Health care laws and regulations are constantly changing and becoming more stringent. Fowler White's Health Care Group applies its comprehensive resources and solid understanding of the health care industry to tackle the complex challenges that face this heavily regulated arena.
Our attorneys have successfully represented diverse segments of the health care industry, including health care systems, hospitals, group homes and assisted living facilities, medical equipment and supply manufacturers, drug manufacturers and distributors, as well as physicians and other medical practitioners. Our attorneys have also represented those with interests in obtaining decisions related to Medicare.
Our health care litigators take nuanced and novel approaches in the court room to address complex legal issues and provide strategic guidance on evolving health care laws, regulations and policy developments. Our combined knowledge of the health care industry, health care laws and the legal system allows us to analyze a clients entire situation in order to develop a legal strategy that best fits our client's short and long term business mission.
By bringing together attorneys from fields including corporate, real estate, employment and other areas, Fowler White provides an integrated and efficient approach to successfully managing the number of legal and business issues that impact the health care industry.
Health Care Litigation
In addition to Fowler White's significant expertise defending medical malpractice claims, our attorneys regularly litigate complex cases that touch upon various aspects of health care law. For example, we represent clients in disputes involving medical staff, breach of contract, directors and officers liability, medical device products liability, patient maltreatment claims and the False Claims Act.
We also counsel clients prior to litigation and assist with confidential, internal investigations in response to allegations of fraud involving government programs or allegations of patient abuse. Should it become necessary, our attorneys provide skillful representation in government investigations, audits and other official inquiries.
Preventative Counseling & Risk Management
Fowler White's health care attorneys implement strategic, custom-tailored plans that help clients minimize liability. Our counsel enables clients to address and resolve issues before disputes arise and they face mounting litigation costs. Clients further benefit from our trial experience in the health care arena. As litigators, we have greater insight into effective risk management strategies and techniques.
Our attorneys also conduct detailed risk assessments and then develop policies, procedures and practices that safeguard against medical malpractice claims and other potential risks.
We vigilantly monitor health care regulations and legislative developments to provide our clients with sound, long-term strategic counsel.
Regulatory Compliance
We help clients navigate the multitude of both state and federal laws regulating the health care industry. Our attorneys work with clients to help them implement and maintain compliance programs associated with security, privacy and other regulations set forth under statutes or by regulatory agencies, including:
- HIPAA (Health Insurance Portability Act)
- EMTALA (Emergency Medical Treatment and Active Labor Act)
- State and Federal "fraud and abuse" statutes
- False Claims Act
- Food and Drug Administration (FDA)
- JCAHO (Joint Commission on the Accreditation of Health Care Organizations)
- UNOS (United Network Organ for Sharing)
- NICA (Neurological Injury Compensation Association)
Fowler White's Health Care Group has in-depth expertise handling matters relating to UNOS. Recently, our lawyers successfully represented a UNOS member before an administrative hearing regarding allegations of failure to comply with UNOS regulations and policy.
In addition, our attorneys also assist clients with state licensure, accreditation and certificate of need requirements.
Other Business Services
Fowler White's Health Care Group draws on the support of counsel from other practice areas in the firm to provide comprehensive advice to members of the health care industry. Our service offerings include:
- Corporate & Real Estate — entity formation, mergers & acquisitions, joint ventures, project financing, contracts, acquisitions and sales, leasing, construction.
- Employment — non-competition agreements, human resource policy development and compliance with wage and hour law.
- Tax — federal tax-exempt status, tax planning, conversions to taxable entities and tax audits.
- Immigration — state licensing requirements and foreign credentials certifications as well as visa matters for physicians, nurses, pharmacists, medical technicians and other health care professionals.