JMBM understands the nuances of the highly regulated and constantly changing health care industry. Our multi-disciplinary team of lawyers represents a wide range of health care providers and provider organizations, as well as related companies that focus on health and medical technologies, and business services.
In representing you as a health care client, we combine detailed health care knowledge with practical experience. Our team members bring their extensive corporate, labor, litigation, intellectual property and real estate skills to bear on complex health care needs.
We know the unique relationships that exist among providers, patients, payers and regulators. With this invaluable background, our lawyers respond quickly to the critical needs of:
- Ambulatory surgery centers, imaging centers, dialysis centers, laboratories, physical therapy centers and other free standing facilities
- Management service organizations, particularly when facilitating provider mergers
- Health maintenance, preferred provider organizations and independent practice associations (HMOs, PPOs and IPAs)
- Hospitals and hospital systems
- Skilled nursing facilities and residential care facilities for the elderly (RCFEs)
- Medical device manufacturers and distributors
We take the health care provider’s perspective on legal and business issues, an efficient approach that means you receive customized counsel that you can trust.
Our familiarity with the widely varying business models and competitive concerns of single hospitals, multi-hospital systems, physician and other professional practices, surgery centers, imaging centers, long-term care providers and others enables us to handle all the documentation and structuring of an acquisition, merger or divestiture. That includes the often-complex regulatory approvals, governance issues and financing concerns that can arise when the deal involves for-profit and not-for profit entities, or strictly licensed providers. For example, JMBM was outside counsel for the successful reorganization of the then-largest publicly owned HMO, with outstanding debts of over $3 billion dollars.
Because joint venture affiliations between provider organizations and physicians are, in effect, a “virtual merger,” you will benefit from our ability to ensure that you comply with all antitrust requirements and related fraud and abuse enforcement and regulation. That includes counseling on federal scrutiny to guard against price-fixing and tying arrangements, and group purchasing organizations.
We routinely advise health care clients about the kind of legal structure most likely to satisfy their business and other needs (from professional corporations to partnerships, in states from California to Delaware, as well as in foreign countries), and make sure it is structured to avoid the prohibitions against self-referrals and kickbacks. Our lawyers also help clients structure innovative affiliations and joint ventures, such as a risk-sharing arrangement between a hospital and IPA that involves joint global capitation for managed-care patients.
Health care organizations seek our advice on issues that involve inurement (for tax exempt organizations) and self-referral statutes, reimbursement, fraud and abuse, and privacy requirements. Because practice agreements between hospitals and physicians or physician groups are highly complex, we will help you document all the necessary operational considerations (utilization review programs, quality assurance plans and credentialing criteria) and ensure that tax, reimbursement, financing, and information system matters are properly addressed and integrated.
JMBM lawyers effectively represent many health care clients, including professional practice groups, large managed care organizations and hospitals in collective bargaining and other labor and employment concerns. Our firm identifies problems that lead to employment lawsuits and works effectively to prevent or resolve controversies in the most effective way possible.
Health care providers have labor and employment concerns that are as wide-ranging as the many federal and state laws and regulations under which they operate. We advise you on all of them, but focus our efforts in areas that we believe are your greatest cause for concern, including:
- Ensuring that internal policies and procedures comply with the law
- Dealing with existing labor unions or remaining union-free
- Complying with wage and hour laws
- Resolving all types of discrimination and harassment allegations
- Handling workplace safety issues unique to health care providers