Health Care is one of the driving economic forces in the South and in the country; it’s also an essential focus of our firm.
In such a highly complex and regulated environment, we practice preventative law, by not only assisting clients with achieving their goals, but also avoiding unnecessary legal issues. Our attorneys represent numerous health care organizations, including hospitals, senior living facilities, surgery centers, pharmacies, pharmaceutical manufacturers and distributors, hospice and home health agencies, physician practices, and diagnostic centers, as well as medical device, biotech, and information technology companies.
From a litigation standpoint, our representation ranges from false claims and qui tam defense, fraud and abuse, regulatory, contractual and other commercial litigation, to medical staff, licensure, and third-party payor hearings. When it comes to understanding the intricacies of health care litigation, thriving businesses turn to the Burr & Forman health care team.
When it comes to representing health care providers with regard to litigation issues, Burr & Forman has handled it all, including the following:
- Defending health care providers and their employees in qui tam and false claims act lawsuits as well as responding to Civil Investigative Demands ("CID"), search warrants and grand jury subpoenas
- Representing health care providers in state and federal fraud and abuse litigation
- Representing hospitals and physicians with regard to alleged Emergency Medical Treatment and Active Labor Act ("EMTALA") violations
- Representing hospitals, medical staffs, and physicians in medical staff credentialing and privilege litigation
- Defending physicians, nurses, and hospitals in medical malpractice litigation
- Representing health care providers in antitrust, contract, and employment litigation
- Representing health care providers as creditors against entities owing debts, including liquidating and restructuring work-outs and bankruptcies
- Assisting health care providers as debtors with work-outs and restructuring of debts and capital structures, both in and out of bankruptcy court
Regulatory issues often arise in the litigation context and, in that regard, the Burr & Forman health care team has experience litigating the following:
- Representing health care providers in both state and federal fraud and abuse investigations
- Representing health care providers in Regional Advisory Council ("RAC"), Medicare and other third-party payor audits, hearings, and appeals
- Representing clients in physician, pharmacy, and other state licensure proceedings
- Defending clients in a broad range of federal and state agency (such as Medicaid, FDA, DEA) actions including investigations, adverse decisions, and contested case proceedings
Certificate of Need Litigation
Our experience with certificate of need matters is quite vast. From a litigation standpoint, we have represented numerous provider types in contested cases, declaratory judgments, agency hearings, and appeals.