orlando
Edmund W. Searby Partner Cleveland
Lynn Sessions Partner Houston
Lance L. Shea M.S., J.D. Partner Washington, D.C.
Lee H. Simowitz Partner Washington, D.C.
Summer D. Swallow Associate Houston
Christopher J. Swift Partner Cleveland
Paulette M. Thomas Counsel Cincinnati
Tyler M. Thompson Senior Advisor Washington, D.C.
Amy J. Traub Partner New York
Gary A. Wadman Partner Columbus
Daniel R. Warren Partner Cleveland
Leah Fressell Watkins Regulatory Analyst Atlanta
Robert C. Welsh Of Counsel Los Angeles
Jennifer P. Whitton Associate Atlanta
Alec Wightman Partner Columbus
Lauren Wright Wilson Counsel Los Angeles
Robert M. Wolin Partner Houston
Kristen McDermott Woodrum Partner Atlanta

Experience

  • Served as team leader in a major integration of an academic medical center's faculty practice plans, including the transition of 450 physicians and more than 20 separate non-profit and for-profit entities. Established a plan for a new entity to function as the sole multi-specialty practice plan. Resolved governance, organizational, tax and regulatory issues.
  • Counseled a regional healthcare system in the wake of improper employee access to over 100,000 patients' records. Coordinated the internal investigation and led the response on several fronts, including crisis management, notification of affected patients, resolution of patient complaints, regulatory investigations and defense in a class action alleging failure to safeguard confidential personal information and notify class members of the incident in a timely manner. We combined our healthcare, privacy and class action litigation experience for a full-service strategic defense of the matter.
  • We provide the Children’s Hospital Association—which includes more than 200 children’s hospitals in this country—with national Medicaid policy advice. We helped to develop a particular program for children with chronic and complex conditions, develop a risk-based payment mechanism in Medicaid tied to the creation of a pediatric medical home and analyzed Medicaid claims data and whether a coordinated care model can provide scoreable savings for Congress. We are directly involved in both the continued development of the policy, as well as with strategic advocacy in Congress, with CMS and the administration, identifying champions, preparing and supporting the policy, developing the legislative language and providing substantive legal and policy support for the concept.
  • Representing major children’s hospitals in Texas and Washington state in challenging a CMS interpretation of the DSH hospital specific limit (HSL) reimbursement relative to the calculation of Medicaid shortfall. Similar determinations affect all seven freestanding children’s hospitals in Texas for a total potential loss of as much as $70 million in Medicaid program reimbursement and approximately $15 million to Washington children’s hospitals. Representation involves meeting with CMS officials, convincing the State of Texas to support a compromise approach, developing federal legislative bill language and support of the Texas and Washington delegation and filing a temporary restraining order in state court.

Recognition

  • Chambers USA: Healthcare
    • Georgia (2015, 2016)
    • Ohio (2011 to 2016)
    • Texas (2009 to 2016)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • U.S. News - Best Lawyers “Best Law Firms” (2016)
    • Health Care Law
      • National Tier 1
      • Metro Atlanta, Tier 1
      • Metro Cincinnati, Tier 2
      • Metro Cleveland, Tier 2
      • Metro Columbus, Tier 2
      • Metro Houston, Tier 1
  • The Best Lawyers in America© (2016)
    • 10 lawyers named in Health Care Law
  • Named a national leader among law firms serving the healthcare industry by the BTI Client Relationship Scorecard 2014: Ranking Law Firm Client Relationships

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In The Blogs

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Health Law Update
Capitol Hill Healthcare Update
April 25, 2017
No vote this week, but GOP leaders vow action on health bill Although House Republicans made progress on bridging ideological differences over how to replace the Affordable Care Act (ACA), GOP leaders say not to expect a vote this week as...
Read More ->
Health Law Update
Market Stabilization: To Be or Not to Be?
April 21, 2017
The Centers for Medicare and Medicaid Services (CMS) published a Final Rule intended to stabilize the individual and small group insurance markets on April 18, 2017. Reflecting the urgent need to address the uncertainty afflicting the...
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Health Law Update
Electronic Signature Pads: I Didn’t See Those Terms
April 17, 2017
Although we healthcare lawyers generally view ourselves as a pretty healthy lot, there are times when we are patients too. In a recent experience I was asked by a provider’s employee to sign several registration and privacy documents using...
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Health Law Update
Bundled Payments Out in the Cold? Another Delay for Mandatory Bundled Payment Models
April 12, 2017
This most recent delay raises questions concerning how the Trump administration intends to implement value-based payment in the Medicare program. The Centers for Medicare and Medicaid Services (CMS) has delayed again the implementation...
Read More ->
Health Law Update
Capitol Hill Healthcare Update
April 7, 2017
GOP Struggles To Revive Health Bill House Republicans of all ideological stripes say they are committed to rekindling interest in the American Health Care Act (AHCA), but while the interest is real, so too are the policy and political...
Read More ->
Healthcare Highlights: 25th Annual Legislative Seminar