Dechert represents a broad range of clients in the healthcare industry, from healthcare providers and systems, managed care organizations, health maintenance organizations, hospitals ambulatory surgery centers, rehabilitation centers, extended and elder care facilities, imaging centers and assisted living facilities to pharmaceutical companies and medical equipment and supply manufacturers.
We provide comprehensive service, offering skillful representation in business transactions and general corporate matters, advice on risk management, tax-exemption and funding issues, guidance on regulatory and fraud and abuse issues, representation in government investigations and on compliance matters, as well as counsel and representation in all aspects of litigation and other forms of dispute resolution. Applying our deep industry knowledge and legal experience, we offer healthcare organizations worldwide solutions to improve their performance.
Mergers, acquisitions, joint ventures, affiliations, collaborations and other alliances involve complex healthcare law issues, tax issues and regulatory requirements. We provide close guidance every step of the way, from structuring and due diligence through drafting and negotiation, helping to ensure that transactions are completed on time and on terms favorable to our clients. We regularly represent hospitals and other healthcare providers in the full range of the transactions they participate in, handle specialized pharmaceutical and medical device product development, licensing and distribution agreements, address rules of advertising and co-promotion, antitrust and competition challenges and provide guidance on outsourcing, real estate acquisition and development, business restructuring and reorganizations.
Dechert lawyers frequently counsel clients on joint ventures and other corporate transactions involving physicians, hospitals, payors and other participants in the healthcare industry and provide advise on compliance with applicable laws and the cross-border implications of health industry transactions. In addition to forming, restructuring and divesting healthcare systems, obligated bond groups and other affiliated entities, we routinely advise on: nonprofit affiliations and divestitures; nonprofit/for-profit joint ventures; hospital, physician practice, and other provider acquisitions, sales and conversions.
We skillfully manage all facets of deals from initial consideration through implementation after closing. Drawing on the experience of other practice groups within the firm, we offer the expertise to effectively and efficiently address all aspects of a transaction, including antitrust; finance; labor, employment and benefits; finance; governmental approvals; real estate; and tax.
General Corporate Services
Clients rely on Dechert for practical advice on tax-exempt and for-profit business formation, tax-exempt and commercial financing, structuring, reorganization, dissolution, fiduciary issues and immigration, as well as guidance on more routine matters such as medical director, service and supply agreements. We regularly counsel clients on such diverse matters as information systems security, e-health and self-insurance.
Dechert lawyers help clients navigate labor and employment matters involving the Employee Retirement Income Security Act (ERISA), the Occupational Safety and Health Act (OSHA) regulations, employment and collective bargaining agreements and employee benefit and executive compensation plans. We also have significant experience in the areas of general liability, professional liability and directors’ and officers’ liability insurance.
Dechert helps healthcare organizations address tax-exemption and fundraising issues precipitated by unique transactions as well as everyday business operations. We advise clients on matters relating to federal tax-exempt status, tax planning, private inurement and private benefits, intermediate sanctions, tax-exempt financing, unrelated business income tax rules, conversions to taxable entities and tax audits.
We regularly assist clients in avoiding the expensive penalties associated with regulatory violations.
Our health law team advises clients on a broad array of compliance matters, helping them implement compliance programs relating to privacy, security, and other regulations promulgated under the Health Insurance Portability and Accountability Act (HIPAA), the “Stark Law,” the Emergency Medical Treatment and Active Labor Act (EMTALA) and other statutes. Clients benefit from our proactive advice on fraud and abuse issues, certificates of need and licensure, survey and certification, among other matters.
Our healthcare lawyers have developed policies, procedures and training programs for clients, and we regularly advise our healthcare clients on the legal implications of their day-to-day operations, including information security matters, compliance, auditing and remediation, monitoring, incident response and access controls. We also advise clients on the best ways to advance their business and legal interests in civil, criminal and regulatory investigations and disputes.
Should a client’s preventive efforts prove unsuccessful, we provide skillful representation in government investigations, audits, and inquiries involving the Medicare anti-kickback statute, the Stark laws, and the False Claims Act.
We have negotiated a significant number of corporate integrity agreements with the government and have assisted clients in implementing, monitoring, and enforcing these programs. Because many Dechert lawyers have served as federal prosecutors, we are well prepared to advise clients on the civil, criminal and administrative aspects of government investigations.
Dechert represents clients in every type of health industry dispute, including antitrust cases, directors’ and officers’ litigation, contract claims, certificate of need hearings, labor and employment matters, disputes with service providers, patient maltreatment claims and insurance coverage matters.
We are experienced in all aspects of medical staff litigation, including bylaw interpretation, administrative hearings and appeals, Health Care Quality Improvement Act (HCQIA) compliance and reporting and complex litigation. We have also defended numerous clients in qui tam cases brought under the False Claims Act.
Recognizing that litigation is costly and can damage a company’s reputation as well as interfere with its business operations, we advise our clients on the costs and benefits of litigation versus the use of alternative dispute resolution mechanisms.