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Breadth of experience in healthcare law. Up-to-date industry knowledge. Innovation. Commitment to client service.
These concepts are at the core of Womble Carlyle’s Healthcare Industry Practice. We have represented healthcare providers, and vendors to those providers, for almost a century. As a result, we have experienced firsthand the evolution of healthcare into the largest, most complex and highly regulated industry in the United States. We serve on the front lines with clients, dealing with the ever evolving regulatory and business issues that are unique to healthcare.
Womble Carlyle uses a practical, comprehensive approach to help clients realize their clinical, business, and professional goals. As a full service, business law firm, we are perfectly situated to help our clients across healthcare industry’s front lines. Our core team of healthcare attorneys is supported by a multidisciplinary team of more than 60 attorneys. Womble Carlyle’s Healthcare Industry Team leaders assemble customized groups of attorneys with a variety of skills and experience to meet the specific needs of each client.
Our areas of client service include advice and representation in the following areas:
Collaborations/Mergers/Acquisitions, including hospital collaborations, joint ventures, development of ambulatory surgery centers, provider affiliations and physician network development. Advising clients in appropriate structuring of transactions in consideration of regulatory and reimbursement issues.
Antitrust Considerations, including representation in federal and state investigations; antitrust counseling on managed care contracting strategies; clinical and financial integration of health care providers; economic credentialing and other issues; and evaluation of competitor conduct under federal and state antitrust statutes.
Financing, including bond financing and public/private offerings. We also assist with negotiating tax concessions and other economic development incentives.
Property Acquisitions, including helping healthcare providers navigate the associated governmental approvals and construction agreements. We also assist with landlord/tenant relationships (including those with self-referral and anti-kickback implications).
Reimbursement Issues, including extensive experience in third-party audits, OIG investigations, ZPIC and CERT reviews, RA and MAC coding and medical necessity audits, voluntary disclosures and government repayments, advice regarding freestanding vs. provider-based considerations, “incident to” considerations, bundled payments and other reimbursement issues.
Health Information Privacy and Security Compliance, including HIPAA and HITECH compliance, state privacy law compliance, required documentation of privacy and security practices, and breach analysis and notification as appropriate.
Tax and Tax Exempt Counseling, as to Federal and state income tax applicability, assessment of private inurement/public benefit issues, joint ventures between not-for-profit and for-profit entities, and overall tax-exempt status options; sales and use tax impact.
Government Investigations and False Claims Act Litigation, our practice team has litigated False Claims Act cases to verdict, with extensive experience in FCA and health care fraud investigations, settlements and litigation including representation of clients in qui tam litigation and working with the OIG and DOJ to resolve these matters.
Healthcare Reimbursement Audit Defense, our team of attorneys, physicians, and nurses guides healthcare providers through Recovery Auditor and MAC Audits. Team members assist healthcare providers in administrative appeals/defense, repayment audits, and ongoing compliance issues.
Antitrust Litigation, including class action defense, in federal and state courts throughout the nation.
Professional Liability, defending healthcare systems, long term and tertiary care facilities, hospitals, and other health care entities, insurance companies, physician practices in medical malpractice and professional liability disputes, including those involving catastrophic injury and wrongful death claims. We also help healthcare providers craft policies and procedures to help minimize the risk of medical malpractice and professional liability litigation.
Products Liability, defending the makers and users of medical devices and pharmaceutical products. We also have extensive experience in the relatively new and growing area of clinical trial litigation.
Other Services for Healthcare Providers
Early Stage Planning and Organization, helping healthcare administrators assess provider network options, relating to clinical and financial integration.
Day-to-Day Operations, including governance, vendor relations, contracts and other matters. We work closely with hospitals’ and institutional providers' in-house counsel to address on-going legal needs. We serve as "outside general counsel" to a variety of health care providers.
Employee Relations, this includes OSHA compliance and dispute resolution, wage/hour claims, ERISA defense against claims brought by plan participants or the Department of Labor, ADA compliance, EEOC claims and subsequent litigation, layoffs and related WARN Act considerations, union organizing campaigns and collective bargaining negotiations, employee handbooks, drug testing programs, affirmative action plans and employment policies.
Employee Benefits, including counseling as to qualified and nonqualified employee benefits (health, disability, long term care, life insurance and retirement).
Healthcare Bankruptcy. Our team includes attorneys with experience guiding creditors and other stakeholders through Chapter 11 proceedings as well as veteran healthcare regulatory and transactional lawyers who successfully close complex deals.
For the second consecutive year, Womble Carlyle attorneys Tony Brett and Gregg Skall will be among the speakers at the International Lyme and Associated Diseases Society (ILADS) Conference on Nov. 5th.
Tracy Field will give a presentation on “The Centers for Medicare and Medicaid Services (CMS) 60-Day Overpayment Rule” at the State Bar of Georgia’s Annual Advanced Health Care Law Seminar.
The Human Rights Campaign and Womble Carlyle once again affirmed their support for LGBT civil rights at the 20th annual Human Rights Campaign National Dinner.