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Healthcare

Client and Industry Challenges

From complying with complex regulatory standards to negotiating the rapidly changing legal and business issues affecting research, technology, delivery systems and reimbursement processes, healthcare organizations and individual providers face unique challenges that often require the guidance of experienced and dedicated legal counsel.

Snell & Wilmer’s healthcare fraud attorneys use their knowledge and experience in healthcare transactions, operations and adversarial proceedings to provide practical advice and exceptional client service. Our long-standing commitment to the healthcare community, our strong relationships within the healthcare sector and our time-tested ability to deliver results for our clients have made our healthcare practice one of the most respected and trusted in our region.

Areas of Service

Business Law:

  • Transactions
  • Entity selection
  • Joint ventures
  • Mergers and acquisitions
  • Financings
  • Contracts and agreements
  • Competition and antitrust
  • Governance
  • Intellectual property
  • Bankruptcy and reorganizations
  • Real estate

Employment and Labor:

  • Employment law
  • Employee benefits
  • Employment agreements
  • Executive compensation
  • Union activities
  • EEOC
  • NLRB

Litigation Services:

  • Government investigations and audits
  • Internal investigations
  • Professional liability defense
  • Business litigation
  • Antitrust
  • Product liability defense
  • Alternative dispute resolution
  • Regulatory board representation

Non-Profit and Tax-Exempt Entity Services:

  • Governance
  • Tax-exempt financing
  • Private foundation compliance
  • Private benefit and inurement
  • Unrelated business income tax
  • Tax reporting matters
  • Tax-exempt applications and filings

Regulatory and Compliance Services:

  • Stark Law and Anti-Kickback Law
  • Corporate compliance plans
  • Medicare and Medicaid compliance
  • Medicare and Medicaid reimbursement
  • Health facilities licensure
  • Certificates of Need
  • Medical staff credentialing and governance
  • Accreditation
  • Risk management and quality
  • Peer and utilization review
  • HIPAA and HITECH
  • EMTALA
  • State privacy
  • FDA regulatory guidance
  • Professional licensing
  • Environmental and bio hazards
  • Legislation and government regulations
  • Scope of practice
  • Bio and medical ethics
  • Corporate practice of medicine

Clients We Serve

Snell & Wilmer represents hospital systems, national healthcare organizations, physicians, physician groups, physician professional organizations, research organizations, nursing homes, assisted living facilities, residential care centers, ambulatory surgery centers, independent diagnostic testing facilities, hospices, clinical laboratories, pharmacies, imaging centers, sleep clinics and many individual practitioners and groups.

Our firm also represents payor and insurance organizations, including professional liability insurers, third-party payors, health maintenance organizations and captive insurers; and tax-exempt entities including non-profit healthcare providers, private foundations and public charitable organizations. We provide advice and representation to an array of healthcare clients on regulatory and compliance matters related to federal and state fraud and abuse laws and regulations, reimbursement, credentialing and employment of providers, joint ventures and physician-entity integration, best practices in compensation and contracting, value-based purchasing and contracting with providers.

Snell & Wilmer has assisted with the formation of provider entities, networks and captive insurance companies. We regularly counsel clients on mergers and acquisitions, sales and other transactions. Our clients rely upon the firm for corporate and business legal counsel, including tax and non-profit advice as well as litigation and insurance-related services.

Why Clients Select Us

Experienced and Connected: Snell & Wilmer has partnered with the healthcare community for over 60 years. We value our relationships and work hard to familiarize ourselves with our clients and their practices. We provide legal advice that addresses the specific requirements and goals of each of our clients.

Informed and Invested: Our attorneys help write the law of healthcare. We advise our clients of the immediate and long-term ramifications of new initiatives and regulatory policies. We frequently evaluate state and federal law reform proposals, draft legislative bills, facilitate access to decision makers and provide legislative testimony on matters of importance to our clients and communities. Because we recognize that litigation poses a serious threat to the healthcare community, Snell & Wilmer attorneys remain actively involved in legislative reform efforts and work toward alternative dispute solutions.

Experience

Transactional

  • Represented children’s hospital in its pediatric services affiliation with regional healthcare system
  • Represented healthcare system in its acquisition of a majority control of several physician-owned ambulatory surgical centers
  • Represented entity in the transfer of all assets and licensure of county health system to healthcare district
  • Represented specialty hospital founders in its organization and licensure
  • Represented buyers of several dialysis clinics in connection with required divesture in merger of national dialysis companies
  • Represented multi-disciplinary physician group in its exclusive provider agreement/IPA with national commercial insurer and contracted Medicaid children’s rehabilitative services plan
  • Served as counsel in joint venture between hospital and healthcare provider for sleep-related independent diagnostic testing facility
  • Assisted with the reorganization of a government healthcare provider
  • Assisted with the licensure of nursing homes, assisted living facilities, spine ambulatory surgery center and outpatient treatment centers
  • Represented nursing home, assisted living, home health and outpatient treatment centers in securing governmental licenses and permits
  • Represented seller in the divesture of contact lens divisions
  • Formed the first protected cell captive insurance company in the State of Arizona
  • Represented commercial insurer in its Medicare/Medicaid joint venture with regional healthcare system
  • Represented trauma surgeon practice in its call-coverage arrangement with hospital system
  • Represented acquisition of Arizona line of business for healthcare insurer
  • Represented telemedicine manufacturer in various healthcare IT purchase and sale agreements
  • Represented heart center in reviewing licensure issues
  • Represented dermatology clinic in connection with employment dispute
  • Assisted a regional hospital with all its benefit needs, including the revamping of its benefit programs to comply with Section 409A, the revision of its retirement program to comply with new IRS regulations, and the preparation of the employment agreements for its departing and new CEOs

Litigation

  • Represented a non-profit hospital network in relation to employment and wage and hour disputes and business contract disputes
  • Represented several hospitals in both a U.S. Department of Justice investigation and a class action, alleging that the hospitals and a trade association had fixed the wages of part-time nurses
  • Represented two healthcare providers who alleged that a monopolist hospital had blocked their opening of a competing outpatient facility
  • Represented a non-profit hospital in relation to intellectual property litigation-related matters
  • Represented healthcare providers and academic hospitals in disputes with group insurers and in the investigation and reporting of alleged Medicare fraud, as well as in disputes relating to staff privileges and credentials
  • Represented healthcare providers in responding to, defending, and negotiating settlements with state and federal agency healthcare fraud investigations
  • Represented large healthcare provider group in litigation and trial by former provider alleging breach of contract for compensation and retaliation for whistleblowing
  • Represented hospital in litigation by former employed provider alleging HIPAA and EMTALA violations and retaliatory conduct
  • Represented third party administrator for government health program in disputes with providers over payment of claims
  • Represented providers in lawsuits against licensing boards
  • Represented providers and hospitals in disputes involving medical staff membership and privileging
  • Represented hospital in disputes involving recruitment agreement
  • Represented providers in disputes with federal and state health programs on coverage determinations