dcsimg Healthcare Law

Healthcare Law

Never before have healthcare providers faced such a daunting list of regulatory, market and financial challenges. With a team of more than 60 experienced, industry-focused lawyers, McGuireWoods LLP is well positioned to help clients address ongoing, day-to-day obstacles and create new models for delivering healthcare services in the United States and abroad.

Our healthcare group and individual lawyers from across the country have been ranked by Chambers USA, Best Lawyers in America, Legal Elite and Super Lawyers as among the top legal providers in the nation. Clients have recognized the value of our depth in regulatory, litigation and transactional matters, noting our “great commercial awareness” and have described us as “very skilled,” “extremely knowledgeable, practical and accessible.” We are regularly sought out for our opinions and insights on healthcare issues by industry journals and major news organizations ranging from The Daily Law Bulletin and American Health Lawyers, to Medical Laboratory Observer, MSNBC and HFM (a publication of the Healthcare Financial Management Association).

Our clients come to us from all critical sectors of the healthcare industry. We advise academic medical centers, ambulatory surgery centers, assisted-living and long-term care facilities, dialysis centers, hospitals and hospital systems, hospices, imaging facilities, clinical laboratories, nursing homes, management service organizations (MSOs), physician-hospital organizations (PHOs), pharmacies and specialty medical clinics, as well as medical staff organizations and medical, healthcare and related trade associations. We also represent venture capital firms, commercial banks, specialty lenders, investment bankers and individual investors in healthcare-related transactions.

We represent industry clients spanning all major areas of the law. Among other issues, our healthcare transactions lawyers advise clients on corporate organization and governance, and private equity, debt finance and securities transactions. Our healthcare regulation and policy team provides counsel on, compliance, Food and Drug Administration (FDA) requirements, intellectual property, information technology and privacy concerns (including HIPAA and the HITECH Act), reimbursement, certificates of need and developments relating to healthcare reform. When disputes, investigations and law-enforcement actions arise, our healthcare litigation lawyers provide aggressive, intelligent defense of companies, executives, boards of directors and other key individuals in federal and state courts across the country.

Since healthcare client matters often extend beyond traditionally defined business and legal disciplines, we regularly assemble teams of lawyers from the firm’s other key practice areas to develop and deliver targeted solutions and advice. We also draw on the resources of our full-service public affairs subsidiary, McGuireWoods Consulting, to provide strategic communications and government relations services.

CONTACTS

Scott Becker Partner T: +1 312 750 6016
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Academic medical center

Assist academic medical center to determine reimbursement and coverage for provider-based proton beam therapy services and developing corporate structure and organization in accordance with provider-based requirements.
Representative Matter

Academic medical center

Assist an academic medical center-affiliated multiple-hospital system conduct a compliance audit of pathology laboratory services line and restructure to comply with billing rules fraud and abuse laws.
Representative Matter

Hospital

Counsel hospital on provider-based status determination and attestation and compliance with Conditions of Participation for Hospitals with respect to development of a stand-alone emergency department.
Representative Matter

Nursing home/assisted living facility

Serve as regulatory counsel in the acquisition of eleven nursing homes and four assisted living facilities involving analysis of Medicare and Medicaid change of ownership rules, and completion of required regulatory filings and approvals.
Representative Matter

Nonprofit hospital

Assist nonprofit hospital in preparing physician service agreements for various service lines including cardiology, radiology, pathology, and anesthesiology and provide regulatory analysis of physician compensation arrangements under Stark, anti-kickback, and state fraud and abuse laws and tax-exempt laws.
Representative Matter

Methadone clinic

Pro bono representation of a methadone clinic that had been essentially zoned out of the City of DuBois by a newly-enacted zoning ordinance. After a six-day federal trial, we invalidated the city zoning ordinance under the Equal Protection Clause of the United States Constitution, won a six-figure judgment, and obtained attorney’s fees for the clinic. However, the district court did not award the clinic its lost profits because it believed that the clinic could have mitigated its damages by locating where the city unconstitutionally zoned it. McGuireWoods appealed this determination to the U.S. Court of Appeals for the Third Circuit. The case was briefed and argued, and appeals court issued a 2-1 decision upholding the district court’s determination. McGuireWoods is considering filing a writ of certiorari to the U.S. Supreme Court.
Representative Matter

World-class university academic and healthcare system in North Carolina

Counseled a world-class university academic and healthcare system in North Carolina on policies and practices related to electronically stored information and discovery and managing and negotiating discovery in a high profile matter.
Representative Matter

Healthcare services provider

Successfully argued on appeal for our client. Fourth Circuit affirmed the dismissal of a RICO case filed against our client and upheld sanctions imposed on opposing party.
Representative Matter

Cancer treatment center

Representation of a cancer treatment center in opening its fifth hospital in the country. The project started approximately seven years ago when the legislature agreed to change the law to allow for a destination cancer hospital under the Certificate of Need statute. The team represented the hospital in the legislature, during the administrative approval process, in the acquisition of the site, licensing and all other aspects of the project.
Representative Matter

Company that develops, manages and optimizes ASC businesses

Represented a company that develops, manages and optimizes ambulatory surgery center (ASC) businesses in securing mezzanine debt financing from a mezzanine fund.
Representative Matter

Provider of non-emergency, inter-facility transport services

Represented a provider of non-emergency, inter-facility transport services on a pre-scheduled basis to patients requiring medical care in its sale to a private equity fund focused on providing capital to lower-middle market growth companies in the healthcare services industry.  
Case Study

Raleigh litigation team secures defense verdict for OB-GYN

A 12-person jury in Cartaret County, N.C., returned a unanimous defense verdict after only 38 minutes of deliberation following an eight-day trial. This finally concluded litigation in a medical malpractice action that spanned seven years. The plaintiff, a physician herself, initially sued two OB-GYNs and their practice over surgical complications that led to additional surgeries and a 50-day extended hospital stay. After voluntarily dismissing during the first trial, the plaintiff changed counties, re-filed and proceeded to trial against the practice and the attending surgeon, both clients of the firm. The jury verdict, finding no negligence on the part of our clients, upheld the position throughout that these complications, though serious and rare, are a risk of the procedure.

Representative Matter

Leading middle-market private equity firm

Represented a private equity firm in a recapitalization, in conjunction with senior management, of National Surgical Hospitals, an owner and operator of 14 surgical hospitals and seven ASCs.
Representative Matter

Defeated summary judgment in a civil antitrust lawsuit alleging illegal tying, bundling, and exclusive dealing

Representation of an ambulatory surgery center in civil litigation in which it alleged the defendant hospital used anticompetitive tying and bundling to secure an exclusive contract from the area's largest employer self-funded health plan.  The case settled after the antitrust claims survived the defendant hospital's motion for summary judgment.
Case Study

McGuireWoods secures jury verdict for academic medical center

McGuireWoods helped an academic medical center secure a defense verdict following a jury trial of claims relating to the alleged improper administration of the drug Phenergan which led to a patient's vasculitis, compartment syndrome and necrosis of an extremity. The litigation arose from treatment in the center's emergency department during which the plaintiff received three IV injections of the medication also known as Promethazine. The plaintiff claimed that in light of the know dangers of the medication – highlighted in the U.S. Supreme Court case Wyeth v Levin – the hospital should have employed heightened standards advocated by drug safety organizations in order to prevent such injuries.

Representative Matter

North American food services company

Represented a North American food services company in its merger with a privately held facilities management services company.  The company's ESOP, its largest shareholder, and its other shareholders approved the transaction for an acquisition price of $65 million plus earnout.
Representative Matter

Private equity firm

Represented a private equity firm in its $23 million investment in a growing Texas-based women's health business.  We assisted the client with negotiating deal terms, establishing a new corporate structure, navigating complex healthcare regulations, securing clinic and laboratory leases, and employing C-level executives for the newly-formed company.
Case Study

McGuireWoods' Atlanta office assists client with certificate of need for home health

McGuireWoods recently assisted Duluth Medical Home Health with obtaining a Certificate of Need for a new home health agency dedicated to the Asian population. The State of Georgia recognized an exception under the general rules and criteria in granting the certificate.

Case Study

McGuireWoods secures certificate of need approval for Three Rivers Home Health-Treutlen

Three Rivers Home Health Services-Treutlen received certificate of need approval from the Georgia Department of Community Health, Division of Health Planning on March 24, 2009. With this approval, Three Rivers will be able to expand its home health service area to include nine additional counties in south Georgia. McGuireWoods partner Victor Moldovan and counsel Shay Bowen (both Health Care, Atlanta) represented Three Rivers in this victory.

Case Study

Appellate court affirms dismissal for Harmony Health Plan of Illinois Inc. and Amerigroup Illinois Inc.

On May 15, 2008, the Illinois Appellate Court found that reimbursements made by Medicaid Managed Care Organizations Harmony Health Plan of Illinois Inc., and Amerigroup Illinois Inc. to emergency medical service providers were in accordance with federal and state law, as well as the parties' agreements as Medicaid payers and providers.

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Results 1-25 of 51
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Brett Barnett Brett W. Barnett
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8123
F: +1 312 698 4538
vCard
Evan Bayh Evan Bayh
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 828 2825
F: +1 202 828 3331
vCard
Kenneth D Bell Kenneth D. Bell
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 4620
F: +1 704 373 8836
vCard
Edwin E Brooks Edwin E. Brooks
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3060
F: +1 312 920 3681
vCard
Meggan Michelle Bushee Meggan Michelle Bushee
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2360
F: +1 704 805 5085
vCard
Holly Carnell Holly Carnell
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3687
F: +1 312 698 4504
vCard
Milt Cerney Milton Cerny
Counsel
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1711
F: +1 804 698 2278
vCard
Jeffrey C Clark Jeffrey C. Clark
Senior Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8636
F: +1 312 920 7230
vCard
Elizabeth Diller Elizabeth A. Diller
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4358
F: +1 804 698 2195
vCard
Vincent A Dongarra Vincent A. Dongarra
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1049
F: +1 804 225 5404
vCard
Scott P Downing Scott P. Downing
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8910
F: +1 312 920 6126
vCard
Kerri Eble Kerri A. Eble
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 3616
F: +1 312 698 4589
vCard
Amanda L Enyeart Amanda L. Enyeart
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8106
F: +1 312 698 4523
vCard
Franklin E Freeman Jr. Franklin E. Freeman Jr.
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 836 4003
F: +1 919 755 6699
vCard
Timothy Fry Timothy J. Fry
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8659
F: +1 312 849 3690
vCard
Jason S Greis Jason S. Greis
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8217
F: +1 312 698 4550
vCard
D. Bowen Heath D. Bowen Heath
Counsel
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 836 4009
F: +1 919 755 6699
vCard
J. Brian Jackson J. Brian Jackson
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 980 2221
F: +1 434 980 2253
vCard
Noah E Jussim Noah E. Jussim
Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8225
F: +1 310 956 3125
vCard
Kimberly J Kannensohn Kimberly J. Kannensohn
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8649
F: +1 312 920 3683
vCard
Harrison J Kaplan Harrison J. Kaplan
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 836 4001
F: +1 919 836 4031
vCard
Matthias Kaseorg Matthias J Kaseorg
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1126
F: +1 804 698 2197
vCard
Jennifer Koltse Jennifer Russano Koltse
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8228
F: +1 312 698 4512
vCard
Nathan A Kottkamp Nathan A. Kottkamp
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1092
F: +1 804 698 2072
vCard
LauraLee R Lawley LauraLee R. Lawley
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8997
F: +1 704 444 8806
vCard
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Speaking Engagement

Litigating a False Claims Act - Tips and Tactics from the Trenches

Wednesday, December 10, 2014
Event

6th Annual Medical Device and Life Sciences Conference

November 18, 2014
Chicago, IL
Event

Physician Practice Mergers: A Primer for Any Specialty

November 13, 2014
Complimentary Webinar Series
Speaking Engagement

The Business and Operations of ASCs

October 24. 2014
Event

10 Key Concepts and Recent Developments in False Claims Litigation

October 1, 2014
Complimentary Webinar
Speaking Engagement

NCSHCA 2014 Annual Meeting and Conference

What's New in Health Care Law and Regulation

September 19, 2014
Chapel Hill, NC
Event

9th Annual Healthcare Provider Conference

Healthcare Finance and Growth

September 18, 2014
Charlotte, NC
Speaking Engagement

The Sunshine Act and Its Impact on Life Sciences Startups

September 12, 2014
Event

Healthcare Litigation Conference

August 14, 2014
Raleigh, NC
Speaking Engagement

Private Equity Investment in Provider Healthcare

iGlobal Forum

June 11, 2014
New York, NY
Event

Healthcare Litigation Conference

May 29, 2014
Richmond, VA
Event

Key Issues Relating to the Enforceability of Non-Compete Agreements

April 29, 2014
Complimentary Webinar
Event

Healthcare Regulatory and Compliance Issues

Financial Relationships Between Healthcare Providers and Physicians

April 16, 2014
McGuireWoods LLP Audio Conference Series
Event

Healthcare Litigation Conference

April 8, 2014
Chicago, IL
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Legal Alert

Highlights from the 2015 OIG Work Plan

November 6, 2014
Legal Alert

New Regulations Issued for Dental, Vision, Long-Term Care and EAPs as Excepted Benefits under Healthcare Reform

McGuireWoods Healthcare Reform Guide: Installment No. 45

October 14, 2014
Publication

9 Core Considerations for Boards of Directors Considering a Hospital or Health System Affiliation

2014
Holly Carnell, Healthcare Insights, KeyBank Capital Markets and McGuireWoods LLP
Legal Alert

Circuit Courts Clash over Tax Subsidies for Health Insurance Purchased on Federally-Run Exchanges

McGuireWoods Healthcare Reform Guide: Installment No. 44

July 30, 2014
Legal Alert

EU Medical Device Rules Continue to Progress

FDA Life
May 27, 2014
Article

Counsel's Role in Evaluation and Negotitating D&O Insurance Coverage

Hospitals & Health Systems Rx
May 2014
Stephen David Allred, Kathleen H. Dooley, A Publication of the American Health Lawyers Association Hospitals and Health Systems Practice Group
Legal Alert

EU Medical Device Rules

New Rules Are Nearly There But Not Quite

FDA Life
May 15, 2014
Article

Expensive Mistakes

Preventing Technical Violations of the Stark Law

E-Briefings
May 2014
Holly Carnell, Anna M. Timmerman, The Governance Institute
Results 1-20 of 475