Health Care Litigation

At Burr & Forman, our team understands the intricacies of health care litigation and how it can affect our clients' businesses and the care they provide. Not only do our attorneys have a deep understanding of the many health care laws, they are also trial attorneys experienced in the courtroom. Our team handles a variety of litigation matters for clients in the industry, including qui tam/government investigations, general litigation, regulatory/administrative hearings, and certificate of need cases.

Government Investigations and Litigation

Our health care trial attorneys have handled qui tam and government investigations involving:

• Hospital billing
• Clinical laboratory billing
• Compounding pharmacies
• Toxicology laboratory personal services arrangements
• Incident to services
• Home health care certification and recertification
• Federal Trade Commission investigations
• Physician services and use of physician extenders and the proper level of supervision
• Corporations responding to Civil Investigative Demands (CID), search warrants and grand jury subpoenas
• Corporate employees subject to CIDs, search warrants and grand jury subpoenas
• Bundled payments
• Stark and Anti-kickback allegations

Health Care Litigation

We represent health care providers with regard to general litigation issues including:

• Emergency Medical Treatment and Active Labor Act (EMTALA) violations
• Antitrust litigation
• Civil Investigative Demands (CID), search warrants and grand jury subpoenas
• Defending physicians, long term care facilities, nurses, and hospitals in medical malpractice litigation
• Medical staff credentialing and clinical privilege litigation
• Qui tam and false claims act lawsuits
• Representing health care providers as creditors against entities owing debts, including liquidating and restructuring work-outs and bankruptcies
• State and federal fraud and abuse litigation
• Contract and employment disputes
• Assisting health care providers as debtors with work-outs and restructuring of debts and capital structures, both in and out of bankruptcy court

Health Care Regulatory Litigation

Burr & Forman's health care team is experienced in dealing with regulatory litigation issues including:

• Physician, pharmacy, and other state licensure proceedings
• State & federal agency (Medicaid, FDA, DEA) actions including investigations, adverse decisions, and contested case proceedings
• State & federal fraud and abuse investigations
• Recovery Audit Contractors (RAC), Medicare and other third-party payor audits, hearings, and appeals
• Representing providers in contested cases, declaratory judgments, agency hearings and appeals as it relates to certificate of need