Healthcare Litigation

We understand the struggles our healthcare clients face in a rapidly changing and highly regulated industry. Our attorneys have decades of combined experience representing healthcare providers and practitioners in a broad range of Healthcare Litigation matters. From high-dollar qui tam battles, antitrust issues, and significant payment disputes with Medicare and Medicaid, to employee actions, partnership disputes, Managed Care litigation, administrative and regulatory cases, including licensure actions, and collection actions, Jackson Walker has the skilled litigators and industry experience to protect our clients’ interests in virtually any dispute related to the healthcare industry.

As a full-service firm, we have the background and support systems needed to effectively manage all aspects of our Healthcare Litigation cases. Our clients know we have the necessary industry insight, business acumen, and legal experience to assist them in identifying and understanding their options so they can decide upon the best strategy given their particular situation and objectives. This enables them to move decisively toward a positive outcome, be it in or out of the courtroom. We help our clients fight their legal battles – and win – so they can concentrate on what matters most, delivering the very best in patient care and support.

The breadth of our experience enables us to provide exceptional service to clients engaged in all facets of healthcare delivery. Our healthcare clients include entities of all sizes from large hospital systems to private practitioners, including both non-profit and for-profit community hospitals, specialty facilities, surgery centers, nursing homes, hospice providers, home health providers, assisted and independent living facilities, and individual doctors, nurses, administrators, and dentists. We have a long history of successfully defending medical malpractice claims against healthcare entities and providers.

  • Handled Medicare reimbursement appeal for 277 hospitals before the DC Circuit Court challenging the Secretary’s establishment of the Medicare prospective payment system “standardized amount,” a calculation which is the principal building block of the program’s prospective payment system for hospitals. The DC Circuit Court held that the regulation did not bar the appellants’ Medicare appeals and observed that such a position could result in the perpetual use of erroneous information. This case has received national attention, both for the Medicare reimbursement issue, as well as the ability for hospitals to pursue appeals of predicate facts in other contexts.
  • Represented client before, during, and after a health regulatory investigation. Assisted co-counsel in negotiating a settlement with the DOJ and OIG and then revised the client subsidiaries’ structure and transactional documents to comply with the government’s extensive Corporate Integrity Agreement.
  • Successfully negotiated settlement agreement for former employee asserting wrongful termination, as well as several alleged operational improprieties at a skilled nursing facility. Case required significant research, briefing, discovery, and strategy relating to the novel theories of liability asserted by Plaintiff for purported deficiencies related to new resident admission procedures and patient care.
  • Successfully appealed and reversed HHSC denial of the license renewal application of a skilled nursing facility for failure to comply with minimum standards of financial condition.
  • Healthcare fraud and abuse defense, including allegations under state and federal anti-kickback regulations and Stark laws
  • Defense of civil actions alleging Medicare and Medicaid fraud and abuse
  • Government investigations
  • Administrative and regulatory cases, including licensure actions
  • False Claims Act/qui tam litigation
  • Commercial payor audits and disputes
  • Government payor audits and disputes
  • Medical staff and credentialing disputes
  • Defense against HIPAA, HITECH, and other privacy claims
  • Recovery Audit Contractor (RAC) audits and appeals
  • ZPIC audits and appeals
  • Administrative hearings and appeals of government regulatory actions
  • CMPL defense
  • Defense of OIG exclusions
  • Professional services arrangements and disputes
  • Nonprofit institution and tax issues