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Health Care

Spencer Fane’s health care industry team provides holistic solutions for health care providers. We serve a wide and diverse range of clients within the industry including acute care hospitals, multi-facility hospital systems, out-patient facilities, physician groups, individual health care providers, long-term care facilities, medical associations, research organizations and universities. Our clients face issues which require the broad range of experience and expertise present in many of Spencer Fane’s traditional practice areas.

Led by our core group of health care, our team includes attorneys from other legal disciplines who have significant experience working with health care providers. Our attorneys specializing in corporate, financial services, real estate, environmental, labor and employment, insurance, and employee benefits law work together to provide comprehensive solutions to complex problems helping our health care clients succeed in today’s challenging environment. Spencer Fane combines our specialized experience with a proactive approach and a commitment to our clients' success, making us the most effective choice for healthcare legal matters.

Our health care team is experienced in the following areas:

Contracts - preparation, negotiation, analysis of agreements while ensuring compliance with applicable laws, including Anti-kickback, Stark, and Civil Monetary Penalty laws.

  • Hospital/physician contracts 
    • Physician and other health care provider employment contracts and independent contractor arrangements 
    • Physician recruitment contracts
  • Vendor agreements
    • Electronic health record and information systems
    • Supply chain
    • Services
  • Practice acquisition contracts
  • Managed care and third-party payor contracts
  • Employment agreements for executives and staff
  • Real estate purchase contracts (including financing) and space leases
  • Equipment purchase contracts and leases


Corporate Governance, Transactions, and Compliance

  • Counseling and advisement of governance boards
  • Compliance
    • Corporate compliance plans
    • Statutory and regulatory compliance policies and audits
    • HIPAA (Health Insurance Portability and Accountability Act) compliance policies, training, and breach management
    • Stark
    • Anti-kickback
    • EMTALA (Emergency Medical Treatment and Active Labor Act)
  • Mergers, acquisitions, and joint ventures involving physicians, hospitals, and other entities in the health care industry, and compliance with relevant laws, e.g., Stark (physician self-referral), Anti-kickback and antitrust
  • Physician integration models
  • Corporate/governance bylaws
  • Entity selection and restructuring
  • Finance 
  • Internal investigations


Licensure and Accreditation

  • Facility licensure 
  • Professional licensure 
  • State, Joint Commission on Accreditation of Healthcare Organizations, and Healthcare Facilities Accreditation Program accreditation issues.


Medical Staff

  • Bylaws and regulations 
  • Credentialing policies and procedures 
  • Peer review including fair hearing plans, investigations, and hearings
  • Restructuring of Medical Staff to address increased emphasis on quality and utilization


Reimbursement

  • Medicare & Medicaid denials and appeals
    • Recovery Audit Contractor (RAC)
    • Medicare Administrative Contractor (MAC)
    • Medicaid Integrity Contractor (MIC)
    • Quality Improvement Organization (QIO)
  • Third-party payor and managed care denials and appeals