Healthcare Law

The health care industry is a major focus of our firm.  Our extensive experience enables us to help you meet the challenging demands of this highly-regulated industry.  Our unique blend of professionals allows us to serve a wide range of clients throughout the Northeast and in New Hampshire, including:

• Hospitals
• Physician Group and Multi-Specialty Practices
• Individual Physicians
• Long Term Care Facilities
• Health Management Organizations
• Ambulatory Surgical Centers
• Non-Profit Health Care Clinics
• Medical Foundations

Many of our attorneys have experience as leaders of state agencies, and, along with our strong government relations affiliation and network, this practical experience enables us to understand and anticipate the impact of economic and legal changes in the industry and to help clients cost-effectively manage these issues.

We provide corporate, litigation and regulatory compliance support for our clients on a daily basis, develop and negotiate collaborative relationships and business ventures, provide transaction, tax and employment advice, and help clients meet the challenging demands of a highly regulated and competitive industry.

The health care industry is subject to continuing and profound change as a result of unrelenting economic pressures.  Due to dramatically higher health care and liability costs, market participants are trying many different ways of doing business.  Novel business transactions, provider affiliations and attempts to transfer risk between participants in the system are increasing. 

Unfortunately, many of the legal and regulatory responses to this crisis by the federal and state governments have merely increased the complexity of the playing field, without providing any relief from the underlying economic pressures. We understand the impact these changes have on our clients, and our goal is to provide practical guidance to help.

Our attorneys provide essential and specialized services to a wide-range of health care clients.  Our health care team is made up of attorneys who together provide the full range of services needed by clients.  Our health care group is supported daily by our corporate, insurance, employment and tax group attorneys in order to ensure that the many needs of our clients are met.

Strategic Compliance

We closely follow both the economic and the legal changes in the industry to anticipate and understand the needs of our clients and to provide efficient solutions in compliance with multiple federal and state regulations.

• Represent physician groups, multi-specialty clinics, hospitals and ambulatory surgical centers in complying with a broad range of federal and state regulations including privacy and security, fraud and abuse, antitrust, EMTALA, certificate of need and licensing. 
• Secured approvals from the New Hampshire Health Services Planning and Review Board for major health facility projects. 
• Represented large independent physician association in managing care to patients. 
• Assist major facilities and physician practices with HIPAA and other regulatory compliance. 
• Defended facilities in Medicare deficiency investigations and actions.

Corporate and Transactional Advice

We provide a full range of support for healthcare providers including overall corporate support, strategic joint venture advice including negotiation of service arrangements, mergers and acquisitions, tax advice, advice to non-profits, and practical advice on shifting risk by contract.      

• Represented providers in planning, developing and negotiating joint venture arrangements with Hospitals and other providers to improve the quality of and access to health care.
• Served as corporate and compliance counsel to physician practices, multi-specialty clinics, health care facilities and hospitals.
• Successfully represented public health facility before city officials and in court to ensure the opening of a new facility improving patient access to public health services in the community.
• Negotiated resolutions to major contract disputes amongst payors and providers.
• Represented a major health insurer in obtaining New Hampshire approval of its demutualization.
• Successfully negotiated a joint venture  agreements between a regional hospital and medical practice to the satisfaction of  all parties.
• Expanded health care services for uninsured New Hampshire families through a commercial transaction for one of the state’s largest community health centers.

Provider Defense

Our team constantly reviews medical malpractice law, and we have a wealth of experience providing advice to caregivers and patients involved in malpractice cases, licensure actions, quality assurance, and peer review programs.

• Represented the American Medical Association on an appeal to the New Hampshire Supreme Court and the New Hampshire Medical Society on an appeal to the United States Supreme Court.
• Represent physicians before the New Hampshire Board of Medicine.
• Represent physicians and hospitals in credentialing disputes.
• Years of experience defending providers in state and federal court medical malpractice actions.
• Represented providers in defending whistleblower and other employment actions.
• Represented hospitals and physicians’ groups in matters related to non-competition and non-payment actions.

Working with Government

We understand that regulators play a critical role in interpreting the law, and we stay in close contact with both federal and state regulators in order to influence these interpretations.  If legislation is the best way to solve a problem, our healthcare group works closely with our government relations group to achieve a legislative solution for our client.

• Increased access to medication for low-income New Hampshire residents through the creation of the N.H. Medication Bridge Program and the establishment of a contract to administer the pharmacy benefit program for Medicaid patients. 
• Protected the tax exempt status of educational and charitable organizations in New Hampshire. 
• Created and secured regulatory approvals for a new provider owned New Hampshire health insurance company. 
• Expanded the scope of vaccine requirements for children and adults in New Hampshire to include protection from varicella (chicken pox) and pneumococcal pneumonia. 
• Represented the providers of psychiatric services to patients at the New Hampshire Hospital and to the community for the renewal of a unique public-private partnership between the State of New Hampshire and community providers.