Posternak Blankstein & Lund LLP is now Arent Fox. Read the press release

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Health Care

From Workbench to Bedside, We Have You Covered
Arent Fox is a destination firm for organizations that provide health care services, develop products and therapies, and embrace innovation in the marketplace. Our attorneys act both as outside general and specialty counsel to leading organizations, delivering “workbench to bedside” counseling for a national roster of clients.

Across core sectors – Hospitals, Clinics & Physicians, Senior Living Facilities, Hospice & Home Health Agencies, and Pharmaceutical & Device Manufacturers – we advise clients on all aspects of their businesses. From corporate acquisitions to patient bioethics issues, we do it all. In the fast-paced world of health care delivery, with regulation, service models, and clinical realities continually changing, we are uniquely positioned to help.

Our Focus

The rapidly-evolving health care marketplace continues to create opportunities and challenges across the industry. Value-based care delivery models are driving new forms of collaboration. Technology is enabling telehealth, consumer-driven care models, Big Data, AI, and personalized medicine. Investors are searching for opportunities and provider organizations are evolving through partnerships, service diversification, research and commercialization initiatives, and other innovative strategies.

We get the first call when organizations face complex legal disputes, regulatory hurdles, or a unique transaction. Our experience covers all aspects of a health care service organization’s needs, whether it entails a major corporate acquisition, an expedited regulatory survey, governing board advice, a government investigation, a physician disciplinary matter, pursuit of enhanced reimbursement, or launch of a new product or service.

Who We Advise

  • Acute care hospitals, health systems, surgical centers, and urgent care facilities
  • Physicians and physician groups
  • Laboratories and collection sites
  • Behavioral, mental health, and substance abuse facilities
  • Senior living, skilled nursing, and long-term care facilities
  • Hospice, palliative care, and home health care services
  • Telemedicine providers
  • Medical research organizations
  • Pharmaceutical and medical device manufacturers and distributors
  • Group purchasing organizations
  • Specialized treatment centers and clinics
  • Provider trade associations

What We Do

Health care providers have a broad array of legal and business needs. We handle all of them.

Business

  • Corporate: Formation, organization, and governance
  • Business Transactions: Mergers, acquisitions, joint ventures, due diligence, financing and investment, and management agreements
  • Real Estate Transactions: Sale or purchase transactions, leases, financings, HUD loans, and regulatory issues
  • Financial Distress: Bankruptcy, restructuring, and addressing debtor/creditor rights

Regulatory

  • Government Program Integrity: Statutory and regulatory compliance including federal False Claims Act, Anti-Kickback, Stark, and similar state laws
  • Government Oversight: Investigations, audits, fraud and abuse counseling, interactions with oversight agencies, and government relations
  • Medicare & Medicaid Participation: Enrollment, defense of decertification actions, compliance, coverage, price reporting, and reimbursement
  • State Regulatory: Licensure, change of ownership, certificate of need, corporate practice of medicine, and scope of practice
  • Physician Relationships: Contracting for recruitment, employment, and administrative services
  • Employee Relationships: Labor and employment counseling, employee benefits
  • Safeguarding Information: Data privacy and security, HIPAA compliance, technology implementation, and innovation
  • Value-Based Purchasing Program Development: ACO formation, Medicare Advantage program development, incorporation of social determinants of health, telehealth, joint venture formation, provider and managed care organization negotiations
  • Research Initiatives: Research-oriented compliance program development, industry collaboration, commercialization initiatives, and investments

Dispute Avoidance & Management

  • Physician Organizations: Medical staff-governing body relationships,  peer review, credentialing, privileging, and related counseling
  • Medical Staff: Litigation and dispute resolution
  • Payer Relationships: Managed care contracting and commercial payer disputes

Our Team

Recognized by Chambers USA and Legal 500 among the best Health Care groups in the country, our team is described as a group of “responsive, professional, and creative problem solvers.”

Our reach is national. The firm’s core group of 30 health care lawyers works closely with more than 50 attorneys from other key legal disciplines – including Corporate & Securities, Labor & Employment, Government Enforcement & White Collar, Tax-Exempt Financing, and Government Relations – who are deeply involved in advising health care organizations. We combine the specialized experience of a health care boutique with the resources of a large law firm.

Key Contacts