Jackson Kelly’s Health Care Regulatory practice group has experience in handling a variety of federal and state regulatory issues. From a federal standpoint, the Firm’s attorneys have experience with the fraud and abuse laws, including the Anti-Kickback Statute, the Stark Law, and the False Claims Act. Fraud and abuse experience ranges from white collar defense, to self-reporting overpayments, to general counseling concerning compliance policies and programs. Other federal regulatory programs in which attorneys have experience include the Anti-Dumping Law (EMTALA), HIPAA, the HITECH Act, and Sarbanes-Oxley.
From a state standpoint, the Firm’s attorneys regularly handle matters involving virtually any regulatory issue, including Certificate of Need, hospital rate regulation, health care financial disclosure, professional and facility licensing, and state fraud and abuse.
This practice group includes a multidisciplinary team of lawyers with extensive experience in structuring complex business arrangements for the healthcare industry. The Firm represents all types of healthcare providers across the country, including nonprofit and for-profit hospital organizations, health systems and academic medical centers, long-term care facilities, physician practices, imaging centers, infusion centers, pharmacies, dialysis providers, biotechnology and medical device companies, home health agencies, durable medical equipment providers, ambulatory surgery centers, and other ancillary service providers, in structuring and closing acquisition and other change-of-control transactions. Intimately familiar with the Affordable Care Act, our transaction counsel has been deeply engaged in helping clients adapt to and capitalize on the Affordable Care Act, knitting together the various legal challenges from an aggregate of perspectives.
Members of our team are experienced in representing both buyers and sellers and affiliation partners through the full life cycle of a transaction, including:
- Initial management consideration, analysis, and conceptualization of a transaction
- Due diligence and regulatory review including multi-state regulatory approvals and compliance with federal and state physician-self referral, anti-kickback, medical privacy, and licensing laws
- Board discussions and approvals including strategic planning and special counseling
- Negotiating the transaction agreements
- Analyzing and assisting in the completion and filing of applicable regulatory and reimbursement applications
- Closing of the transaction
- Operationalizing and integrating the target’s business
We work with clients to develop the corporate and contractual structures required to create fully integrated models of care that deliver both efficiency and quality of outcomes. We take a team approach to healthcare transactions, working with other specialists engaged by our clients - including investment bankers, accountants and public relations firms - and drawing on the skills of our lawyers nationwide to handle antitrust, tax, real estate, corporate compliance, privacy, environmental, employment and labor, litigation, FDA, intellectual property, international trade, and public policy concerns.
