Health Care Practice
The attorneys in Phillips Murrah’s health care practice team are experts dedicated to serving the legal needs of health care professionals and institutions. We deliver strategic counseling and legal assistance to a broad range of health care industry clients, including hospitals, physicians and physician groups, behavioral health professionals, allied health professionals, provider joint ventures, insurance companies, nursing homes, home health and hospice organizations, billing companies, medical trade associations, vendors and other health care industry-related organizations.
Because of the complicated nature of the health care industry and the broad scope of legal services required to meet all of the needs of our health care clients, our attorneys collaborate across the Firm to provide our health care clients with comprehensive legal services. We can counsel our clients with respect to general health law matters, and through the expertise of attorneys in other practice areas, we are able to offer a full complement of services to clients in the health care industry:
- Establish legal vehicles for health care businesses such as corporations, partnerships and joint ventures
- Real estate acquisitions and leases
- Mergers and acquisitions
- General business transactions
- Bond financing
- Employee benefits
- Labor and employment
- Taxation matters
- Behavioral health matters
- Litigation and arbitration
- Political advocacy
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Compliance and Operations Support
Labor and Employment
Health care Transactions
Professional Licensure Boards, Disciplinary Action and Conflict Resolution
Compliance and Operations Support
Health care is one of the most highly-regulated industries in the U.S. We understand the unique environment in which our clients must operate and can provide the regulatory guidance to keep your operations compliant and assist you in navigating such areas as:
- Information security and data breaches
- Federal and state fraud and abuse rules
- Clinical research and institutional review boards
- Federal payor requirements
- Medical staff issues
- Corporate governance
We can assist providers in establishing best practices and in developing a plan for risk averse governance including a robust conflict of interest review and sufficient due diligence as part of strategies operations.
Information Technology (IT)
Information technology in health care is currently transitioning from a support modality to an integral part of the care process. Our IT health care practice skill sets range from:
- Negotiating contracts with IT providers
- Establishing information maintenance and release policies to comply with HIPAA and HITECH regulations
- Creation of a compliant breach notification policy to mitigate risks to both provider and patient
- Cybersecurity issues
- Positioning providers to respond to the liberalization of HIPAA requirements in the areas of clinical research and non-profit fundraising
- System and provider responses to new technology including telehealth, Skype, social media and rapidly developing medical devices and programs
Labor and Employment
As a labor intensive industry, health care institutions and providers face employment issues that are diverse and complex. Our health care team is experienced in drafting, reviewing and negotiating employment contracts for employers in the health care industry. We also take great pride in assisting providers in establishing their initial employment or contractual relationships in Oklahoma following internships, residencies and fellowships.
Regulatory and Administrative Matters
We understand the burdens and pressures involved in regulatory and administrative proceedings. We represent health care clients before agencies such as:
- Oklahoma Health Care Authority
- The Department of Health
- The Department of Mental Health
- The Centers for Medicare and Medicaid Services
Guidance and advice from our team helps clients navigate situations such as guide you through:
- Reimbursement appeals [new area]
- HIPAA breach response plans
- Compliance investigations by state and federal agencies
- Professional licensure board reviews
- Medical staff disciplinary actions
- Board complaints and scope of practice/licensing matters
- Issues related to clinical research
Health care Transactions
Our mergers, acquisitions and transactional lawyers have extensive experience in structuring, financing, negotiating, documenting and closing deals involving health care facilities and other providers. We have handled numerous mergers and acquisitions of health care providers and physician groups, acquisitions and sales of substantial health care assets, corporate restructurings of health care providers, joint ventures and strategic alliances, development of provider networks, secured loans, structuring syndications and other securities transactions.
We also represent emerging health care companies in such areas as:
- Venture capital and other private financing,
- Corporate partnering including research and development arrangements
- Intellectual property
- Growth and exit strategies
Our real estate attorneys assist our health care clients with property sales and acquisitions, as well as structuring and drafting compliant lease agreements. Phillips Murrah health care lawyers can assist with agreements for vendors and other independent contractors, group purchasing and co-marketing agreements. Our team can also help guide our non-profit clients through the specialized regulatory framework in which they operate.
Our attorneys can assist with the legal aspects of strategic decisions such as debt financing, bond ratings, the legal entity selected and impacts of changes in payor policies. We also provide advise to our clients on the restrictions on competition, limitations on relationships established by Start and Anti-kickback, system integration, provider-based departments and physician employment and practice acquisition. We regularly advise our health care clients about the ranges of legal and regulatory options available to achieve their business objectives.
Our attorneys have extensive experience in the area of behavioral health and the growing body of regulations applicable to the release of information, confidentiality, reimbursement emergency treatment and stabilization requirements and involuntary admissions in this important and complex industry. We can provide assistance to all parties in behavioral health treatment–providers, patients and families–including advice on:
- Release of information
- Scope of practice
- Mental Health Parity Act
- 42 CFR Part 2 regulations
- Involuntary admission for treatment
Phillips Murrah attorneys also regularly advise clients desiring to provide for future care and treatment through such vehicles as powers of attorney, guardianship and conservatorships.
Professional Licensure Boards, Disciplinary Action, Conflict Resolution
Provider performance review is a reality in this day and age in health care. Providers often require representation before their licensure boards and in peer review. Our attorneys have appeared before professional licensure boards for a wide variety of providers and have experience on both sides of the table in the peer review process.
Our attorneys are trained in arbitration and negotiation and actively engage in conflict resolution for employed physicians, medical staff members, independent contractors and allied health professionals. We have assisted providers with reports and responses to the National Practitioner Data Bank.
Medical Malpractice Defense
Our team of medical malpractice defense attorneys are veteran trial lawyers who vigorously represent and defend licensed health care professionals and health care organizations and institutions against high-stakes claims of negligence and medical malpractice.
We defend clients in state and federal courts at both the trial and appellate level before administrative agencies in proceedings such as board complaints and licensing matters.
We also defend clients in state and federal courts at both the trial and appellate level and have represented licensed facilities and providers such as:
- Surgery centers
- Nursing homes
- Home health agencies
- Durable medical equipment providers
- Physicians, psychologists and other licensed health care professionals
- Other health care organizations, institutions, and provider groups