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Healthcare Law

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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
Results 1-20 of 122
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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

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

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 leading middle-market private equity firm in a recapitalization, in conjunction with senior management, of an owner and operator of 14 surgical hospitals and seven ASCs for $275 million.
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.

Case Study

Summary judgment granted for managed care company

In connection with a managed care company's (our client) 2005 acquisition of another managed care company, our client terminated the employment of the CFO of the acquired company. The CFO claimed that by virtue of the language of his employment agreement, he was entitled to multiple severance payments under two provisions of his contract. Our client believed he was only entitled to a severance pursuant to a “change in control” provision triggered by virtue of the acquisition.
Representative Matter

Private investment firm

Represented a private investment firm in its equity investment in a growing Texas-based women’s health business. McGuireWoods assisted the client in 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 Vivere Health, LLC.
Representative Matter

Private equity investor

Represented private equity investor in take-private transaction of large ASC and physician practice management company
Results 1-20 of 122
Results 1-25 of 47
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Cindy Acosta Cindy Acosta
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8166
F: +1 312 698 4593
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
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8636
F: +1 312 920 7230
vCard
Mary DeBartolo Mary C. DeBartolo
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8192
F: +1 312 920 6160
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
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
Jake Epstein Jake Epstein
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6679
F: +1 919 755 6609
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
Melesa Freerks Melesa A. Freerks
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8258
F: +1 312 920 6162
vCard
Melissa Gilmore Melissa Gilmore
Senior Counsel
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1724
F: +1 202 828 3302
vCard
Jason S Greis Jason S. Greis
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8217
F: +1 312 698 4550
vCard
Allison L Harms Allison L. Harms
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8121
F: +1 312 698 4574
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
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
Christian Michael Kennedy Christian Michael Kennedy
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6673
F: +1 919 755 6598
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: +1 704 343 2300
vCard
Amy B Manning Amy B. Manning
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8904
F: +1 312 558 4386
vCard
Results 1-20 of 58
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Event

Healthcare Finance and Growth

2013 Southeast Healthcare Provider Conference

Tuesday, September 24, 2013
Charlotte, NC
Speaking Engagement

Benefits Law and Regulation: What More is Coming in 2013?

May 2, 2013
Bloomberg BNA Webinar
Event

Are You Still HIPAA Compliant?

Staying Protected in the Wake of the Omnibus Final Rule

March 27, 2013
HIPAA and the HITECH Final Rule Webinar Series
Event

Ambulatory Surgical Center Trends

Sales, Joint Ventures, Specialties, Turnarounds and Other Key Issues

March 21, 2013
Complimentary Teleconference
Event

Are You Still HIPAA Compliant?

Staying Protected in the Wake of the Omnibus Final Rule

March 19, 2013
HIPAA and the HITECH Final Rule Webinar Series
Event

Seven Emerging Issues in Stark, Kickback and False Claims Cases

March 6, 2013
Complimentary Webinar
Event

Corporate Integrity Agreements

10 Key Points for the Healthcare Industry

January 31, 2013
Complimentary Webinar
Speaking Engagement

Health Care Lending Forum

Issues with Accounts Receivable as Collateral for Health Care

December 10, 2012
Los Angeles, CA
Event

Selecting a Suitor

Defending the Process and the Focus on the Buyer Joint Venture Model

December 6, 2012
McGuireWoods LLP & Juniper Advisory LLC Complimentary Webinar
Event

Investing in Urgent Care

Key Business and Legal Considerations

November 14, 2012
Complimentary Webinar
Event

Physician Services: A Spectrum of Alignment Options

October 31, 2012
Complimentary Webinar
Event

Healthcare Finance and Growth

2012 Southeast Healthcare Provider Conference

September 25, 2012
Charlotte, NC
Event

Hospital Transactions and Affiliations

May 7 - September 13, 2012
Speaking Engagement

University Health Consortium (UHC) Legal and Compliance Council Meeting

HIPAA Breach Notification Rules

September 12, 2012
Event

HIPAA and Social Media

Strategies for Protecting Patient Privacy in a HITECH World

June 13, 2012
McGuireWoods Webinar
Speaking Engagement

2012 International Medical Device Industry Compliance Conference

Global Anti-Corruption Trends: The Value of Ethics and Compliance

May 10, 2012
Results 1-20 of 58
Results 1-20 of 357
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Legal Alert

Wake Up Call for Providers

Flurry of Settlements with Healthcare Facilities for Failures to Provide Auxiliary Aids to Disabled Individuals

April 25, 2013
Legal Alert

Key Reflections on the Healthcare Industry

Observations on 17 Niches and Specialties – A Dashboard Review; 7 Reasons to Worry About the Healthcare Economy; Specialty Physician Practice Trends; Is a Large Combined System Better?

April 23, 2013
Legal Alert

IRS Proposes Section 162(m) Regulations for Certain Health Insurance Issuers

McGuireWoods Healthcare Reform Guide: Installment No. 32

April 11, 2013
Legal Alert

Proposed Rules Issued on 90-Day Waiting Period Limitation for Health Benefits

McGuireWoods Healthcare Reform Guide: Installment No. 31

April 2, 2013
Results 1-20 of 357