Health Care Providers

We skillfully counsel health care providers confronting regulatory scrutiny and considering new business opportunities driven by health care transformation and consolidation. Our health care attorneys advise hospitals, clinics, physician groups, long-term care providers, health care systems, telehealth entities, and other providers in complex transactions, joint ventures, regulatory compliance, patient care legal issues, credentialing and other medical staff issues, tax exemption and governance.  Additionally, we provide general counsel services to many health care facilities and physician practices, coordinating a Stinson team to provide support on a wide range of business matters, including labor and employment, vendor and IT contracting, employee benefits, litigation, real estate, and intellectual property issues.

HEALTH CARE TRANSACTIONS

In the transactional arena, we provide strategic support for critical business needs, combining business acumen with regulatory awareness. We structure innovative joint ventures, execute affiliations, mergers, acquisitions and dispositions, act as borrower's counsel for tax-exempt and conventional financings and advise on workouts, and support the formation, purchase, construction, sale and licensing of health care facilities.. We have extensive experience helping facilities and physician groups navigate the business and regulatory considerations surrounding physician recruitment and employment contracts.  Recognizing the increasing need for the full spectrum of long-term care services, we provide scalable corporate and regulatory solutions for nursing homes, assisted living facilities, home health care, and hospice providers.

HEALTH CARE PROFESSIONALS

We provide a full array of legal services to health care professionals, from handling practice buy-ins and buy-outs to reviewing and negotiating employment and professional services agreements.  s.  Based on our comprehensive experience with licensing, medical staff and professional liability issues, we advise health care professionals facing adverse actions and work with hospitals to craft tailored medical staff bylaws, credentialing processes, and peer review/corrective action processes.  Our deep familiarity with state fee-splitting and corporate practice of medicine issues, we counsel both professional corporations and management companies on navigating this complex regulatory area. 

REGULATORY

Health care facilities and practitioners provide care in an environment of rapidly changing and highly technical state and federal laws and regulations and must contend with both regulatory oversight and public scrutiny.  Our health law team routinely helps clients develop compliance plans, evaluate and respond to regulatory challenges and opportunities that arise in the course of operations, and defend against federal and state regulatory inquiries.  We provide advice on Medicare and Medicaid billing and reimbursement laws, including the False Claims Act, Anti-Kickback Statute and its safe harbors, Stark Law, Conditions of Participation, and Emergency Medical Treatment and Active Labor Act (EMTALA).  In a world where data security is an increasing area of both public and regulatory focus, we provide practical advice and training on compliance with the HIPAA Privacy and Security Rules as well as state healthcare privacy laws.  We recognize that safe and effective patient care is the top priority for health care providers and provide carefully tailored advice on sensitive patient care matters.     Additionally, with extensive experience in representing public entities, we are well positioned to counsel public hospitals on compliance with state open records and open meeting laws, including the Minnesota Government Data Practices Act, Minnesota Open Meeting Law, and Missouri Sunshine Law.

NONPROFIT GOVERNANCE AND TAX-EXEMPTION

Attuned to critical issues of governance and tax exemption, we counsel non-profit health care entities on governance issues and advise on obtaining and maintaining 501(c)(3) tax-exempt status.  With a deep understanding of this unique regulatory and business environment, we work closely with clients to support compliance with Section 501(r) and navigate attorney general investigation and approval processes.  We also partner with clients on strategic structural and operational decisions, including joint ventures between nonprofit and for-profit organizations, tax-exempt bond financing, and use of charitable assets, to maximize community benefit and expansion of critical health care services.

LITIGATION

When disputes arise, we draw on the strengths of our health care litigation attorneys, known for delivering winning strategies for health care providers nationwide. We manage antitrust investigations of acquisitions, achieve favorable resolutions to IRS tax-exempt audits, represent hospitals on medical staff and hospital governance matters, represent health care professionals before licensing boards, and defend claims of alleged fraud, waste and abuse, including qui tam, suspension and exclusion proceedings. Whatever the case, we help clients manage potential liability and avoid negative and potentially damaging media exposure.

EXPERIENCE

• Provided transactional, regulatory, and government relations counsel to Liberty Hospital in a strategic growth partnership, securing an investment over $300 million in technology upgrades, facility expansion, and increased access to high-quality health care.
• Represented Cuyuna Regional Medical Center in structuring and obtaining tax-exempt financing for joint ventures with Presbyterian Homes to finance, construct, and operate an integrated senior living campus, including assisted living, dementia care, and skilled nursing facilities.
• Provided counsel regarding transactional, real estate, and tax-exempt financing to Astera Health in connection with the formation of a Cancer Center joint venture with CentraCare Health to construct and operate a radiation and medical oncology center in Wadena, Minnesota.
• Represented Rice Memorial Hospital in its affiliation with CentraCare Health and physician group ACMC Health to create the venture Carris Health, serving West Central and Southwest Minnesota.
• Represented nonprofit, city, county, or hospital district critical access hospitals in negotiating collaboration, shared services, and management agreements with larger health systems.
• Converted several Minnesota city, county, and hospital district-owned hospitals to nonprofit hospital organizations.
• Organized joint ventures between not for profit hospitals and physician practice groups to provide medical oncology and radiation oncology services.
• Multiple engagements with hospital medical staffs in medical staff governance, bylaw peer review, credentialing, corrective action, and fair hearing matters.
• Represented critical access hospitals in response to EMTALA, length of stay, pharmacy, physical plant and other violations.
• Provided ongoing governance education and strategic support to non-profit and government health care entities.