Health Care & Human Services
Our attorneys know healthcare providers have been faced with an exponential increase in the expense of doing business while having to comply with a proliferation of complex laws and regulations. We stay abreast of the ever-changing laws and regulations pertinent to the healthcare industry and we use industry and legal knowledge to develop innovative and practical solutions for our clients. We routinely provide our clients with timely, cost-effective analyses and explanations of the significant legal issues, risks, benefits and potential consequences of existing and emerging healthcare matters.
We represent a wide variety of healthcare providers, including for-profit and not-for-profit institutions and individuals in the healthcare field, including healthcare networks, hospitals, nursing homes, home care providers, physicians, nurses and other healthcare professionals, group practices and clinics, mental health and mental disability service providers, alcoholism and substance use disorder providers, healthcare associations, medical transportation companies and durable medical equipment suppliers.
Regulatory, Compliance, Licensing and Certification
Our lawyers routinely assist clients in addressing a range of health care compliance and regulatory issues, as well as in government audits and investigations, and, if necessary, litigation. We develop and implement compliance plans every type of provider. We also advise clients on matters involving federal and state anti-kickback and anti-trust laws, as well as physicians self-referral laws. We have excellent working relationship with state and federal regulators, and we are adept at securing their cooperation to achieve clients' objectives.
Government and Payor Audits, Investigations & Litigation
Our attorneys have successfully litigated matters related to Medicare and Medicaid, RICO, consumer fraud and deceptive practices, as well as fraud and abuse and investigation matters, health insurance, licensing and HMO credentialing. We also guide clients through the maze of rules governing the coverage and billing of services under Medicare and Medicaid. When clients face the unpleasant attention of government audits and investigations, we assist them through the process, including administrative and Inspector General investigations and hearings, Medicaid Fraud Control Unit, grand jury, independent counsel and congressional investigations, and civil and criminal litigation.
Enterprise Development and Financial Services
Our attorneys guide healthcare organizations in developing business plans, securing financing for projects, and planning and implementing their business models and strategies. We have served as lead counsel and special counsel to clients as buyers, sellers, lenders and investors. We understand the issues affecting both for-profit and not-for-profit healthcare clients, and we are experienced in helping them maximize their tax benefits and achieve their business objectives. We counsel clients on the business and tax benefits and consequences of restructuring to achieve non-profit and tax-exempt status.
Barclay Damon’s experienced, multi-disciplinary team of attorneys provides clients with sound counsel on the legal issues concerning cyber security, privacy and data protection.
There is no question that data is a strategic asset for any company and commitments relating to its use, sharing, or acquisition can have a long-term impact on a company’s business. At Barclay Damon, we are focused on protecting businesses in a digital world. Our attorneys represent clients in investigation, crisis response to data breach incidents, litigation, government relations, insurance, indemnification and transactions.
Barclay Damon offers its clients practical guidance across the spectrum of cyber risks, drawing on the deep experience of many of its lawyers whose backgrounds allow Barclay Damon to assist clients to keep up with the critical and fast-changing data protection laws.
In addition, we assist clients in addressing the myriad of workplace privacy issues, including employee data breach response, employee surveillance, data privacy policies, privacy issues arising from the use of technology and unique data transfer issues for employees.
As cyber security, privacy, and data protection laws evolve, through cyber-protection planning, data breach coaching, and defense of clients’ interests in court – our objective is to assist our clients in preparing for and reducing data and security related risks.
Health Care & Human Services Co-Chair
Health Care & Human Services Co-Chair
Practice Area Alerts
- State Releases Draft Application for I/DD Health Homes
- Supreme Court Upholds ERISA Exemption for Retirement Plans of Religiously Affiliated Hospitals
- Office of Alcoholism and Substance Abuse Services (OASAS) Publishes "Auto-Waiver" For Certain Providers To Reduce Admissions and Discharge Documentation Requirements When Transferring Patients
- New Proposed Rules Allow Nursing Homes To Use Pre-Dispute Arbitration Agreements