The healthcare industry is one of the fastest growing and most important facets of our nation's economy.
As the healthcare industry continues to grow in size and complexity, the legal issues facing healthcare businesses require increased unique knowledge and experience. Howard & Howard attorneys advise healthcare practitioners and businesses on all types of matters that affect their practices and businesses on a daily basis. We routinely work with healthcare businesses and practitioners to solve transactional, litigation, and regulatory challenges that require not only knowledge of the law, but specific knowledge of the ever-changing healthcare industry. Our keen understanding of the healthcare industry enables us to take cost-effective action that helps our clients solve problems and capitalizes on business opportunities.
Howard & Howard routinely represents a wide variety of healthcare businesses and practitioners such as:
- Physicians and Physician Practice Groups
- Assisted Living and Long-Term Care Facilities
- Dentists and Dental Practices
- Home Health Agencies (Skilled and Non-Skilled)
- Hospitals and Health Systems
- Individual Medical Practices and Physicians
- Life Sciences Companies
- Medical Device and Equipment Manufacturers
- Rehabilitation and Therapy Centers
- Other Healthcare Providers (Psychologists, Nutritionists, Counselors, etc.)
Howard & Howard's team of healthcare, corporate, litigation, and intellectual property lawyers can provide a broad range of healthcare legal services including:
- Anti-Kickback and Stark Law
- Capital Planning, Finance and Securities
- Compliance Programs
- Corporate Planning and Maintenance
- Executive Compensation and Employee Benefit Planning
- Government Contracting
- HIPAA Regulation and Compliance
- Intellectual Property
- Labor & Employment
- Licensure and Credential Matters
- Litigation (including malpractice defense support)
- Mergers & Acquisitions
- Practice Group Succession Planning and Buy-In
- Purchases and Sales of Practices
- Real Estate (Building Purchases, Leases, Construction, Build-Out Issues)
Our Reputation as Leaders
While Howard & Howard has a broad range of healthcare experience, we have developed a reputation as leaders in several key areas:
- Representation of Healthcare Businesses and Professional Practices: Our firm has extensive experience in counseling physicians, dentists, and other healthcare owners and providers in the start-up, formation, and operation of medical and dental practices and other types of healthcare businesses. We routinely work with such individuals to develop a solid corporate structure and governing documents (including shareholder and buy-sell agreements) that will support the practice or business for years to come. After formation, we also represent individuals and practices in adding additional partners, retirement or withdrawal of existing partners, and retaining valued individuals through equity participation and incentive and deferred compensation programs.
- Healthcare Transactions: We handle both complex and routine acquisitions and divestitures of healthcare businesses and facilities on a regular basis. We regularly represent physician practice groups, investors and private equity groups in the purchase and sale of both healthcare facilities and healthcare providers. Our representation of investors and private equity groups has allowed us to develop an industry leading understanding of the limits on the corporate practice of medicine. Our multidisciplinary team partners with clients on transactions to perform due diligence covering regulatory, corporate, intellectual property, real estate, tax, and environmental issues. We take a practical approach to drafting and negotiating the deal and keep the most important objective in front of us at all times - getting the deal done efficiently and effectively.
- Healthcare Contracts: Our attorneys are experienced in drafting and reviewing all types of healthcare agreements including, management, professional service, provider employment, outreach and marketing, joint-venture, license, data sharing, and equipment leasing agreements. We draft and review all agreements not only considering general contract principles but also regulatory issues that may impact the structure of a healthcare related transaction. We strive to ensure our clients are within prescribed safe harbors and the bounds of applicable laws and regulations.
- Healthcare Finance: We have particular depth in representing both lenders and borrowers involved in the healthcare and life sciences industries and have been involved in structuring, negotiating, and documenting complex financings and credit facilities of many types.
- Patient Care Matters: Howard & Howard regularly provides legal services for the full range of patient care issues, including informed consent under federal and state law requirements, confidentiality of patient information, restraints, end of life issues, required reporting of certain matters and issues common to the practice of emergency medicine, including obligations under the federal Emergency Medical Treatment and Active Labor Act (EMTALA). We also provide legal services related to human subjects research, institutional review boards and OHRP regulatory matters and institutional research board compliance.