Birmingham Health Care Lawyer

Birmingham Health Care Lawyer

The health care landscape is changing on a daily basis. Health care companies face a demand for transparency, increasing regulations, security and privacy concerns, patient safety and stringent compliance requirements. How prepared are you to meet unforeseen challenges that may arise in the delivery of health care?

Having an attorney to help you navigate the often confusing and complex health care environment is not only important – it’s critical. If you are seeking regulatory and compliance guidance, finding an attorney or counselor with firsthand industry experience is vital. Whether it’s managing disputes between doctors and hospitals in employment lawsuits or defending doctors and dentists in front of the Board of Medical Examiners and Board of Dental Examiners, you need experienced advisors on your side.

A trusted partner can respond quickly to your situation and understands the business challenges that you face, so you can focus on making the world a healthier place.

Christian & Small’s team of experienced health care lawyers successfully navigates our clients through the complex regulatory, legal and business challenges facing the industry. We recognize that our health care clients demand legal support across a range of disciplines and our attorneys have significant experience in a wide variety of health care law matters. This allows us to handle the diverse issues that arise in this shifting industry landscape.

Medicare and Medicaid

Medicare and Medicaid issues impact almost every health care provider in one form or another. The lawyers at Christian & Small are experienced in handling matters dealing with reimbursement issues, audits and appeals to help providers deal with Medicare’s Program Integrity Contractors, assist in negotiating coverage determinations, appealing overpayments and denials, and, when necessary, litigating reimbursement disputes.

Regulatory Guidance

We routinely provide regulatory guidance to health care clients on issues involving:

• Anti-kickback Statute, Stark Statute and False Claims Act
• Hospital Authority Law
• HIPAA Privacy, Security and EDI Rules
• Open Records/Meetings Act
• EMTALA
• Hospital Acquisition Act
• Certificate of Need
• Licensure
• Medicare/Medicaid certification and reimbursement
• Antitrust compliance

Business Operations

Our Birmingham healthcare lawyers also assist health care clients with their business operations from corporate formations to restructurings and workouts. We advise physician practices, hospitals, long-term care facilities and other health care providers on contract negotiations, due diligence when hiring, real estate transactions and state compliance with federal regulations.

Our lawyers also advise health care providers on the legal issues that arise in their daily business operations, including:

• Health Information Technology, Electronic Health Record and EMR issues
• Patient Rights (including consent and end-of-life issues)
• Admission and Involuntary Transfer/Discharge
• Licensure Surveys and Certifications
• Contracting and Recruitment
• Defense of Qui Tam actions
• Risk Management and Peer Review
• Scope of Practice

Representative Matters

• Assisted group of psychiatrists in establishing their practice, including advising the group regarding Stark and Anti-kickback issues and drafting all employment and independent contractor agreements
• Represented large physician practice in a lawsuit brought by two physicians that left the group who alleged fraud and breach of contract
• Provided advice to multi-state cancer treatment practice regarding how to comply with Stark and Anti-kickback regulations when distributing ancillary income to physician owners
• Assisted national hospital chain in selling its Certificate of Need for a number of skilled nursing beds to a company that owns and operates long-term care facilities
• Represented national hospital chain in Medicare appeal hearing for their nationwide facilities
• Obtained summary judgment on behalf of a defendant hospital in discrimination case filed by a surgeon who claimed his privileges were revoked based on race, national origin and religion. The court’s 108 page opinion was filed under seal.
• Represented three hospitals in separate FLSA collective actions with possible classes from 600 to in excess of 2,000 members. One case receiving initial certification and involving 60 opt-ins was pared down to fewer than 25 members. Settled the case for $10,000 with most of the last-standing claimants receiving $50. Other two matters settled before initial certification for under $10,000.
• Prepared coverage opinion related to whether physician’s coverage provides for CRNAs under the supervision of the insured doctor.
• Defended health care company CEO and its general counsel in two week trial in which Federal Government charged violation of FCPA in building the largest rehabilitation hospital in the world. Not guilty verdict was reached.
• Defended physicians and practice groups in audits and investigations regarding medicare and insurance reimbursements.
• Obtained directed verdict for employer in federal employment discrimination litigation involving Americans with Disabilities Act; affirmed on appeal to Eleventh Circuit Court of Appeals.
• Defended three separate ambulatory surgery centers (costing roughly $1.3 million each) in Georgia mandamus actions challenging the issuance of letters of non-reviewability.
• Defended Georgia Certificate of Need for establishment of senior adult psychiatric hospital at administrative level and on appeal.
• Obtained settlement payment of more than $4 million, plus attorneys’ fees, in complex business dispute involving multiple real estate parcels and contractual agreements.
• Obtained settlement payments of more than $14.4 million in series of related physician partnership disputes in Georgia.
• Obtained letters of non-reviewability for medical practice for purchase of medical equipment costing roughly $750,000 over challenge from largest competitor before Georgia Department of Community of Health.
• Represented hospitals, academic medical centers, physician practice groups and individual physicians – in a variety of health care matters, including disputes involving hospital-physician relationships, enforcement of and compliance with Certificate of Need laws and regulations, establishment of ambulatory surgery centers, managed care contracting and reimbursement, physician employment relationships, Medicare and Medicaid reimbursement, fraud and abuse issues, false claims and qui tam actions.

Representative Clients

• University of Alabama Health Services Foundation
• Community Health Systems
• American Physicians Assurance
• Grace Healthcare
• EmCare
• Coastal Insurance Risk Retention Group
• LifePoint
• OMIC (Opthalmic Mutual Insurance Company)
• NCMIC (formerly known as National Chiropractic Mutual Insurance Company)
• Caronia Corporation
• Medmarc
• The Doctor’s Company
• Landmark Insurance