Overview
Epstein Becker Green has significant experience representing health systems and individual hospitals in a wide variety of regulatory, operational, and strategic business issues. Our clients include both tax-exempt and for-profit health systems, as well as community hospitals.
For all of these organizations, we know their need to continue to diversify their lines of business to take advantage of new technology and meet community needs, while also establishing effective physician recruitment and integration strategies. We understand that these organizations operate within an extremely challenging financial environment. We know the increasingly vigilant government enforcement climate, which defines the industry's modern environment. Epstein Becker Green's approach to representation of health care clients 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 turn to 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, including 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 program) 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
Industries
Trending Issues
Experience
Contacts
- Board of Directors / Member of the Firm
- Member of the Firm
- Member of the Firm
Media
Events
Upcoming Events
- Spring 2024
- April 15-16, 2024
- June 10-12, 2024
Past Events
- February 5–7, 2024
Insights
Insights
- 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
- PublicationsNew Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid ...13 minute read
- PublicationsUpdated Merger Guidelines Finalized2 minute read
- Media CoverageAmy Lerman Quoted in “Patient Care, Policy & More: A Look at This Year’s Virtual Care Trends”5 minute read
- Media CoverageMark Lutes Quoted in “What to Expect from Hospitals and Health Insurers at This Year’s JPM Healthcare Conference” ...2 minute read
- PublicationsHospital and MA Plan Considerations for CMS Final Rule to Remedy 340B Drug Payment Policy11 minute read
- PublicationsRecap: Top 10 Antitrust Issues in 20232 minute read
- Firm AnnouncementsSeventh Physician Transactions Conference Is Open for Registration4 minute read
- Firm Announcements
Five Epstein Becker Green Attorneys Named to the 2024 Ohio Super Lawyers and Rising Stars Lists
2 minute read - PublicationsCalifornia Finalizes SB 184 Pre-Transaction Notice Requirements for “Material Change” Health Care Transactions ...26 minute read
- Media CoverageAlaap Shah Quoted in “2024 Outlook: The Cybersecurity Trends Health System Leaders Need to Know”3 minute read
- BlogsCongressional Investigation, White House Crackdown Means New Oversight of Private Equity Owners in Health Facilities ...7 minute read
- BlogsBIPA Excludes Health Care Workers Engaged in Treatment, Payment, or Operations6 minute read
- PublicationsPresident Seeks More Antitrust Scrutiny of Health Care Transactions2 minute read
- PublicationsMedicare Advantage, Part D, and More: Proposed Rule Outlines Significant Policy and Technical Changes for CY 2025 ...35 minute read
- PublicationsHHS Publishes Proposed “Disincentives Rule” to Prevent Information Blocking by Health Care Providers15 minute read
- PublicationsLatest Status of Proposed Merger Guidelines2 minute read
- Publications
In Genesis Case, South Carolina District Court Scraps HRSA Interpretation of “Patient” Under 340B Statute
9 minute read - Media CoverageAmy Lerman Featured on Podcast: “Navigating the Telehealth Landscape for 2024”1 minute read
- PublicationsWhat’s Ahead for Strategic Healthcare Acquirers in 20243 minute read
- BlogsSharing Scientific Information with HCPs on Unapproved Uses of Medical Products: Dos and Don’ts Under FDA’s New Draft ...14 minute read
- PublicationsFTC Chairwoman Defends Agency’s Enforcement Record2 minute read
- Media CoverageEleanor Chung Quoted in “Senators Told That AI Is Already Harming Patients”Fall 20232 minute read
- PublicationsThe Federal Trade Commission Moves Closer to a Full Complement of Commissioners2 minute read
- Media CoverageRichard Hughes Quoted in “An R.S.V. Shot for Infants Is in Short Supply. Here’s What to Know”4 minute read
- PublicationsCalifornia Enacts Statute That Furthers Efforts to Move Toward a Unified Health Care Financing System11 minute read
- PublicationsFTC and DOL Sign MOU for Cooperation2 minute read
- Media CoverageLesley Yeung Quoted in “Doctors Question Medicare Quality Program as More Face Steeper Penalties”2 minute read
- PublicationsBeyond Civil Enforcement2 minute read
- Media CoverageAvery Schumacher Profiled in the Cleveland Metropolitan Bar Journal’s “The Scoop?” Spotlight Q&A4 minute read
- PublicationsAre Conduct Remedies to Merger Challenges Back on the Table?2 minute read
- Media CoverageEmma Pelkey Featured in “People on the Move”1 minute read
- Media CoverageJames Boiani Quoted in “NY State Database Offers Glimpse into Laboratory-Developed Testing Landscape”3 minute read
- PublicationsNew Antitrust Theory: Cross-Market Effects2 minute read
- PublicationsFTC Warns Against Contract Provisions It Believes Could Impede Its Investigations2 minute read