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




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