Health Care

In law, as in health care, early diagnosis of the problem is critical

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. Health care is unlike any other business, though. Because this industry is so complex and the stakes so high, we primarily focus on practicing preventative law, helping our clients avoid legal issues to begin with.

Over the years, our attorneys have represented hundreds of hospitals, physicians and other health care providers in issues ranging from fraud and abuse to HIPAA compliance, acquisitions and expansion projects, medical staff issues and licensure matters. We also have significant experience with Stark law and Anti-Kickback compliance matters, as well as health care litigation issues.

Because our practice area covers a range of services, we often help our health care clients with other areas of their business, from general litigation to labor and employment issues to real estate law. We coordinate the skills and efforts of our attorneys throughout the firm through an internal Health Law network. The network integrates the knowledge and experience of Burr & Forman attorneys whose practices are focused on securities law, antitrust law, general business and corporate law, tax law, employment law, litigation and insurance law—all to serve our clients, whatever their needs may be.

Specific examples of our attorneys’ experience in health care law include:

• Participation in the drafting of the original certificate of need statutes in Alabama, the initial Alabama Administrative Procedure Act, the Alabama Medical Practice Act and the Alabama Medical Liability Act.

• Participation in the organization of the initial Professional Standards Review Organization (PSRO), the predecessor of the Peer Review Organization (PRO) for Alabama.

• Participation in the merger, acquisition and consolidation of hospitals, home health agencies, nursing homes, physician groups and other health care providers.

• Organization of the professional liability insurance carrier for physicians in Alabama.

• Organization of independent practice associations (IPAs), preferred provider organizations (PPOs), physician/hospital organizations (PHOs) and management service organizations (MSOs).

• Negotiation of managed care and other service contracts.

• Former representation as general counsel for the Medical Association of the State of Alabama.

• Representation of the Alabama State Board of Medical Examiners.

• Drafting of medical staff bylaws.

• Representation of medical staff executive committees and hospitals in disciplinary proceedings.

• Defense representation of hospitals and medical staffs in medical staff privilege litigation.

• Defense representation in medical malpractice litigation.

• Certificate of need law, including administrative and judicial hearings.

• Representation of health care providers in both Medicare and Medicaid fraud/abuse investigations.

• Defense representation of hospitals in EMTALA violations.

• Defense representation in antitrust and employment discrimination litigation.

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