Overview
Hospitals and health systems face a daunting challenge: They must continue diversifying their business lines to take advantage of new technologies and meet community needs while establishing effective physician recruitment and integration strategies and operating within an extremely difficult financial environment.
As a health care “super boutique,” Epstein Becker Green has significant experience representing tax-exempt and for-profit health systems and community hospitals in a wide variety of regulatory, operational, and strategic business issues and helping them overcome their challenges. We are fully familiar with the increasingly vigilant government enforcement climate, which defines the health care industry's modern environment.
Our approach to representing hospitals and health systems involves a coordinated synergy among lawyers with experience in all relevant subject matters, including corporate law, tax-exempt law, fraud and abuse, hospital law, litigation, biomedical and human subject research, managed care, and employment law.
Since the early 1980s, we have represented hundreds of hospitals and health systems as general counsel and in specific projects. We have been at the forefront of physician-hospital integration and alignment efforts, as well as in the consolidation of health care systems, both in corporate structuring and in obtaining antitrust clearance. We have represented hospital systems in hundreds of mergers, acquisitions, and joint ventures and have successfully defended several highly visible government challenges to hospital mergers. Clients rely on us to advise them in connection with establishing ancillary service joint ventures, such as ambulatory surgery centers (ASCs).
Our Services
Drawing on our vast knowledge in a range of legal subjects, Epstein Becker Green provides complete legal support for hospitals and health systems in connection with their transactional, regulatory, and strategic initiatives. Our services include, among other things:
- Providing corporate representation (including antitrust counseling) in connection with transactions, such as mergers, acquisitions, joint ventures, and divestitures
- Supplying regulatory counseling on fraud and abuse, the Stark Law, and state regulatory compliance issues in transactions and other physician-integration arrangements
- Providing guidance in connection with strategic initiatives on creating more integrated delivery systems, as well as structuring and negotiating joint ventures and agreements with a variety of third parties, including other health care providers, administrative service providers, and other vendors, to create integrated delivery systems
- Synthesizing tax-exempt law requirements with fraud and abuse rules in hospital-physician arrangements and joint ventures
- Seeking Advisory Opinions from federal regulatory agencies in appropriate cases
- Counseling on labor and employment issues
- Advising on HIPAA compliance
- Counseling on Medicare and Medicaid (and other government health programs) compliance activities, including internal investigations of potential noncompliance; responding to government inquiries and investigations; advising on voluntary disclosures; and negotiating corporate integrity agreements (CIAs)
- Advising on EMTALA compliance
- Structuring and negotiating appropriate compensation arrangements with physicians in connection with employment, medical directorships, recruitment initiatives, department management, and office and equipment leases
- Structuring and negotiating physician practice acquisitions and divestitures
- Establishing and implementing corporate compliance programs for hospital and ancillary providers within the health system
- Addressing medical staff matters, including fair hearing requirements and designing state-of-the-art medical staff bylaws
- Negotiating managed care agreements and risk-sharing arrangements with payors
- Providing guidance in connection with strategic initiatives on system affiliations
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Focus Areas
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Contacts
- Board of Directors / Member of the Firm
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Events
Upcoming Events
Past Events
- June 10-12, 2024
- Spring 2024
Insights
Insights
- PublicationsPart 2, Part Deux: New Rules for SUD Information Sharing2 minute read
- PublicationsClose of Comment Period for RFI on Consolidation in Health Care Markets2 minute read
- Firm Announcements
Epstein Becker Green Receives National Recognition and Top Rankings in the 2024 Edition of Legal 500
3 minute read - Media CoverageHelaine Fingold Quoted in “FMO Lawsuits Could Delay Agent and Broker Compensation Rules”3 minute read
- Media CoverageJohn Puente Featured in “People on the Move”1 minute read
- Media CoverageMelissa Borrelli Featured in “People on the Move”1 minute read
- PublicationsLeslie Norwalk Responds to Joint Agency RFI on Consolidation in Health Care Markets3 minute read
- Media CoverageRaja Sékaran Featured in “People on the Move”1 minute read
- PublicationsFTC Requests Substantial Increase to FY 2025 Budget2 minute read
- BlogsPodcast: Unveiling Gender-Affirming Care: Why It Matters and What’s at Stake – Diagnosing Health Care2 minute read
- PublicationsCorporate Practice of Medicine: A 50 State Survey2 minute read
- PublicationsState Supreme Courts and Ballot Initiatives: Arizona, Florida Exemplify the Abortion Battle Playing Out in the States ...14 minute read
- PublicationsFinal Medicaid Managed Care Rule Updates Requirements Regarding Access, Finance, and Quality17 minute read
- PublicationsCMS Finalizes Medicaid Access Rule: Significant Changes Ahead for HCBS Industry10 minute read
- PublicationsCMS Finalizes Rule Establishing Minimum Staffing Standards for Long-Term Care Facilities17 minute read
- PublicationsFederal Antitrust Enforcement Agencies Launch New Reporting Tool2 minute read
- Media CoverageKate Rigby, Dan Fahey Quoted in “Why the FTC’s Noncompete Rule Will Make Chicago Hospitals Look Over Their Shoulders” ...3 minute read
- Media CoverageJenny Nelson Carney Discusses Effects of Emergency Abortion Care Case Set to Go Before U.S. Supreme Court3 minute read
- Media Coverage
Kate Heffernan Featured in AHLA’s Speaking of Health Law Podcast, “Trends Related to Research Misconduct” ...
1 minute read - Media CoverageRaja Sékaran Quoted in “Divisive Cost Cap Deadline Looms for Calif. Healthcare Cos.”2 minute read
- PublicationsFive Commissioners and a Vote on Noncompetes to Come2 minute read
- BlogsSpilling Secrets Podcast: Navigating Physician Non-Compete Litigation3 minute read
- BlogsPodcast: Key Changes in Finalized Antitrust Merger Guidelines – Diagnosing Health Care2 minute read
- Media CoverageHelaine Fingold Quoted in “3 Years In, 'No Surprises' Gets Mixed Reviews from Providers”2 minute read
- Media CoverageCSHA Members Join Epstein Becker Green1 minute read
- PublicationsFood Is Medicine: The Road to Universal Coverage2 minute read
- BlogsUpdated Requirements for Informed Consent: HHS Issues New Guidance on Sensitive Exams4 minute read
- Media CoverageRaja Sékaran, John Puente, Melissa Borrelli Featured in “Wake Up Call: Laterals, Moves, In-House”1 minute read
- Media CoverageEpstein Becker Green Grows Health Care & Life Sciences Practice2 minute read
- Firm AnnouncementsEpstein Becker Green Fuels West Coast Momentum with Six-Attorney Health Care Team6 minute read
- Media CoverageEpstein Becker Green Adds 6-Atty Healthcare Team in San Francisco2 minute read
- Media Coverage
Epstein Becker Green’s Bay Area Healthcare Attorney Additions Featured in the San Francisco Business Times
1 minute read - PublicationsAdvancing Interoperability and Improving Prior Authorization: No One Said It Would Be Easy!18 minute read
- BlogsWorkplace Violence Prevention, State and Federal Legislation: Will Criminalizing Assaults in Health Care Facilities ...7 minute read
- PublicationsFTC Continues Investigation into PBM Practices2 minute read
- PublicationsMade to Measure: Informal Remediation, Corrective Action, and Fair Hearings4 minute read
- PublicationsFDA and OHRP Issue Joint Draft Guidance on Content, Organization, and Presentation of Consent Forms for Research ...9 minute read
- PublicationsAgencies Focus on Private Equity in Health Care2 minute read
- Firm AnnouncementsEpstein Becker Green Continues West Coast Expansion by Adding Employment Attorney Haley Morrison in Portland3 minute read
- BlogsSpilling Secrets Podcast: Latest Developments – Restrictive Covenants in the Health Care Industry3 minute read
- PublicationsFTC Calls on Congress to “Modernize” HSR Act and Extend Waiting Periods2 minute read
- Media CoverageMarjorie Scher Quoted in “Citing U.S. Supreme Court Decision, Health System Sues Medicare Advantage Plan for Past 340B ...4 minute read
- Media CoverageBob Hearn Quoted in “Concerns Mount as More States Adopt Biomarker Laws”2 minute read
- PublicationsNavigating Primary Care Partnerships: Strategic Considerations and Transaction Trends2 minute read
- Publications
Striking a Balance: The Supreme Court and the Future of Chevron Deference
27 minute read - Media CoverageNashville Business Journal Counts Epstein Becker Green Among Largest Law Firms in the Region1 minute read
- PublicationsNavigating New Regulations in Healthcare and Other M&A2 minute read
- PublicationsHealth Care M&A Insights: Q4 2023 & Outlook for 2024 Deal Activity4 minute read
- PublicationsRevised HSR Thresholds Announced2 minute read
- Media CoverageGary W. Herschman Quoted in “Worried Practice Buyers Will Hobble Care? Get It in Writing During Contracting” ...3 minute read