Health Law

Experienced Healthcare Lawyers

Healthcare providers and suppliers face unique challenges and need lawyers who understand both the business of healthcare and the myriad of rules and regulations that must be followed to prosper in the healthcare industry. At Bailey Law, our experienced health law attorneys have represented healthcare providers, hospitals, community healthcare centers and other entities and individuals in the healthcare industry.

We regularly represent a wide variety of healthcare clients including, but not limited to: physicians, hospitals, home health agencies, hospices, physician organizations, pharmacies, urgent care centers, independent diagnostic testing facilities, durable medical equipment suppliers, and many others.

We have extensive experience representing providers in:

Stark Law, Anti-Kickback Statute, Fraud & Abuse

Our attorneys structure healthcare entities and transactions to comply with the federal Stark law, federal Anti-Kickback Statute, and other federal and state health care authorities governing healthcare fraud and abuse and relationships between healthcare providers and other entities.

The Stark law, often referred to as the federal physician self-referral prohibition, governs the ability of physicians to refer certain types of Medicare and Medicaid services to entities with which the physician (or an immediate family member of the physician) has a financial relationship. Analysis of whether the law’s provisions apply to your situation and, if so, whether an exception is available for the arrangement and how to structure the arrangement to comply.

Our attorneys also have experience advising providers and evaluating relationships under the federal Anti-Kickback Statute, which generally prohibits healthcare providers from providing or receiving any kind of compensation for the referrals of Medicare, Medicaid or other federal healthcare program services.  This criminal statute is interpreted broadly, and a violation has significant implications.

HIPAA, HITECH & Privacy Laws

The nuances and complexities of HIPAA’s Privacy, Security and Breach Notification rules, federal regulations protecting the confidentiality of information related to substance abuse treatment (42 CFR Part 2) and state confidentiality laws are difficult to say the least. Our attorneys have counseled clients on the various HIPAA Privacy and Security Rules that resulted from the HITECH Act and the Final Omnibus Rule, as well as the Breach Notification Rule. Whether you are a business associate or a covered entity, we can assist with the development of HIPAA Privacy, Security and Breach Notification policies and procedures, as well as conducting and documenting the risk assessment and risk management processes. Our attorneys are also available to consult on HIPAA compliance issues as they arise, such as assisting in determining whether a requested disclosure is permissible or assessing whether a breach notification is required.

Additionally, because HIPAA has been expanded to apply directly to business associates, our firm often represents vendors and other entities that provide support for the health care industry in understanding their HIPAA obligations and assist, for example, with the drafting of business associate agreements, as well as business associate subcontractor or “downstream business associate” agreements.