Health Care Law

Overview

Health Care is one of the most dynamic and rapidly evolving areas of law. Legislative and regulatory changes at both the federal and state levels of government, along with unprecedented market activity, are presenting health care providers and insurers with daunting financial and regulatory compliance challenges along with major opportunities. Wilson Elser is equipped to provide health care clients seeking to thrive in this new environment with a unique combination of resources. We offer the strength and superior support capabilities of a large national firm, coupled with the personalized service of teams of health care and government relations lawyers specializing in health care transactions and the unique regulatory and legislative environment in which health care clients must operate. It is precisely the synergy between these two practice areas that enables us to provide our clients with the highest-caliber services and allows our clients to achieve their goals and objectives in the most expeditious manner.

We offer the strength and superior support capabilities of a large national firm, coupled with the personalized service of teams of health care and government relations lawyers specializing in health care transactions and the unique regulatory and legislative environment in which health care clients must operate.

The highly skilled attorneys of Wilson Elser’s Health Care practice work closely with clients in addressing the myriad complex issues that those clients encounter in a constantly changing health care operational and regulatory environment. We find innovative ways to ease compliance burdens and provide creative, cost-effective strategies to complete transactions.

Members of the practice have substantial health care-related experience, many having held prominent leadership positions in government, health care associations and the health care industry. We also have a broad range of experience providing business, transactional and regulatory guidance, along with litigation services, to health care providers and insurers, including individual hospitals, health care networks, physician groups, clinics, nursing homes, home health agencies, adult homes, managed care entities and other health care providers.

Wilson Elser’s Health Care practice is closely integrated with our Government Affairs practice to offer clients a dynamic multidisciplinary blend of experience and innovative counsel in addressing complex state and federal health care matters requiring interaction with government.

The following are representative of the types of health care services Wilson Elser offers its clients:

Counsel/Entity Operations/Transactional

• General counsel services to health care organizations
• For-profit / not-for-profit governance issues
• Health care administrative and regulatory compliance
• Medicaid fraud and abuse compliance
• Medicare fraud and abuse compliance
• Medical privacy, including HIPAA and HITECH privacy, security and breach notification rules
• Managed care contracting 
• Contracting for ancillary services 
• General health care business contracting and leasing
• Asset purchase and transfer agreements
• Medical technology acquisition 
• Physician and other health care professional employment agreements 
• Professional licensing and disciplinary matters
• Medical staff governance and bylaws
• Medical staff fair hearings
• Physician recruitment arrangements
• Development and construction of health care facilities and operations, including the certificate of need (CON) process

Health Care Networks and Restructuring

• Formation / reorganization of health care systems 
• Creation and operation of multi-provider networks
• Joint ventures and partnerships among health care providers 
• Formation of hospital-affiliated physician groups 
• Acquisition of physician practices by hospitals
• Creation and operational assistance to provider- and insurer-based entities providing practice management and electronic medical record assistance to providers

Investigations/Litigation/Proceedings

• Complex civil litigation regarding health care law and policy
• Government audits, surveys, hearings and investigations (Office of Medicaid Inspector General, New York Attorney General Fraud Control Unit, New York State Department of Health, New York State Department of Labor, Office of Professional Medical Conduct, Office of the Professions) 
• Provider payment and reimbursement rate appeals