Successful Counsel for the Modern-Day Healthcare Industry

In 2017, healthcare  became the largest source of jobs in the nation. Healthcare is also one of the country’s most highly regulated industries. Shifting consumer demands, increased regulations, and reduced government funding have put healthcare providers under pressure to improve quality of care while simultaneously decreasing costs. The challenge of doing more with less is magnified further by the complex interaction of legal issues from a wide range of practice areas that healthcare entities face every day.

Stellar legal counsel in the highly-regulated, modern-day healthcare environment requires a combination of industry-specific technical and tactical knowledge, business acumen, a broad base of relevant legal experience, and  the ability to craft creative, practical, and effective strategies and solutions to the issues and pressures facing the healthcare entities of today. Jackson Walker offers just that.

Legal Prowess and Client Service – The Perfect Combination

By combining our  knowledge of the ever-changing legal landscape with our commitment to understand the mission and objectives of our clients, we are able to tailor our advice and counsel to support the achievement of each client’s particular objectives, offering providers and other healthcare entities the insight, information, legal advice, and guidance they need to navigate these issues and challenges.

We see our clients as individuals and entities dedicated to the health of our country, and we consider it a privilege to help them achieve their business goals. We pride ourselves on our responsiveness and reliability and, we hope, our ability to be the kind of lawyers that clients enjoy working with.

Multi-Disciplinary Approach

Jackson Walker is a full-service law firm. In addition to our outstanding Healthcare attorneys, we have sophisticated teams of lawyers skilled in the many areas of law that regularly impact healthcare entities. Our Healthcare team works hand-in-hand with experienced attorneys in our Real Estate, Finance, Tax, Corporate & Securities, Bankruptcy, Labor & Employment, and Governmental Affairs practice groups to seamlessly provide the advice and guidance that will help our healthcare clients successfully navigate this challenging business and regulatory environment.

Healthcare Advice Every Step of the Way

Jackson Walker has the experience and resources to help our healthcare clients with all their legal needs. We help physicians, hospitals, healthcare systems, and other medical providers create, change, or grow their practice through formation, acquisitions, mergers, affiliate agreements, and alliances. We also help with the creation of new relationships with relevant providers, developing financing strategies best suited to their current needs and future growth. We partner with a diverse healthcare clientele, counseling them on a full range of operational matters, including contract negotiations, labor and employment issues, managed care contracting strategies, and measures to increase efficiency and reduce costs. Our attorneys work with our clients to apply for, secure, and comply with licensure, certification, and accreditation requirements and counsel them on the protocols and processes needed to comply with privacy and confidentiality rules. Our Healthcare team is particularly skilled at helping healthcare providers navigate the payor and reimbursement landscape, creating and implementing plans that maximize the likelihood of securing prompt and timely payment and reimbursements.

We routinely assist clients with developing practical, innovative, and effective solutions to the complex issues that arise from the tangled web of rules, public policy, and ever-changing local, state, and federal laws and regulations imposed on healthcare entities by the government and private insurers. When compliance issues occur, we advocate for our clients through  the audit, appeal, investigation, or litigation process.

We guide our clients through every twist and turn of their business journey, doing whatever we can to lessen the business, operational, and regulatory challenges along the way so they can focus on what matters–providing quality, cost-effective care for their patients.

 

Carolyn L. Mitchell

Senior Counsel, Houston

Edgar C. Morrison, Jr.

Partner, San Antonio

Barron P. Bogatto

Partner, Houston

Mary Emma Karam

Partner, Dallas

Alden S. Crow

Partner, Dallas

Kathy N. Hutto

Governmental Affairs Consultant, Austin

Denise Rose

Governmental Affairs Consultant, Austin

Jack E. Skaggs

Partner, Austin

Taylor McDowell

Associate, Austin

Transactional & Business

  • Represented a children’s specialty hospital in the creation of its 5.01a Texas Certified Nonprofit Healthcare Organization and acquire over 30 multi-physician group practices valued over millions of dollars in the aggregate and the employment of over 120 pediatricians for operation of an integrated healthcare delivery system
  • Represented a very large multi-specialty physician clinic with numerous locations in the private placement offering of new ownership interests, setting up its governance structure, and creation of its Accountable Care Organization (ACO)
  • Represented a radiology practice in the amendment of its partnership agreement to implement new provisions for governance, buyouts, restrictive covenants, senior physician status, and different classes of equity and voting partners
  • Represented senior physician shareholders in the buy-out of their interest in a medical practice and its subsidiary management company prior to the sale of the practice and management company
  • Represented a nonprofit hospital in a joint venture with for-profit company to operate urgent care centers
  • Represented a large physician single specialty group in the $21,000,000 sale of its for-profit management company to a national for-profit physician management company, involving stock transfers, stock options, convertible debt, securitization of debt, the employment of key executives, and administrative services agreements between the management company and the physician clinics
  • Represented a Texas Hospital District in the sale of its acute care hospital and related facilities to a national for-profit hospital company with requirements for the company to build the community a new state-of-the-art hospital facility and provide on-going indigent care at specified levels
  • Represented a children’s specialty hospital in the acquisition of a home health company’s assets and operations
  • Represented single specialty physician groups in rollup transactions involving the sale of medical assets to another physician practice group and investment in a related management services organization

Operational & Regulatory

  • Representing hospital clients in matters involving the Centers for Medicare and Medicaid Services and the Provider Reimbursement Review Board (PRRB)
  • Representing healthcare professionals in connection with investigations by their licensure boards and appeals of adverse licensure actions
  • Representing healthcare professionals in passage of legislation affecting regulation of and participation in managed care organizations
  • Advocating and securing increases in Medicaid funding for ICF-IID, Class, HCS and foster care programs, children’s hospitals and rural hospitals, the nursing home and home healthcare industries, vendor drug program, and other healthcare providers
  • Representing hospital clients in legislation to expand the use of telemedicine and telehealth
  • Representing healthcare professionals in the Sunset Commission’s review of their professional licensing board
  • Represented numerous individual physicians defending investigations before Texas Medical Board, with almost completely successful outcomes
  • Successfully reinstate large specialty medical group disenrolled from Medicare program, with full retroactive reinstatement
  • Represented physician establishing concierge medical practice and disenrolling from Medicare participation
  • Represented nursing homes and home health agencies in appeals of Texas license revocation actions
  • Medicare Revocation: Assisted large specialty medical group restore its revoked Medicare certification within one (1) week, with no loss of revenue
  • Stark Repayments: Assisted public hospital with potential Stark overpayment claims. By applying alternative analysis using newly adopted regulations, isolated and mitigated improper referral repayments to $$ thousands rather than original $$ hundreds of thousands
  • Reimbursement Appeals: Represent several hundred Medicare hospitals in federal court group appeal of understated PPS reimbursement
  • OIG Audits: Represent non-profit children’s hospital responding to state OIG Medicaid audits
  • HIPAA Breach: Represented a Medical School in responding to HIPAA breach involving a stolen notebook containing medical information
  • Cyber Attack: Represented a hospital in responding to a cyber attack involving deployment of ransomware

Bankruptcy

  • Represented El Paso Children’s Hospital in its Chapter 11 reorganization, with over $100 million in controversy
  • Represented regional bank secured creditor in the Chapter 11 cases of Victory Medical Center hospitals. Assisted client in structuring a resolution with the Debtors, the Official Committee of Unsecured Creditors and the equity holders of the Debtors to obtain a multi-million dollar recovery on account of the client’s claims
  • Represented regional bank secured creditor in the Receivership and Chapter 11 cases of Cleveland Imaging & Surgical Hospital. Assisted client with DIP loan and note sale resulting in a multi-million dollar recovery on account of the bank’s claims
  • Represented potential purchaser hospital holding company in Chapter 11 case of Westbury Community Hospital, LLC as stalking horse bidder. Assisted client in negotiation and due diligence and ultimately determined that the contemplated purchase was not well-advised

Litigation

  • Representing over 250 hospitals in four hospital systems in federal District Court in case involving potential underpayments for the periods covered by various federal fiscal years because the Secretary of Health and Human Services failed to properly distinguish between patient transfers and discharges
  • Representing a county hospital district in litigation against a terminated emergency department provider group
  • Representing a national telemedicine company in litigation against a state medical board regarding the scope of permitted telemedicine services
  • Represented several radiology practice in litigation against former partners to enforce covenants not to compete
  • Represented a small primary care practice in litigation with an insurance company regarding the practice’s business interruption insurance claims due to hurricane damage
  • Successful arbitration for non-profit hospital in dispute against a managed care company for amounts underpaid for emergency services

Real Estate

  • Represented a Texas Hospital District in the sale of its acute care hospital and related facilities to a national for-profit hospital company with requirements for the company to build the community a new state-of-the-art hospital facility and provide on-going indigent care at specified levels
  • Represented a Texas Hospital Authority to monetize some of its real property by public bid to ground lease it medical office buildings and have the operator agree to update current facilities and develop new additional medical office building and parking garage
  • Represented a national hospital system in the development of a new medical office building for one of its urban campuses
  • Represented a non-profit hospital system in the acquisition of an acute care hospital from a national for-profit hospital company
  • Represented a religious healthcare system in the development of its healthcare campuses across Texas in leasing entire hospital facilities, multiple ground leases to developers for its medical office buildings, and acquisition of land parcels for development of new healthcare campuses and the client’s corporate headquarters
— Mentions

Healthcare Partner Jeff Drummond Comments on Data Breach Case

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New Jersey HIPAA Settlement Signals Upsurge in State Enforcement

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Chambers USA Recognizes Jackson Walker Attorneys and Practices

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Texas Bar Foundation Elects Ten Jackson Walker Attorneys to Fellowship

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Healthcare Partner Jeff Drummond Speaks on HIPAA Criminal Prosecutions and Liability for Employers

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Jackson Walker Welcomes OnRamp Fellowship Attorney Carolyn Mitchell

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Jeff Drummond Quoted in 'Report on Patient Privacy' on Prevalence and Prevention of Protected Health Information Hacks

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Helping Clients' Businesses Stay Healthy

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Jack Skaggs Appointed to the Texas Healthcare Association Legal Advisory Committee

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Jackson Walker Adds Darren Skyles to Healthcare Group

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Six Jackson Walker Attorneys Named '2017 Lawyers of the Year'

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Jeff Drummond Speaks to Medical Economics About HIPAA’s Privacy Rule

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Stephanie Chandler Plays Pivotal Role in San Antonio Medical Foundation's Collaborative Research Grant Fund

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MACRA Will Change the Way You Practice

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New IRS Enforcement Interpretation Takes Aim at Tax Status of Certain Wellness Program Payments

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Jackson Walker Congratulates Its 2016 Chambers-Ranked Partners and Practice Groups

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Follow Jackson Walker on Twitter

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Rev. Proc. 2016-44: Greater Flexibility in IRS Safe Harbor for Management Contracts

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CMS Issues Final Rule, Making it Easier to Sue Nursing Facilities

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Mary Emma Karam Featured in Law360's Rainmaker Q&A Series

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Jackson Walker Wins Appellate Victory for Client in Healthcare Arbitration Case

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Monte James Quoted in 'Law360' Article on Healthcare Arbitration Agreements

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More "Rising Stars" in San Antonio Than Any Other Firm

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Six Jackson Walker Attorneys Named 'S.A. Scene Rising Stars' 2015

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Jeff Drummond Quoted in 'The Dallas Morning News' on Medical Identity Theft

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Susan Koch Quoted in 'The El Paso Times' on Children's Hospital Mediation

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Jeff Drummond Quoted in 'Report on Patient Privacy' on Anthem Data Breach

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Jed Morrison Quoted in 'San Antonio Business Journal' on the Decline of New Physicians Choosing to Open a Private Practice

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Jackson Walker Congratulates Its 2015 Chambers-Ranked Partners and Practice Groups

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Jeff Drummond Published in 'Dallas Medical Journal' on Medical Privacy Rights of Minors

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Staying ahead of healthcare changes

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Practical, strategic leadership | Mary Emma Karam

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Stephanie Chandler, Jed Morrison Speak at San Antonio Healthcare Symposium

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Jack Skaggs Speaks at Texas Association for Home Care & Hospice Conference

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Jim Griffin Quoted on Implications of the Supreme Court Ruling on Same-Sex Marriage

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Jackson Walker Achieves Favorable Settlement for Clients in Qui Tam Lawsuit

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S.A. Scene's 2015 "Best S.A. Lawyers"

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Mary Emma Karam Named AHLA Champion for Second Consecutive Year

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Jackson Walker Represents Air Methods in Acquisition of San Antonio AirLIFE

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Jackson Walker Assists in $730 million Healthcare Merger

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Case Led by Monte James and Joshua Romero is Number 1 Settlement in Texas and Number 4 Settlement Nationally on National Law Journal's '2015 Big Money Wins - Top 50 Settlements of 2015' List

— Press Releases

Jed Morrison Speaks at Health Law Conference

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Wired in to the Health Industry

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Mary Emma Karam Named AHLA Champion

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Seven Jackson Walker Attorneys Named 2015 Lawyers of the Year

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Jackson Walker Congratulates Its Best Lawyers in America 2015

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Jeff Drummond Appointed to Editorial Board of 'Report on Patient Privacy'

— Press Releases

Jeff Kitner Participates in Dallas Breakfast Group Community Leaders Program

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Amanda Crouch Elected Vice President of the Defense Counsel of San Antonio for 2015

— Client Results

Len Wade Successfully Represents Specialty Physicians and Their Family Entities in Arbitration

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‘D Magazine’ Lists 33 Jackson Walker Attorneys Among Best Lawyers in Dallas

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Jackson Walker Secures Favorable Ruling in Medicare Reimbursement Appeal

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U.S. Department of Justice Announces National Healthcare Fraud Takedown

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Will Montgomery Highlights Legislative Policy Issues at THBI Summit

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Chambers USA Recognizes Jackson Walker Attorneys and Practices

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Best Lawyers in America Recognizes 98 Jackson Walker Attorneys

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EEOC Proposes Rules Related to Employee Wellness Programs

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36 Jackson Walker Attorneys Named to “Texas Super Lawyers – Rising Stars” List

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36 Jackson Walker Attorneys Recognized in S.A. Scene’s 2017 Best Lawyers List

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Mary Emma Karam Speaks on Business Development for Women Attorneys

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Ten Jackson Walker Attorneys Named ‘2018 Lawyers of the

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BTI Lists Jackson Walker in Report on Firms with the Best Collaboration

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Texas Lawyer Honors Mary Emma Karam and Amanda Zimmerman with 2017 Professional Excellence Awards

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56 Jackson Walker Attorneys Named to 2018 'Texas Super Lawyers' List by Thomson Reuters

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Dallas Women Lawyers Association Honors Mary Emma Karam With 2018 Louise B. Raggio Award

— Spotlight

Houstonia Magazine Recognizes 10 Jackson Walker Attorneys as “Top Lawyers” in Best of Houstonia

  • Corporate Transactions and Entity Formation: Our nationally-ranked Corporate & Securities practice group works with our Healthcare team to advise our diverse healthcare clients in entity formation, sales and dispositions, joint ventures, change of ownership proceedings, development of management services, support and strategic relationships, and other corporate transactions. Our attorneys partner with our clients to develop and implement creative strategies that maximize value, minimize risk, and position our clients for success in their future endeavor, whether they are a buyer, seller, lender, or startup.
  • Mergers and Acquisitions: We regularly represent buyers and sellers in structuring and closing M&A transactions in the highly-regulated and continuously evolving healthcare environment. Our Healthcare team and M&A attorneys work closely together to account for regulatory effects in all phases of merger, acquisition, divestiture, and other change of control transactions. We also identify and resolve critical M&A issues such as valuation and financing expectations and structures, deal structure, pre-merger notification requirements, government approvals, and third-party consent requirements.
  • Alliances: We assist clients in creating, joining, or growing Independent Practice Associations, Physician-Hospital Organizations, and other joint ventures, and in advising these alliances on meeting qualifications as Accountable Care Organizations for purposes of reimbursement. Our attorneys have considerable experience structuring joint ventures, alliances, and relationships between and among physicians, physician groups, hospitals, healthcare systems, and special healthcare service providers.
  • Healthcare Real Estate Assets: With one of the state’s premier Healthcare practice groups and one of the largest Real Estate practice groups in Texas, we are uniquely situated when it comes to providing superb legal counsel and advice on healthcare real estate transactions. Our attorneys are at the forefront of crafting innovative and cost-effective solutions for clients involved in healthcare real estate, whether for a single dentist’s office or a multibillion-dollar hospital campus. Our Healthcare attorneys work with seasoned professionals in our Real Estate, Corporate & Securities, and Tax groups ensuring clients successfully navigate the unique regulatory constraints, business considerations, and tax implications involved in healthcare real estate transactions.
  • Bankruptcy: Our Healthcare team works with our Bankruptcy group to advise our clients regarding distressed health care facilities that may require bankruptcy, reorganization, workouts, loan restructuring, or other creative solutions. Our decades of experience in workouts and restructurings gives us the tools to successfully navigate sophisticated and complex matters for our clients.
  • Finance: Our Healthcare team works closely with the Finance practice group to deftly manage for-profit healthcare equity and debt financing, including private placements and public offerings. We also have considerable experience in healthcare tax-exempt bond financing and refinancing transactions. We offer a broad range of resources and experience to help for-profit and nonprofit clients alike raise capital in a manner most favorable to their business objectives.
  • Tax: Our highly respected Tax team offers comprehensive federal, state, and local tax compliance and tax planning advice to our healthcare clients. We help secure and maintain tax-exempt and nonprofit status, guiding clients in the reporting of unrelated business income, and advising them regarding the tax implications of mergers, acquisitions, and joint ventures. Our attorneys also counsel clients on property tax exemptions and provide representation before the Internal Revenue Service. With experience in federal, state, and local tax matters affecting healthcare, including tax-exempt organizations, tax compliance, tax controversy, and tax litigation cases, our Tax attorneys are available to ensure tax considerations are taken into account whenever appropriate.
  • Governance:  With a keen understanding of both healthcare law and the trends and forces that drive the healthcare market, our seasoned Healthcare attorneys are able to give providers and other healthcare entities quality legal and business advice in all matters related to governance and day-to-day operations. From developing proper procedures and protocols, to negotiating and drafting the numerous contracts required for the business of healthcare, to staff issues, to the rampant rules and regulations that must be complied with, Jackson Walker is there to guide healthcare clients on the path to success.
  • Healthcare Providers: Our multi-disciplinary approach gives us the advantage of being able to counsel healthcare providers on all their legal needs. Whether forming an entity or an alliance, dealing with employees or government agencies, securing contractual interests, reimbursements, or payments, or obtaining licenses or maintaining certifications, we are able to offer insightful, reliable, and effective advice to healthcare providers and implement the appropriate practices so they can get back to what matters most—taking care of their patients.
  • Labor & Employment: Our Healthcare attorneys work closely with our Labor & Employment attorneys to address all of our healthcare industry clients’ employment needs. We draft medical bylaws, personnel policies, and employee manuals, and assist in the formulation of fair hearing procedures. We also counsel clients regarding all federal, state, and local laws applicable to employers and represent clients in contract negotiations, investigations, and hearings. Our benefits and compensation attorneys also work closely with the Healthcare team and our healthcare clients on the development and implementation of all types of traditional benefit plans, including qualified and non-qualified retirement programs and consumer-driven healthcare programs.
  • Licensure, Certification, & Accreditation: We successfully represent healthcare providers, including individual practitioners and facilities, in all aspects of licensure, certification, and accreditation, including state licensure, CLIA certification, Medicare/Medicaid enrollment and participation, Joint Commission, and NCQA accreditation matters.
  • Managed Care: Our Healthcare attorneys draft, review and negotiate managed care agreements for all types of provider entities as well as for managed care organizations. We represent physicians and professional organizations in managed care negotiations, contracting, and payment disputes and advise on managed care strategies with networks and payors. With experience representing managed care organizations, providers, plans, and a plethora of healthcare entities, our attorneys see the managed care experience from all sides, and they are particularly adept at creating plans that work and finding solutions when issues arise.
  • Reimbursements: Consistent payment of reimbursement claims is of vital importance to any healthcare provider. Our Healthcare attorneys have a stellar track record when it comes to ensuring that a provider’s claims are paid. Whether documents need to be reformed, a process needs to be redesigned, or the plan contract needs to be renegotiated, we have the experience, know-how, and relationships with Payors and Plans to see that the proper systems are in place for claims to be paid promptly and in full. We are also particularly successful at facilitating reinstatement for terminated providers.
  • Legislative & Governmental: Our Healthcare attorneys work closely with our renowned Legislative team to represent the interests of healthcare clients on matters pending before the Texas Legislature and various state and federal regulatory agencies. We assist clients with regulatory and legislative analysis, strategic planning, legislature and agency advocacy, and defining healthcare public policy goals.
  • Regulatory Compliance: Regulatory requirements govern every aspect of the way business is conducted and services are delivered in the healthcare industry. We provide comprehensive, insightful advice and assistance in structuring cost-effective corporate compliance and ethics programs, as well as ongoing monitoring and oversight to proactively assist health care clients in the prevention and detection of improper conduct.
  • Fraud and Abuse: We counsel clients on avoiding violations of the Anti-Kickback and Stark laws, the False Claims Act, Civil Monetary Penalties Law, and other federal and state fraud and abuse laws through competent compliance plans, proper procedures, and training to identify risks.
  • Regulatory Defense: When mistakes happen, we assist clients in responding to regulatory investigations and audits at all stages of the process. From meeting with government officials early in an investigation, to conducting full-scale compliance audits and reviews, to actively litigating complex cases, we are there every step of the way advocating for our clients.