Hirschler attorneys partner with licensed health professionals to deliver practical legal advice and issue spotting in the highly regulated healthcare industry. Our lawyers provide a full complement of business, employment, compliance, and real estate services to providers in a wide range of specialties. Among our health professional clients, we represent physicians and medical practices, dentists and dental specialists, as well as other licensees of the Department of Health Professions, including nurses, chiropractors, LCSWs, speech pathologists and physical therapists. Helping clients to achieve their business objectives is the focus of our value-driven service model.
We advise practitioners on every issue that touches a healthcare practice, including:
- Practice formation, mergers, acquisitions and dissolution
- Practice governing documents (operating agreements, bylaws, shareholder agreements)
- Physician practice management agreements
- Joint ventures between hospital and physician groups
- Loan financing documents and opinion letters
- Managed care and vendor agreements
- Equipment leases
- Operational tax planning and business structuring
- Succession and estate planning
- Investment, creditor, and debtor services
- Data privacy and protection
- Insurance coverage
- Comprehensive legal audits
- All documents related to employment, including
- Offer letters
- Employment and consulting agreements
- Physician recruiting agreements
- Non-compete and non-solicitation agreements
- Confidentiality agreements
- Severance pay plans and separation agreements
- Employee handbooks and drug and alcohol policies
- Employment counseling
- Employment litigation (ADA, ADEA, DMLA, Title VII)
- FLSA compliance and worker classification audits
- Internal investigations into sexual or other workplace harassment, fraud, and whistleblowing
- Equity and deferred compensation agreements for partners, associates, and employees
Regulatory and Compliance Services
- Compliance training for Boards and Staff
- HIPAA and HITECH compliance
- Professional regulatory board investigations
- Medical staff and credentialing matters
- Medicare/Medicaid audit services
- Stark and Anti-Kickback compliance
- Defense of claims against healthcare professionals
Real Estate Services
- Ownership, leasing, and management of real estate, including drafting leases with hospitals and other medical providers
- Acquisition, development, management, and disposition of real estate
- Land use, zoning, and permitting for new or existing practice locations
- Real estate finance
- Stark and Anti-Kickback compliance
- Regulatory appeals and audits
- Government affairs and regulatory advice
- Represented physicians, dentists and other healthcare professionals in investigations and licensure hearings before the various Professional Licensing Boards, including the Virginia Boards of Medicine and Dentistry. Have successfully defended many practitioners in both Informal and Formal Hearings.
- Coordinated wind-down of practice for retiring licensed professionals.
- Defended providers in human rights investigations and appeals.
- Challenged provider covenants not to compete, wrongful termination claims, and discrimination claims based on Title VII, Title IX, ADA, ADEA, and FMLA.
- Represented practitioners in Fair Hearings.
- Provided regulatory guidance for joint ventures between physician practice groups and hospitals.
- Provided a variety of operational and compliance guidance to physicians and dentists, their practices and other healthcare providers in a variety of areas.
- Healthcare Risk Management, 02.12.2019
- OSHA Pursues Healthcare Providers for Failing to Protect Employees from Workplace Violence, AHLA Hospitals and Health Systems Practice Group E-Mail Alert09.22.2016
- Connecting with Companies: A Guide to Biomedical Consulting Agreements (2nd edition, 2014), Co-author01.01.2014