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Healthcare

The Healthcare Group is a cross-disciplinary group of attorneys which provides a broad range of legal services to the healthcare industry including healthcare providers; hospitals and health systems; research organizations; physicians, nurses and allied health professionals; payers, self-insured plans and plan administrators; as well as companies and investors actively involved in developing and marketing innovative technologies in the life sciences, medical device and digital health arenas. Many of our clients are at the cutting edge of the industry, developing products and services that are designed to create efficiencies in the healthcare system, facilitate population health management and improve the delivery and access to care. 

Our litigators are involved in disputes ranging from the effects of tiered and narrow health plans, out-of-network coverage litigation, fraud and abuse claims, HIPAA and privacy matters, professional liability claims, and medical products liability. We have experience handling ERISA claims litigation, healthcare coverage litigation and the administration of health plans, as well as assisting clients in responding to compliance audits in civil and criminal investigations.

We provide corporate, tax, regulatory and transactional advice on a wide range of matters, including mergers and acquisitions,  joint ventures and strategic alliances, debt and equity financings, licensing and outsourcing, IP protection, cybersecurity and data privacy, and corporate structure and governance matters. We collaborate with clients to provide strategic solutions to the complex legal and business issues they face, while helping them achieve their business objections. 

We provide advice and representation for home health agencies and have considerable experience in representing assisted living and continuing care facilities as well as traditional nursing homes. We have been involved extensively with Departments of Insurance and other regulatory agencies having jurisdiction over the development of life care communities and the operation of existing facilities.

The group also provides general representation and counseling in various areas of healthcare law addressing both traditional healthcare industry issues, as well as issues arising from the Patient Protection and Affordable Care Act, the Medicare Access and CHIP Reauthorization Act of 2015, the 21st Century Cures Act  (and other related and pending legislative developments), and the development and adoption of new and transformational technologies in the life sciences and digital health industry. Digital health and mobile health applications, as well as innovations in the life sciences and medical device industry, are creating new opportunities for payers, providers, private equity, venture capital and strategic institutional investors and entrepreneurs to improve the delivery and monitoring of healthcare, manage population health and increase efficiencies in the system. However, these opportunities are not without risk and as a result are generating new legal and regulatory challenges which can impact an organization’s operations. Our multidisciplinary team assists early and growth stage clients as well as established healthcare institutions, providers and payers in navigating the issues that need to be addressed in this rapidly changing environment. 

CAPABILITIES

Representative Matters

  • Represented Horizon Healthcare Services, Inc. in connection with its participation in a joint venture to acquire Navinet, Inc., a healthcare communications network
  • Represented a privately held medical device development firm in the licensing of a patent-pending drug delivery instrument from a publicly traded pharmaceutical company
  • Advised founding physician shareholder in connection with restructuring of diagnostic imaging practice, including recapitalization by private equity investors
  • Advised and negotiated employment agreement and practice support agreement in connection with cross country relocation of a surgeon to an existing private practice 
  • Represented company developing platform for interface among various electronic health record technologies
  • Represented company developing digital health mobile application in connection with strategic relationship and ongoing corporate transactional work
  • Obtained a published opinion from the New Jersey Appellate Division granting a protective order in a matter wherein several hospitals were seeking intrusive discovery concerning the creation and implementation of a health plan. (Capital Health System Inc., v. Horizon Healthcare Services Inc., NJ App. Div. A-2913-15 (June 23, 2016))
  • Successfully argued for the reinstatement of a surgeon in a health network following a credentialing committee’s decision to terminate; presented the appeal to a credentialing committee comprised of multiple physicians from varying specialties; following the presentation, a decision was made to reinstate the surgeon back into the health network
  • Obtained a trial verdict in a breach of contract claim brought by a physician against a large healthcare network
  • Successful defense on motion to dismiss of medical doctor accused of repeatedly offering fraudulent expert testimony. Dismissal affirmed by Delaware Supreme Court.
  • Represented emergency room physician in a case in involving an alleged failure to diagnose bacterial meningitis; tried to a defense verdict after seven days of trial
  • Numerous defense verdicts in catastrophic injury cases involving professional, product and premises liability, on behalf of individual providers, health care systems, hospitals and other health care institutions

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