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Healthcare

Buckley King has a solid understanding and appreciation of the ever-emerging changes, responsibilities and regulatory requirements surrounding the healthcare industry. 

Our attorneys provide insight and guidance through an integrated approach, drawing from capabilities among practitioners focused in healthcare law, corporate law, real estate, finance, tax, governance, transactions, labor and employment, litigation and government policy. Hospitals, physicians and physician groups, medical professionals, ancillary service providers, suppliers of healthcare-related goods, and medical academia look to Buckley King to help them manage day-to-day operations, solve challenges, and work towards achieving practice and management objectives.

ACOs + Integrated Delivery Systems

  • Develop, form and organize integrated delivery systems, including Accountable Care Organizations, Physician Hospital Organizations, Preferred Provider Organizations, Independent Practice Associations, and other similar organizations.
  • Anti-trust analysis and advice to newly formed entities negotiating payer contracts.

Clinical Research + Institutional Review Board Operations

  • Counsel on matters related to biomedical research programs to ensure compliance with applicable Federal and state laws and regulations.
  • Review informed consent documentation and informal publications to ensure that institutional review boards protect the rights and welfare of prospective and participant subjects.

Corporate + Transactions

  • Governance, mergers, acquisitions, dispositions, affiliations, joint operating arrangements and joint ventures, including those that involve for-profit and non-profit combinations.
  • Structure joint ventures and collaborations between and among physicians, physician groups, hospitals, research enterprises and other healthcare service providers.
  • Assist in establishing alternative structures, including management service organizations.

Federal Emergency Medical Treatment + Active Labor Act (EMTALA)

  • Counsel on a full range of EMTALA issues, including definitions of "emergency medical conditions", staffing and on-call standards, examination and stabilization requirements.
  • Assist hospitals in responding to complaints, investigations and statements of deficiencies, including preparing corrective action plans to mitigate further investigation and prosecution.
  • Represent sanctioned hospitals in appeals before the OIG.
  • Prepare hospital policies and provide training to medical staff on the complexities of EMTALA.

Labor + Employment

  • Counsel on a full range of general and specialized employment and labor issues, including discrimination, non-competition agreements, severance agreements, wage and hour issues, OSHA and safety compliance issues, medical staff review board and peer review proceedings, physician and physician groups contracts, physician recruiting agreements and other contractual arrangements.

Malpractice, Negligence + Wrongful Death Litigation

  • Represent healthcare providers, including hospitals, medical schools, emergency rooms, nursing homes, specialists, ancillary service providers, physicians and their staff in medical malpractice, negligence, wrongful death and premises liability matters, providing successful defense in courts throughout the country and limiting malpractice exposure through effective risk management and peer review programs.
  • Defended mass tort involving thousands of plaintiffs, physicians' practices, endoscopy products and allegations of Hepatitis C.
  • Defended pharmaceutical manufacturers, including in first cases involving phenylpropanolamine.

Professional Licensing, Disciplinary Proceedings + Disputes

  • Provide counsel on licensure, accreditation matters, affiliation agreements, compensation models and research requirements.
  • Represent healthcare providers before state and licensing boards.
  • Provide counsel on credentialing and peer review matters.
  • Represent impaired providers in need of treatment for substance abuse or mental health issues.

Real Estate + Development

  • Represent clients in the development, purchase, sale, leasing and construction of facilities, including site acquisition, negotiations, ground lease arrangements, space lease arrangements, and construction contracts.
  • Perform due diligence activities, including reviewing leases, financing arrangements and title reviews.

Regulatory + Compliance

  • Advise on Federal and state privacy and security laws and regulations involving individuals' protected health information, including HIPAA and HITECH.
  • Analyze and advise on compliance with the Federal Stark and Anti-Kickback statutes, Medicare, state Medicaid programs, and other governmental-funded programs, state licensing and certificates of need, private pay enrollment, conditions of participation, reimbursement issues, tax-exempt finance and anti-trust issues, as well as the Health Care Quality Improvement Act (HCQIA) standards.
  • Develop and implement privacy policies and procedures.
  • Counsel and representation relating to contractual arrangements, patient privacy notifications, information release authorizations, records request and personal representatives.
  • Counsel and representation through data breach crisis management, investigation, notification and follow-up actions, including administrative and civil litigation defense.