Physicians and other health professionals

Overview

Building on more than 50 years of experience in health law, McDonald Hopkins has developed a robust practice advising health professionals in a wide range of professions and specialties, including physicians, dentists, optometrists, pharmacists, podiatrists, psychologists, chiropractors, veterinarians, as well as professional group practices in a variety of settings and specialties. A leader in health law among mid-sized law firms, McDonald Hopkins is committed to helping our clients navigate the legal, compliance, professional and business complexities of the health care industry, avoid costly legal pitfalls and stay focused on what drew them to professional practice in the first place.

Our health care attorneys are deeply invested in providing valuable and timely counsel on the wide variety of legal issues affecting the life cycle of a practice such as formation, joint ventures, sales, acquisitions or mergers, bankruptcy or dissolution; regulatory matters or litigation such as federal, state or payor compliance audits or investigations; and day-to-day operations and practice management. Many of our health law attorneys play leading roles within the health law community and with a variety of medical, health law and other healthcare professional societies.

Our national practice provides health professionals and their practices with a broad range of services, including the following:

Life cycle of a practice

Accreditation and licensing issues
Affiliations, joint ventures and other contracting arrangements with hospitals, health systems and other providers
Compensation arrangements
Corporate and group practice formation, structuring and life cycle issues
- “Super-group” formations
- Regulatory issues
- Admission (buy-in) and withdrawal (buy-out)
Concierge medicine and direct primary care
Dental service organizations (DSOs)
Estate planning and asset protection
Financing
Management service organizations (MSOs) or medical management companies
Medical staff issues
- Credentialing
- Medical staff bylaw requirements HCQIA and Joint Commission requirements
- Disciplinary proceedings and appeals
Mergers and acquisitions
Non-physician practitioner matters including physician assistants, nurse practitioners, optometrists, opticians, etc.
Network and payor affiliations
- Developing or affiliating with other systems or networks, including independent provider organizations (IPAs), physician hospital organizations (PHOs) and accountable care organizations (ACOs)
- Negotiation of financial arrangements, governance issues, antitrust review, licensure, representation and regulator compliance
Physician ancillary service lines, including diagnostic testing, physician in-office prescription drug dispensing, medical spas and product sales
Reimbursement
- Medicare, Medicaid, TRICARE and commercial payor reimbursement
- Payor audits
Restrictive covenants - noncompetition, non-solicitation and confidentiality agreements

Regulatory and litigation matters

Antitrust issues
- Advice on the formation, acquisition, sale or merger of healthcare entities
- Counsel regarding antitrust litigation, including civil and criminal price fixing matters
- Assistance with Hart-Scott-Rodino filings and other interactions with regulatory agencies
Compliance with federal and state health care laws and regulations
- Compliance programs
- Internal investigations
- Response to investigations and litigation
Corporate practice of medicine and fee-splitting laws and regulations
Data privacy and cybersecurity
- Health Insurance Portability and Accountability Act (HIPAA) compliance
- Policies and procedures
- Business associate agreements
- Responding to data breaches
Digital health, including telehealth and mobile health
Fraud and abuse compliance and investigations
- Assistance with compliance with Medicare and Medicaid anti-kickback law, Stark physician self-referral law, and state fraud and abuse laws and regulations
- Development of arrangements that fulfill your business objectives while reducing or minimizing fraud and abuse risk
Health care business restructuring
Health care technology
- Electronic health records
- Medical device companies
- Hardware and software agreements
Immigration, including recruiting and hiring foreign physicians and researchers
Litigation
Medical marijuana regulatory issues
Medical record issues
Tax-exempt matters
- Structuring of business relationships with private individuals or taxable entities
- Limitations imposed on contracts

Practice management

Healthcare reform, value-based payments and accountable care organizations (ACOs)
Ambulatory Surgical Centers (ASCs) and physician-owned hospitals
Billing companies and contracts
Care management, including chronic care management, transitional care management and behavioral health integration
Clinical trials agreements
Employment benefit programs and retirement plans
Employment independent contractor agreements
Intellectual property
- Patents
- Licensing
Materials transfer agreements
Labor and employment issues
Managed care contract review and negotiation
Real estate, including medical office leases, purchases, sales and developments

Experience working with wide variety of specialists
Our health care attorneys have significant experience working with health professionals in the following specialties: