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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- Fall 2023
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Insights
Insights
- Media CoverageAmy Lerman Featured on Podcast: “Navigating the Telehealth Landscape for 2024”1 minute read
- Publications
In Genesis Case, South Carolina District Court Scraps HRSA Interpretation of “Patient” Under 340B Statute
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- Media CoverageRobert Wanerman Quoted in “Hospitals Push Back on Safety-Net Payment Cuts”3 minute read
- Media Coverage
Anjana Patel Featured in AHLA’s Speaking of Health Law Podcast, “Private Equity Physician Deals: What Investors ...
2 minute read - Media CoverageChris Dunn Featured in “Navigating the 'Unpredictable Construction Contract Landmines'”8 minute read
- PublicationsFTC’s Fight with House Judiciary Committee Goes Public2 minute read
- Media CoverageEric Neiman Featured in “People on the Move”1 minute read
- Firm AnnouncementsEpstein Becker Green Expands into Pacific Northwest with Six-Attorney Health Care Team in Portland
- Media Coverage
Epstein Becker Green’s Portland, Oregon, Office Opening Featured in Portland Business Journal
2 minute read - Publications10 Areas PE Firms Need to Address in Healthcare Add-on Deals7 minute read
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- Firm Announcements
Elizabeth Scarola Named to the 2023 Florida Rising Stars List
6 minute read - PublicationsFTC Says State Oversight Cannot Effectively Displace Competition Among Health Care Providers2 minute read
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- Media CoverageHemant Gupta, W. Jeff McGoff, and Adelee Traylor Featured in “Wake Up Call: Laterals, Moves, In-House”1 minute read
- Firm AnnouncementsEpstein Becker Green Adds Health Care Transactional, Technology & IP Attorneys in Memphis and Dallas Amid Ongoing Expansion ...4 minute read
- PublicationsA 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements2 minute read
- PublicationsFDA Issues Draft Recommendations for Implementing Decentralized Clinical Trials20 minute read
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- Media CoverageBradley Merrill Thompson Quoted in “Ready or Not, AI Chatbots Are Coming to Hospitals”3 minute read
- PublicationsHidden in Plain Sight: Lesser-Known Exceptions Recently Adopted by Congress to the Federal Physician Self-Referral Law and ...8 minute read
- Media CoverageAnjana Patel Featured in “Video: Five Highly Negotiated Deal Points in a Private Equity Transaction”3 minute read
- PublicationsSupreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal ...2 minute read
- Media CoverageEpstein Becker Green Litigators Featured in “$91M Award: Plaintiffs Win on Claims That UnitedHealthcare Stiffed Medical ...6 minute read
- Media CoverageGary Herschman Featured in “Video: Private Equity Transactions Still Lucrative Despite Decrease in Market Value” ...2 minute read
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- BlogsThe Legal Battle Over Mifepristone10 minute read
- Media CoverageAnjana Patel Featured in “Video: Letters of Intent Set Mutually Agreed Upon Terms for a Private Equity Transaction” ...2 minute read
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