Health Law

There is risk inherent in the lifesaving work performed by healthcare organizations each day, and our lawyers are effective in the prosecution and defense of litigation of all kinds. We leverage our litigation skills and industry insight when defending providers, professional practices, clinics, hospitals, and large-scale healthcare institutions in all types of malpractice claims or allegations of hospital negligence.

Whether you are facing heightened regulation and accountability, or the underlying threat of a damaging court award, we are your steadfast ally and friend in business.

Our Practice

Healthcare Transactions and Business Relationships 

• Mergers, acquisitions, joint ventures, financings, and restructurings
• Contracts, vendor agreements, leases and other documents
• Structuring business relationships in light of federal and state fraud and abuse laws and regulations, including the Stark Law, anti-kickback statutes, False Claims Act, and other governing rules

Certificates of Public Need

• Providing guidance on all aspects of the Virginia Certificates of Public Need (COPN) process
• Developing or expanding new and existing facilities
• Conducting feasibility studies for potential applications
• Representing clients at hearings before the Virginia Department of Health and courts of appeal
• Evaluating and addressing COPN applications filed by competing providers

Get our overview of Virginia's Certificate of Public Need Program

Licensure and Certification

• Counseling on the state and federal licensure and certification process for healthcare facilities
• Providing guidance with maintaining compliance, avoiding penalties, and disputing inspection findings
• Representing healthcare organizations before state and federal regulators, such as the Virginia Department of Health, the Virginia Department of Health Professions, the Centers for Medicare and Medicaid Services, the HHS Office for Civil Rights, the Virginia Department of Medical Assistance Services, the Virginia Department of Social Services, and other agencies
• Advising on OIG self-disclosure requirements, regulatory investigations, and corporate integrity programs
• Developing and reviewing facility contracts, purchase agreements, facility policies, and procedures for regulatory compliance
• Conducting compliance trainings for boards of directors and staff

Government Investigations and Enforcement Actions

• Advising on compliance with Federal False Claims Act, Stark self-referral, Anti-Kickback, and Civil Monetary Penalty laws
• Improper billing and coding
• Business torts and damages claims against healthcare providers
• Insurance, health plan, and non-governmental reimbursements
• Medicare investigation defense and litigation
• Enforcing covenants not to compete
• Managing care reimbursement and risk fund disputes
• Fiduciary duty/health plan liability litigation
• Medical intellectual property litigation
• Advocating on behalf of hospitals and health plans as creditors in bankruptcy

Healthcare Reimbursements

• Handling responses and appeals to Medicare, Medicaid, Tricare, and commercial insurer reimbursement audits
• Assisting with formal/informal appeals of Virginia Department of Medical Assistance Services reimbursement audits
• Coding and documentation standards for primary care and specialty physician practices, independent diagnostic treatment facilities, ambulatory surgery centers, and other providers/suppliers

HIPAA Compliance, Privacy, and Cybersecurity

• Compliance with all relevant state and federal laws and regulations
• Asset and healthcare data protection
• Audits and complaint investigations by the HHS Office for Civil Rights
• Responses to government investigations and inquiries related to incidents and/or breaches
• Security vulnerabilities, including risk/disruption mitigation and response
• Data security incidents/breaches involving cyberattacks, ransomware, and other unauthorized disclosure of sensitive healthcare information

Defense of Medical Malpractice Claims

• 40+ years of earned skill in defending medical negligence claims
• Representing public and private hospitals and all types of assisted care facilities, as well as doctors, dentists, nurses, and clinicians of all specialties faced with malpractice lawsuits
• Resolving high-profile cases involving multi-million dollar claims and the full array of medical professionals
• Experience trying cases of all types and sizes

Healthcare Regulatory Board Licensing & Defense

• Defending healthcare providers with disciplinary proceedings before the regulatory boards such as the Virginia Board of Medicine, Board of Nursing, Board of Pharmacy, and Board of Counseling
• Defending medical providers faced with licensing board complaints and investigations
• Providing complete legal guidance throughout the investigation and adjudication process

More information on this area can be found here.

Correctional Healthcare

• Advising on complex healthcare mandates, regulations, and legal requirements
• Counseling regarding the medical treatment of inmates, including implementation of mandated procedures and the legal requirements unique to incarcerated persons
• Complying with regulations and assisting with licensure or certification

Complete Legal Guidance

• Employment contracts and policies
• Healthcare policies and procedures
• Informed consent
• Advanced medical directives and surrogate decision-making
• Corporate structuring and management
• Insurance credentialing and reimbursement
• Responding to impaired, incompetent, and disruptive healthcare providers
• Insurance policies and programs
• Litigation prevention and preparedness
• Medical malpractice defense
• Medical records and confidentiality
• Mergers and acquisitions of practices and organizations
• Office leasing and purchase agreements
• Personnel and medical staff issues
• Personnel policies and procedures
• Programs for patient safety
• Succession planning