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Health Care
Foley & Mansfield attorneys provide a full range of legal services to clients in the health care sector. We provide high-quality, cost-effective services while giving our clients the personalized attention that each matter deserves. 
  
We focus on representing individual providers and health care businesses such as group practices, home health care companies, ambulatory surgical centers, and mobile testing companies. Our attorneys are familiar with the unique challenges facing health care providers, and work with our clients to protect and advance their businesses and careers.

Our services for individual providers include representing physicians, nurses, chiropractors, psychologists, physical therapists, social workers, and other professionals with matters ranging from licensing issues to employment disputes to litigation.

Our services for group practices and businesses include assisting our health care business clients with everything from initial formation, to drafting employee handbooks and company policies, to negotiating the sale, purchase, or dissolution of a business.

With ten offices and attorneys located across the country, Foley & Mansfield attorneys have the resources to address all of your health care law needs.

Licensing and Disciplinary Matters
We frequently represent physicians and other health care professionals in licensing and disciplinary actions with numerous boards, including the Michigan Board of Medicine, Board of Nursing, and Board of Physical Therapy. We have assisted clients with self-reporting matters, administrative complaints and investigations, Health Professional Recovery Program (HPRP) proceedings, and formal hearings. We also assist clients navigating disciplinary actions with their employers, whether they work for a small medical practice or a large hospital system.

Our work in this area includes extensive experience with National Practitioner Data Bank (“NPDB”) reporting issues, including contesting reports and counseling clients on their rights.

Contract and Employment Issues
Through collaboration with Foley & Mansfield's experienced employment attorneys, we are fully equipped to handle all employment and non-compete matters pertaining to licensed health care professionals. We have represented physicians in connection with employment contract negotiations and release from non-compete agreements, and have experience in matters involving confidential patient lists and solicitation of patients by departing physicians. As an example, we negotiated the elimination of a series of covenants not to compete, thus allowing a client to continue its relationships with a major medical insurance company. We also successfully represented a physician in connection with obtaining a release from a non-compete agreement with a large hospital system.

Regulatory Compliance
In today’s fast-paced health care industry, keeping up-to-date with new laws and regulations is critical. Our health care attorneys work to guide our clients through complex federal and state health care laws, including the Health Insurance Portability and Accountability Act (“HIPAA”) and other privacy regulations; the Michigan Public Health Code; and regulations dealing with electronic medical records.

Violations of self-referral laws such as Stark and federal/state Anti-Kickback statutes can result in hefty fines and even criminal penalties. We regularly counsel clients on how these laws may impact proposed transactions, partnership arrangements and other remuneration issues. This practice area includes proceedings related to prescription fraud and abuse, excessive billing, upcoding, and overbilling for medical procedures and diagnostic tests.

Telemedicine
The growth of technologies such as real-time video conferencing, social media, and mobile health applications gives health care providers new opportunities to enhance patient care and relationships. However, use of these technologies can also create unique issues involving scope of practice, patient-clinician relationships, and reimbursement for services provided using telehealth or telemedicine. Our attorneys stay up-to-date with the latest developments and laws pertaining to the use of telemedicine, and provide guidance to health care professionals who are exploring the use of telemedicine in their practice.

Hospital Matters
We have represented physicians against major metropolitan hospitals for denial of fair hearing rights, denial of Medical Staff Bylaws rights, tortious interference, and other associated privileging/credentialing claims. For example, we successfully represented a physician in a peer review proceeding against a large community hospital, and a nurse in a disciplinary action proceeding involving a public hospital. We also have represented physicians with respect to National Practitioner Data Bank (“NPDB”) responses and exceptions.

Audit and Reimbursement Matters
We counsel clients on coding, billing, insurance and Medicare/Medicaid issues, including Medicare opt-outs and Advanced Beneficiary Notice (“ABN”) requirements. For example, we have handled a dispute relating to alleged Medicare billing errors and the indemnity provision in an agreement for the sale of a billing practice. We also work with health care providers on Medicare/Medicaid de-participation, re-participation, exclusion and reinstatement.

Health Care Start-Ups and Business Operations
When launching a new business, getting off to a good start is critical to the success of any practice. We are here to assist with a variety of issues affecting start-up health care ventures, including incorporation, franchising, obtaining Certificates of Need (“CONs”), and Medicare and Medicaid enrollment.

Strategic Expansion for Health Care Businesses
We have extensive experience working with clients to facilitate the growth and expansion of their businesses. Our work in this area includes assisting clients with forming business ventures and partnerships, acquisitions, and practice expansion into ancillary areas. In addition, we have experience drafting non-disclosure and other confidentiality agreements, along with letters of intent and operating agreements.

Sale and Dissolution of Health Care Entities
We also assist clients with matters involving shareholder disputes and the break-ups of practices and businesses (corporate “divorce”), including buy-outs. To provide a few examples, we have experience in litigation resulting from a practice break-up and the buy-out of a departing member, and have represented shareholders in lawsuits involving minority shareholder oppression. We have also represented sellers in litigation arising from the sale of a home health agency, and represented a buyer in the acquisition of a surgical center and Certificate of Need (“CON”) transfer.

Litigation
Foley & Mansfield's experienced trial attorneys are well prepared to assist in matters arising out of or related to the services above. 
 
VISIT OUR BLOG FOR HEALTH CARE LEGAL UPDATES AND ANALYSIS.
 
 
 

News
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Alerts
 
Verdicts
  • Holmes Wins Sixth Circuit Appeal on Civil Rights Claims
    • This case involved the Plaintiffs’ attempt to have a federal court grant them relief from a state court’s judgment against them. Ultimately, the case was dismissed on a number of grounds, including that Plaintiffs’ lawsuit violated well-established legal principles prohibiting “state court losers” from appealing to the federal courts, and that Plaintiffs were attempting to assert claims which are not recognized in the Sixth Circuit. Read More
 



Primary Contact(s)
 Melinda A. Balian Melinda A. Balian
Partner
Detroit / Grand Rapids
248-721-4200
Email
 
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