Health Care

Overview

For nearly 50 years, clients ranging from individual health care practitioners to multi-state health care systems have relied on us to help them achieve their business objectives while fulfilling their health care delivery mission.  Honigman's Health Care Practice Group has a reputation for responsiveness, efficiency, and staffing each matter at the right level. Our clients look to us with confidence in our ability to address the complex and challenging issues confronting them in connection with a full range of regulatory, corporate, transactional, reimbursement, litigation and financial matters. 

Our approach to legal services is first and foremost client focused. Consistent with Honigman’s commitment to provide unparalleled service at a cost-effective price, our clients benefit from Honigman FOCUS, which combines Honigman’s value offerings, client service standards, and innovation efforts to increase efficiency and cost-effectiveness.  We pride ourselves on actively listening to our clients’ strategic business goals and concerns and collaborating with them to achieve the best business solutions as efficiently as possible.

Our practice groups have the advantage of being part of a full-service law firm. By drawing upon our deep resources, our Health Care Practice Group is able to most effectively represent health care industry clients in today’s highly complex business, organizational, and regulatory environments. We are able to handle the most complicated transactions and complex contracts, as well as routine matters health care legal matters.

 Practice Areas

  • Alternative Risk Financing and Other Insurance Services
  • Antitrust
  • Bond Financings
  • Captive Insurance
  • Certificate of Need, Licensure, and Accreditation
  • Clinical Research
  • Commercial Transactions
  • Compliance Planning, Audits and Investigations
  • Corporate Governance
  • Corporate Practice of Medicine
  • Corporate Responsibility, Governance, and Ethics
  • Data Privacy and Security, including the Health Insurance Portability and Accountability Act (HIPAA)
  • Electronic Medical Records (EMRs) and Health Information Technology
  • Fraud and Abuse: Stark Law, the Anti-Kickback Statute, the False Claims Act, and the Civil Monetary Penalties Law
  • Government Relations
  • Human Resources and Labor
  • Immigration
  • Intellectual Property
  • Joint Ventures
  • Litigation
  • Long-Term Care
  • Medical Staff
  • Medical Legal Concerns, Ethics and Risk Management 
  • Mergers, Acquisitions and Affiliations
  • Non-Profit and Tax-Exempt Organizations
  • Payment and Reimbursement: Medicare, Medicaid and Third Party Payors
  • Real Estate Development Transactions
  • Telehealth

HOSPITAL AND HEALTH SYSTEM CLIENTS

  • Academic medical centers
  • Cancer hospitals
  • Catholic health systems
  • Community hospitals
  • Critical-access hospitals
  • Long-term care hospitals
  • Multi-state, multi-hospital systems
  • Municipal hospitals
  • Psychiatric hospitals
  • Rural hospitals
  • Specialty hospitals

PHYSICIAN CLIENTS

  • Multi-specialty and single specialty group practices
  • Sole practitioners
  • University-affiliated faculty practice plans

OTHER PROVIDERS AND SUPPLIERS

  • Ambulatory surgery centers
  • Behavioral health care providers
  • Clinical laboratories
  • Certified Registered Nurse Anesthetists (CRNA)
  • Durable medical equipment companies
  • Dialysis facilities
  • Home health agencies
  • Hospices
  • Imaging centers
  • Independent diagnostic testing facilities (IDTF)
  • Long-term care facilities (assisted living facilities, skilled nursing facilities, and homes for the aged)
  • Pharmacies (retail, compounding, and specialty)
  • Physical therapy clinics
  • Programs of All-Inclusive Care for the Elderly (PACE)
  • Urgent care centers

OTHER

  • Accountable care organizations
  • Clinically integrated networks
  • Data analytics companies
  • Drug and device manufacturers and distributors
  • Health care technology companies and electronic medical record companies
  • HMOs, PPOs, and managed care plans
  • Office-based laboratories
  • Population health management

Representative Matters

  • Represented a health system in a master affiliation agreement with an academic health system, and as part of the master affiliation agreement represented the health system in a joint venture transaction involving the transfer of hospital assets to a newly formed nonprofit corporation that was a wholly-owned subsidiary, then subsequently transferred 49% of that new entity’s membership interest to a public university partner
  • Represented health system in $1 billion bond financing
  • Represented a health system in a joint operating agreement with a university-affiliated health system for operation of a service line joint venture 
  • Assisted clients in the creation of management service organizations and developed compliance strategies in relation to state law corporate practice of medicine prohibitions
  • Assisted in establishing a new specialty hospital from corporate formation to application for tax-exempt status, certificate of need application, Medicare, and other payor enrollment and licensure
  • Assisted health systems in connection with developing clinically integrated networks, hospital physician alignment, and ACO participation
  • Assisted clients with the establishment and expansion of ownership in ambulatory surgery centers by hospitals, investor groups, and physicians, including corporate formation, state licensure, and Medicare enrollment
  • Represent acute care, long-term care, and specialty hospitals, including cancer centers, municipal hospitals, and critical-access hospitals, in day-to-day operations, complex contracts, joint ventures, and other transactions
  • Represent hospitals and health systems in nationwide Medicare payment appeals
  • Appealed denial of substantive Medicare payments to hospitals for medical education
  • Represent large and small health providers in bond financing transactions
  • Represented regional opioid treatment center in its entry into the Michigan market
  • Respond to OIG and other government subpoenas and compliance investigations, qui tam actions, and discovery requests and effectively negotiated resolution
  • Provide compliance advice on the Stark Law, the Anti-Kickback Statute, the False Claims Act, HIPAA, corporate practice of medicine prohibitions, tax, human subjects research, and other regulatory matters
  • Facilitates HIPAA compliance, including updates to Business Associate Agreements, Notice of Privacy Practices, Policies and Procedures, Risk Analysis, Breach Notification, and Enforcement Actions
  • Represented state health information network in various technology transaction matters
  • Advised small and large physician groups on employment contracts, affiliations, buy-ins, buy-outs, and participation in clinically integrated networks and ACOs
  • Created research consortium consisting of more than a dozen community hospitals and negotiate research contracts between specialty hospitals, pharmaceutical companies, and government granting bodies
  • Represented information technology vendor in the deployment of an electronic health record and practice management software solution that uses an innovative health record sharing technology
  • Negotiated complex health information technology contracts and outsourcing arrangements

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