Overview
Epstein Becker Green attorneys have assisted large and small physician group practices in not only surviving, but prospering, during an era of unprecedented change in the way that health care services are delivered and financed. We have extensive knowledge of the wide range of federal and state laws and regulations affecting the relationships among health care providers and the delivery and finance of health care goods and services.
Our attorneys add value by providing clear, concise legal reasoning and effective, practical solutions to complex legal problems. Indeed, Epstein Becker Green is the "one-stop shop" for physicians, providing a wide array of regulatory analysis, business advice, and transactional experience for some of the largest and most well-established physician practice groups in the country.
Services/Scope of Practice
- Providing advice and counsel on fraud and abuse and regulatory compliance arising under the Anti-Kickback Statute, the Stark Law, the False Claims Act, HIPAA, and other related federal and state laws and regulations
- Assisting in selling or acquiring medical practices, as well as other physician group merger and consolidation transactions
- Preparing for, assisting in, responding to, and defending against health care fraud investigations and audits by the Department of Justice, the Department of Health and Human Services' Office of Inspector General, and other federal and state governmental authorities, including conducting internal reviews and investigations
- Structuring, analyzing, and negotiating managed care/payer arrangements, clinical integration transactions (involving network development, gainsharing, and accountable care organizations ("ACOs")), professional and administrative services agreements, and equipment leasing transactions
- Structuring and organizing joint ventures between physician groups and hospitals and among physician groups, including independent practice associations, ACOs, ambulatory surgery centers, diagnostic imaging facilities, and medical office buildings
- Advising on issues relating to the corporate practice of medicine, fee-splitting, and other state professional practice rules, regulations, and ethical standards
- Advising on the establishment and structure of multi-location, multi-specialty group practice and independent practice associations
- Drafting, analyzing, and negotiating leases, employment and shareholder agreements, independent contractor professional service agreements, practice management agreements, and various types of commercial contracts
- Litigating health care, antitrust, and employment litigation matters, primarily on behalf of physician group practices
- Counseling on a variety of human resources matters, including personnel policies and procedures, restrictive covenants (including non-solicitation, no-pirating, and confidentiality/non-disclosure covenants), physician compensation and incentives, and separation agreements
- Assisting with patient records and privacy and data security issues, including responding to subpoenas and HIPAA compliance
- Performing compliance effectiveness evaluations and advising on the development and implementation of corporate compliance programs, including drafting policies and procedures, training modules, and auditing/monitoring tools
- Advising on issues concerning federal, state, and commercial reimbursement, including challenges to regulatory actions and disputes under government and commercial payor contracts
- Counseling on peer review issues, medical staff appointments, and clinical privilege delineation at hospitals and other health care facilities
- Representing physicians in administrative proceedings, including hearings, before state licensing boards, and in appeals of managed care credentialing decisions
Client Successes
- Representing a large, multispecialty, multi-location group medical practice in its formation, growth, and compliance; the firm provided advice and representation in all pertinent legal and regulatory areas related to employment, bank financing, revenue sharing, compliance, hospital relations, electronic health records, expansions in-state and across state lines, government investigations, and real estate matters.
- Representing a radiology group practice in the comprehensive investigation of a multimillion dollar fraud and embezzlement scheme by the client's former office manager and third parties, which also involved a referral of the matter to the U.S. Attorney's office for criminal investigation and ultimately a successful criminal prosecution; our prosecution of the former employee and third parties in civil litigations in two jurisdictions resulted in the recovery of a substantial amount of the embezzled monies for the client.
The Future of Healthcare Conference Series®
The pace of physician group strategic transactions continues to rise, and the pandemic has increased financial pressure for many providers. Epstein Becker Green helps clients navigate the changing landscape of health care delivery, including assisting physician practices in the negotiation and creation of joint ventures as well as mergers and consolidations with health systems and other entities. The Future of Healthcare Conference Series® is focused towards these entrepreneurial physician practices that want to understand cutting-edge changes in the marketplace and various strategic options for medical groups to maximize their enterprise value and the compensation earned by their physicians.
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Focus Areas
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Industries
Trending Issues
Experience
Contacts
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Media
Events
Upcoming Events
Past Events
- Fall 2023
- Fall 2023
Insights
Insights
- PublicationsHHS Publishes Proposed “Disincentives Rule” to Prevent Information Blocking by Health Care Providers15 minute read
- BlogsPodcast: Telehealth Post-Public Health Emergency – What to Expect in 2024 – Diagnosing Health Care2 minute read
- 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
9 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
- Media CoverageEleanor Chung Quoted in “Senators Told That AI Is Already Harming Patients”Fall 20232 minute read
- PublicationsTelemental Health Laws: 2023 Overview10 minute read
- Firm Announcements2023 Telemental Health Regulations Chart New Course in Post-PHE World5 minute read
- Media CoverageKathleen Premo Quoted in “North America Pipeline Explorer: Healthcare Dealmakers Anticipating Continued Activity in ...2 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
- Media CoverageLesley Yeung Quoted in “Doctors Question Medicare Quality Program as More Face Steeper Penalties”2 minute read
- Media CoverageEmma Pelkey Featured in “People on the Move”1 minute read
- Media Coverage
Gary Herschman, Dana Jacoby Featured in The Ortho Show Podcast: Hosted by Dr. Scott Sigman
2 minute read - Media CoverageEpstein Becker Green Update Cited in “Physicians Could Be in Financial Danger with This Stark Law Change”2 minute read
- Media Coverage
Anjana Patel Featured in AHLA’s Speaking of Health Law Podcast, “Private Equity Physician Deals: What Investors ...
2 minute read - BlogsPhysicians Beware! Groups Providing DME, Prosthetic Devices, and Other Medical Supplies to Their Medicare Patients Risk ...9 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
- Media CoverageGary Herschman Discusses “Why So Many Physician Groups Are Turning to Private Equity”2 minute read
- PublicationsWhat’s on the Agenda? Laboratory Developed Tests Added to the Unified Regulatory Agenda Signals FDA Movement Toward New ...26 minute read
- PublicationsCMS Announces the Making Care Primary Model, a Multistate Initiative to Strengthen Primary Care9 minute read
- PublicationsWhy So Many Physicians Are Partnering with Private Equity2 minute read
- PublicationsFDA Issues Draft Recommendations for Implementing Decentralized Clinical Trials20 minute read
- PublicationsPatient Monitoring Services Need Increased Scrutiny to Prevent False Claims Act Enforcement Action3 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
- Media CoverageGary Herschman Featured in “Video: Private Equity Transactions Still Lucrative Despite Decrease in Market Value” ...2 minute read
- 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
- Media CoverageAnjana Patel Featured in “Video: Management Service Organizations Are key for Private Equity Investment in Medicine” ...2 minute read
- Media CoverageGary Herschman Featured in “Video: Private Equity Aims to Grow, Not Change, Physician Practices”2 minute read
- Media CoverageGary Herschman Quoted in “The Big Picture: What Is Driving Physician Practice M&A?”2 minute read
- PublicationsPhysician-Owner Considerations for Selling Ambulatory Surgery Centers1 minute read
- PublicationsPhysician Practice Transactions with Private Equity: Don’t Forget About the Real Estate!1 minute read
- Media CoverageGary Herschman Featured in “Video: Private Equity Market Still Robust for Physician Groups”2 minute read
- PublicationsFederal Judge in Texas Strikes Down ACA's Preventive Services Coverage Mandate12 minute read
- PublicationsPreparing to Sell a Medical Practice2 minute read
- Media CoverageGary Herschman Quoted in “Takeaways from the 6th Annual Physician Transactions Conference”2 minute read
- Firm Announcements
Epstein Becker Green Recognized Among Top 10 Largest Health Care Law Firms by Modern Healthcare
2 minute read - Media CoverageGary Herschman Quoted in “AAOS 2023: Implementing and Scaling New Technologies in a ‘Post-COVID World’” ...4 minute read
- PublicationsAccompanying Statements to Hart-Scott-Rodino Annual Report Exemplify Ongoing Tension at FTC2 minute read
- Publications
Considerations for Non-Physician Telehealth Providers, Telehealth Law Handbook, Second Edition
3 minute read - PublicationsPrivate Equity Partnerships with Orthopedic Groups2 minute read
- PublicationsDOJ Withdraws Long-Standing Health Care Antitrust Enforcement Policy Statements2 minute read
- Media CoverageGary Herschman Quoted in “Private Equity's New Target Could Be Good News for ASCs”2 minute read
- Media CoverageJohn Tishler Quoted in “Nashville Is Biglaw's New Hot Spot”1 minute read
- Media CoverageJohn Tishler Quoted in “Major Combinations in Nashville and Carolinas Signal Southeast's Emergence as Merger Hotspot” ...3 minute read