Overview
Today’s health care industry is driven by evolving policies, regulations, and enforcement actions, as well as technological innovations.
This landscape offers both obstacles and opportunities, and to thrive in it, businesses operating within the health care industry need experienced counsel to navigate the complex framework that governs their operations.
At Epstein Becker Green, we’ve been representing clients nationally across the health care spectrum since 1973. As one of the nation’s premier law firms in the health law field, with approximately 150 attorneys devoted to health care law across the nation, we are well equipped to address the unique challenges and opportunities that the health care industry faces.
In an industry with so many interrelated disciplines, we have the multidisciplinary team to address virtually any issue that may arise on the compliance, defense, operational, and technological (including artificial intelligence (AI)) fronts. Our attorneys are supported by a close-knit network of consultants and technical advisors from our affiliate EBG Advisors, Inc., many of whom have worked for health care organizations or government agencies—and in some cases both—as well as legislative and regulatory advocates from our affiliate National Health Advisors.
Health Law Transactional and Regulatory Services
We regularly lead our clients through all manner of health-related issues, providing transactional, regulatory, and compliance counsel. We are frequently engaged in core “bet the ranch” matters, as well as matters requiring a high level of sensitivity and discretion. Our health care thought leaders supply innovative legal and business advice, effectively anticipating and guiding health care clients through the release of new regulations, closing vital transactions, launching new products, assessing potential acquisitions, and leading government investigations and actions, always with an eye on the long game to secure the best outcome for our clients’ business. Clients also rely on us to help them navigate government payment programs, antitrust, clinical research, corporate, fraud and abuse, managed care, privacy and cybersecurity issues, and much more. We represent research institutions and academic medical centers, manufacturers and distributors, providers and payors, as well as investors and private equity firms looking to invest in health-related targets. We design and implement our clients’ compliance programs, conduct due diligence for their acquisitions and investments, and assist with their responses to investigations.
Litigation Services
We work with our health care clients to help them avoid litigation, and we vigorously defend them when lawsuits are unavoidable. Our litigation team, which includes members with high-level governmental prosecutorial backgrounds, has extensive experience representing health care clients in federal and state trial and appellate courts and before administrative and private tribunals in civil and criminal cases. Clients count on us to handle matters involving fraud and abuse, data breaches, and antitrust issues, among others.
Health Employment And Labor (HEAL®)
As the health care landscape continues to shift, so do the issues confronting employers in the health care industry. We created the HEAL® strategic industry group, which unites two of the firm’s practices—Health Care and Employment, Labor & Workforce Management—to help health care and life sciences companies address the many challenges they face in the labor, employment, and workforce management area. Clients value our cross-disciplinary legal and regulatory experience and our ability to provide comprehensive and practical solutions to complex employment problems.
Health care employers look to our HEAL® strategic industry group for advice on discrimination matters, employee benefits programs, immigration matters, labor-management relations, non-competition agreements, wage and hour compliance, whistleblower actions, and the use of AI in human resources and labor management decision-making. Members of the group also counsel health care clients on how to effectively handle U.S. Department of Labor policy changes, which are creating new liabilities for organizations operating in the health care industry and new requirements for labor and employment compliance.
Our Clients
All of our strengths are embodied in our representation of clients in the following fields, and more:
- Academic Medical Centers
- Ambulatory Care Facilities
- Clinical Laboratories
- Group Purchasing Organizations
- Health Plans and Other Insurers
- Health Care Technology Companies
- Home Health, Hospice & Community-Based Providers
- Hospitals and Health Systems
- Medical Device Manufacturers
- Pharmacies
- Physician Group Practices/Management
- Post-Acute and Long Term Care Providers
- Suppliers and Distributors
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Focus Areas
Services
- Academic and Clinical Research
- ADA and Public Accommodations
- Affirmative Action/OFCCP Compliance
- Antitrust
- Appellate
- Behavioral Health
- Business Torts, Competition & Trade Secrets
- Class Actions
- Commercial and Contract Litigation
- Construction Law
- Corporate & Transactional
- Corporate and Securities Litigation
- Corporate Financing
- Corporate Governance
- Corporate Practice of Medicine
- Corporate Reorganization
- Cross-Border Data Transfers
- Cross-Border Transactions
- Cybersecurity Risk Assessment
- Data Asset Management
- Data Breach and Incident Response
- Data Breach/Cybersecurity Investigations & Litigation
- Data Protection
- Digital Health
- Diversity, Equity & Inclusion Counseling
- Drug and Medical Device Coding, Coverage, and Payment
- Employee Benefits and ERISA
- Employment Compliance Counseling
- Employment Litigation
- Employment Training
- Employment, Labor & Workforce Management
- ERISA – Retirement and Benefit Plan Litigation
- Executive Compensation
- Federal and State False Claims Act (Including Qui Tam)
- Federal Research Grants: Compliance, Investigations & Enforcement
- Financial Restructuring and Bankruptcy
- Foreign Multinational Counseling and Litigation
- Fraud and Abuse Compliance Counseling and Defense
- General Counsel Services
- Government and Commercial Coding, Coverage, and Payment
- Health Care
- Health Care and Life Sciences Investigations and Enforcement
- Health Care and Life Sciences Investor Services
- Health Care Construction Law
- Health Care Litigation
- Health Care Mergers and Acquisitions
- Health Insurance Exchanges
- Health Policy and Legislation
- Immigration
- Insider Threats
- Intellectual Property
- Intellectual Property Litigation
- Internet of Things (IoT)
- Interoperability
- Labor and Employment Due Diligence
- Labor Management Relations
- Life Sciences
- Litigation & Business Disputes
- Managed Care
- Medical Staff, Peer Review
- Medicare Advantage
- Mental Health Parity
- Mergers, Acquisitions & Divestitures
- Occupational Safety and Health (OSHA)
- Opioids
- Pandemic Workforce Issues
- Pay Equity
- Privacy Compliance Strategies
- Privacy, Cybersecurity & Data Asset Management
- Product Marketing and Compliance
- Ransomware
- Real Estate
- Remote and Hybrid Work
- Social Media and the Workplace
- Stark and Self-Referral Laws
- State Privacy Law Compliance
- Tax and Tax-Exempt Counseling
- Telehealth
- Trade Secrets & Employee Mobility
- Value-Based Purchasing and Accountable Care
- Wage and Hour
- Whistleblowing and Compliance
- White Collar Defense and Internal Investigations
- Workforce Government Relations
- Workforce Restructuring and Other Cost-Saving Mechanisms
- Workplace Investigations
Industries
Experience
- Mental Health ParityProvided Counsel to National Group Commercial Insurer with the Use of Third-Party Administrators Regarding Mental Health Parity Compliance
- Mental Health ParityGuided National Payor Through the Development of a Centralized Parity Compliance Program to Operate Across a Large Number of States and Markets
Our Team
Media
Events
Upcoming Events
Past Events
Insights
Insights
- PublicationsFDA and OHRP Issue Joint Draft Guidance on Content, Organization, and Presentation of Consent Forms for Research ...9 minute read
- BlogsProposed Minnesota House Bill HF 4206 Would Prohibit Ownership Interests, Operational/Financial Control of Health Care ...3 minute read
- Blogs2024 Update: Regulators Use “Carrots and Sticks” to Incentivize Healthcare Sector Cybersecurity Compliance7 minute read
- Media CoverageBradley Merrill Thompson Quoted in “FDA Warned of Removing Guidance Comment Period in Proposed Plan”2 minute read
- BlogsProposed CA Assembly Bill 3129: Notice & Consent for Private Equity, Hedge Funds Acquiring/Changing Control of Health Care ...6 minute read
- BlogsUpdate: Alabama Legislature Moves to Shield IVF from “Personhood” Ruling5 minute read
- Firm AnnouncementsEpstein Becker Green Continues to Materially Expand Employee Benefits and Executive Compensation Capabilities with ...3 minute read
- BlogsTime Runs Out in the Oregon State Senate for HB 4130, but Will Likely Return in 20256 minute read
- BlogsImportance of Negotiating Operating Expense Provisions in Health Care Leases7 minute read
- BlogsImportance of Negotiating Initial Term and Renewal Terms in Health Care Leases4 minute read
- BlogsBioMarin Subpoena Potentially Signals Continued Investigations into Sponsored Testing Programs4 minute read
- PublicationsAgencies Focus on Private Equity in Health Care2 minute read
- Firm AnnouncementsEpstein Becker Green Named Among “Leading Edge Law Firms” by BTI Consulting Group2 minute read
- BlogsUnpacking Averages: Analyzing FDA’s Performance in Finalizing Guidance Documents14 minute read
- Firm AnnouncementsEpstein Becker Green Continues West Coast Expansion by Adding Employment Attorney Haley Morrison in Portland3 minute read
- BlogsSAMHSA Final Rule Regarding OTPs Expands Access, Increases Flexibility for Patients5 minute read
- Publications
Will Religious Freedom Claims Trump Public Health? Braidwood and HIV Prevention
2 minute read - Firm Announcements
Three Epstein Becker Green Attorneys Cited for Noteworthy Thought Leadership in JD Supra 2024 Readers’ Choice Awards ...
4 minute read - Media CoverageRichard Hughes Quoted in “ObamaCare Faces Key Hearing After Texas Ruling”2 minute read
- BlogsVideo: Braidwood v. Becerra – Challenging the Affordable Care Act’s Preventive Services Coverage Provision – ...2 minute read
- Media CoverageRichard Hughes Quoted in “4 Argument Sessions Benefits Attys Should Watch in March”4 minute read
- Media CoverageRichard Hughes Quoted in “Affordable Care Act Preventive Services Under Threat: Previewing Braidwood Oral Arguments” ...4 minute read
- BlogsSpilling Secrets Podcast: Latest Developments – Restrictive Covenants in the Health Care Industry3 minute read
- Blogs
Privacy Officer's Roadmap: Data Breach and Ransomware Defense – Speaking of Litigation Video Podcast
42 minute read - BlogsIn Alabama, Pre-Embryos are “Extrauterine Children” Under the State’s Wrongful Death Statute11 minute read
- BlogsDOJ’s FY 2023 Statistics: Highest Number of Settlements, Judgments, and Civil Investigative Demands in History and a ...7 minute read
- Media CoverageRichard Hughes Quoted in “Doc Pay Patch Could Emerge in Scaled-Back Health Package; Budget Talks Continue”2 minute read
- PublicationsFTC Calls on Congress to “Modernize” HSR Act and Extend Waiting Periods2 minute read
- Firm AnnouncementsEpstein Becker Green’s Complimentary Wage & Hour App Provides Employers with Updates on Key Laws for 20243 minute read
- Media CoverageBob Hearn Quoted in “Concerns Mount as More States Adopt Biomarker Laws”2 minute read
- Media CoverageDavid Shillcutt Quoted in “Growth in Outpatient Programs Signals Opportunities for MFTs, MHCs”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 - PublicationsNavigating New Regulations in Healthcare and Other M&A2 minute read
- Media CoverageMegan Robertson Featured in “Women in STEM: The Stories of Five Women Scientists with Clemson Ties”4 minute read
- Media CoverageLesley Yeung Quoted in “How Trump Could Weaken Medicare Drug Pricing Negotiations”4 minute read
- Media CoveragePaul DeCamp Quoted in “Ambiguity Is Key to Triggering Agency Deference”3 minute read
- PublicationsNYC ESSTA’s New Private Right of Action Gives Employers a Reason for Action … to Review Safe and Sick Leave Policies ...11 minute read
- BlogsCMS Announces Comprehensive Plan to Ensure EMTALA Compliance8 minute read
- PublicationsRevised HSR Thresholds Announced2 minute read
- Media CoverageBradley Merrill Thompson Discusses “Problematic Guidance Patterns Remain at FDA”2 minute read
- BlogsTelehealth’s Roadblock: The Issue with State Licensure Requirements4 minute read
- Media CoverageGary W. Herschman Quoted in “Worried Practice Buyers Will Hobble Care? Get It in Writing During Contracting” ...3 minute read
- BlogsCMS Announces New Primary and Behavioral Health Care Integration Demonstration Model5 minute read
- BlogsNew Jersey Passes Comprehensive Consumer Privacy Law10 minute read
- BlogsNew Jersey Becomes Most Recent State to Sign a Comprehensive Consumer Privacy Law10 minute read
- Media CoverageHelaine Fingold Quoted in “No Surprises IDR Portal Is Back; Prepare for New Info Requirements”2 minute read
- Media CoverageJeff Ruzal Quoted in “1 Way to Wrap Up Wage-Hour Suits Without Court Review”3 minute read
- PublicationsNew Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid ...13 minute read
- Media CoverageMegan Robertson Quoted in “FDA and CMS Leaders Unite Over Proposed Lab Test Rule”2 minute read