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

Amber McGraw Walsh Partner T: +1 312 750 3596 Email
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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

After a six-day bench trial, we persuaded the federal court that an ordinance restricting where medical clinics like our client could locate was unconstitutional. After the 3rd Circuit affirmed in a 25-page opinion, the district court awarded McGuireWoods its attorneys’ fees, which McGuireWoods donated to the Public Interest Law Center of Philadelphia.
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.
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.
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Mark E Anderson Mark E. Anderson
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106
Email
T: +1 919 755 6678
F: +1 919 755 6581
vCard
Helen Arnold Helen D. Arnold
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 849 8286
F: +1 312 698 4595
vCard
Brett Barnett Brett W. Barnett
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 849 8123
F: +1 312 698 4589
vCard
George J Barry III George J. Barry III
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534
Email
T: +1 404 443 5734
F: +1 404 443 5753
vCard
Evan Bayh Evan Bayh
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040
Email
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
Email
T: +1 704 373 4620
F: +1 704 373 8836
vCard
Hilary Blackwood Hilary S. Blackwood
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
Email
T: +1 704 373 8850
F: +1 704 373 8827
vCard
J. William Boland J. William Boland
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 4374
F: +1 804 698 2015
vCard
Amy Bolian Amy Elizabeth Bolian
Associate
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215
Email
T: +1 703 712 5017
F: +1 703 712 5193
vCard
Caitlin Bradley Caitlin O. Bradley
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 1126
F: +1 804 698 2031
vCard
Edwin E Brooks Edwin E. Brooks
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
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
Email
T: +1 704 343 2360
F: +1 704 805 5085
vCard
Jeremy S Byrum Jeremy S. Byrum
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 4305
F: +1 804 698 2080
vCard
Michelle Calloway Michelle E. Calloway
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 7819
F: +1 804 698 2189
vCard
Holly Carnell Holly Carnell
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 849 3687
F: +1 312 698 4504
vCard
Jake Cilek Jacob A. Cilek
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 849 8106
F: +1 312 558 4373
vCard
Jeffrey C Clark Jeffrey C. Clark
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 750 8636
F: +1 312 920 7230
vCard
Anthony M. Del Rio
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 849 8166
F: +1 312 558 4380
vCard
Elizabeth Diller Elizabeth A. Diller
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 4358
F: +1 804 698 2195
vCard
Paige J Dowdakin
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 849 8258
F: +1 312 698 4564
vCard
Scott P Downing Scott P. Downing
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
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
Email
T: +1 312 750 3616
F: +1 312 698 4538
vCard
Christina M Egan Christina M. Egan
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 750 8644
F: +1 312 698 4502
vCard
Howard Feller Howard Feller
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 4393
F: +1 804 698 2051
vCard
Kathleen Fischer Kathleen M. Fischer
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
T: +1 312 750 3590
F: +1 312 558 4379
vCard
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Speaking Engagement

Third Medical Device & Healthcare Technology Compliance Institute

October 13-14, 2016
Washington, D.C., DC
Event

11th Annual Healthcare Provider Conference

Healthcare Finance and Growth

Tuesday, October 11, 2016
Charlotte, NC
Event

3rd Annual Healthcare Litigation Conference

Wednesday, September 21, 2016
Chicago, IL
Event

ASC Sales and Transactions

Preparing for Your Transaction (Part I)

August 25, 2016
Complimentary Webinar
Event

HIPAA Hot Topics

An Examination of Recent Developments and Enforcement Actions

August 11, 2016
Complimentary Webinar
Speaking Engagement

Dental Practice Mergers, Acquisitions, Divestitures and Affiliations

March 31, 2016
Live Webinar
Event

HIPAA Webinar Series

March 30 & April 6, 2016
Complimentary Healthcare Webinars
Speaking Engagement

ABA Techshow 2016

Getting HIP to HIPAA

March 16-19, 2016
Chicago, IL
Event

Ambulatory Surgery Centers and ASC Litigation

March 17, 2016
Complimentary Teleconference
Speaking Engagement

Structuring Hospital Acquisitions of Physician Practices

March 17, 2016
Live Webinar
Event

Dermatology Practice Transactions: Key Issues and Trends

March 15, 2016
Complimentary Webinar
Event

Key Issues Facing Urgent Care Providers

January 28, 2016
Complimentary Webinar
Event

Key Valuation Issues for Healthcare Leadership

January 26, 2016
Complimentary Teleconference
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Legal Alert

OCR Makes It Official: Ransomware Attacks Are HIPAA Breaches

Password Protected
July 26, 2016
Legal Alert

Washington Healthcare Update

McGuireWoods Consulting LLC
July 18, 2016
Legal Alert

Washington Healthcare Update

McGuireWoods Consulting LLC
June 27, 2016
Legal Alert

GOP Releases Alternative to the Affordable Care Act

McGuireWoods Consulting LLC
June 24, 2016
Legal Alert

To BREXIT or Not to BREXIT? That is the Question.

But What are the Consequences?

June 21, 2016
Legal Alert

Washington Healthcare Update

McGuireWoods Consulting LLC
June 20, 2016
Legal Alert

Washington Healthcare Update

McGuireWoods Consulting LLC
June 13, 2016
Legal Alert

Washington Healthcare Update

McGuireWoods Consulting LLC
May 31, 2016
Legal Alert

Washington Healthcare Update

McGuireWoods Consulting LLC
May 23, 2016
Legal Alert

Washington Healthcare Update

McGuireWoods Consulting LLC
May 16, 2016
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