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Overview

The Hirschler healthcare team is comprised of a unique blend of healthcare personnel that includes attorneys who:

  • Are experienced in day-to-day hospital and health system operational and regulatory issues.
  • Combine their healthcare expertise with years of ADR/litigation experience in order to address a variety of physician/medical staff issues, credentialing, Fair Hearings, regulatory and related audit disputes and internal and governmental investigations.
  • Bring both healthcare and real estate experience together to assist hospitals/systems in their sales, acquisition, land use and leasing.

From an operational and regulatory perspective, Hirschler healthcare attorneys assist hospital/health system clients with various types of contractual (e.g., employment, insurance, bylaws, business associate) and regulatory compliance issues (e.g., HIPAA, OSHA, EMTALA, NPDB and DMAS audits). 

Healthcare team members combine their years of ADR/litigation experience with healthcare expertise in order to assist our hospital/health system clients with various physician/medical staff matters, including employment issues, credentialing, Fair Hearings and peer review.  In addition, these attorneys counsel and represent our clients in pursuit of DMAS and related audits and counsel our clients through the internal/governmental investigation process. 

Other team members combine healthcare experience and an understanding of the complex legal/regulatory issues affecting healthcare real estate transactions (e.g., STARK and anti-kickback) with the depth of the firm’s Chambers USA-ranked real estate practice in order to accomplish our hospital/systems’ sales, acquisitions and leasing goals.  At any given time, these Team members are involved in land use as well as purchase/sale and leasing transactions throughout Virginia and beyond. 

The team’s experience includes:

Operational and Regulatory Experience

  • HIPAA compliance, STARK and anti-kickback assessments, bylaws and NPDB reporting
  • Business Associate Agreements
  • OSHA risk management and assessment
  • Regulatory compliance (ADEA, ADA, ACA, FMLA, EMTALA)
  • Behavioral and disruptive physician agreements
  • Real estate and landlord-tenant issues

Physician and Medical Staff Issues, Audits, Investigations and Litigation

  • Fair Hearings/peer review and administrative proceedings pertaining to physician privileges/employment, credentialing, physician suspension and investigation, behavioral contracts, bylaw compliance, and NPDB reporting.
  • Medical staff advice
  • Hearing officer services, Fair Hearings
  • DMAS compliance audits and administrative hearings
  • Internal and governmental investigations
  • Enforcement of physician recruiting agreements and related leasing disputes
  • Vendor/supplier contract and managed care disputes
  • Mediator services for healthcare disputes

Purchase, Sale, Leasing and Land Use

  • Representation of hospitals/health systems who own, lease or manage real estate
  • Acquisition, development, management and disposition of real estate
  • Land use/zoning and related finance
  • Regulatory appeals/audits arising out of taxation issues

Hirschler healthcare attorneys are actively involved in the American Health Lawyers Association (AHLA).  Team members have contributed thought leadership to AHLA’s Health Systems Practice Group newsletter and presented at the organization’s Physicians and Hospitals Law Institute.  One Hirschler attorney also serves on the AHLA’s panel of neutrals as both a mediator and hearing officer.

Experience

Experience

  • Secured a favorable ruling from Virginia’s Tax Commissioner for health system client seeking tax exemption for business personal property in provider-based clinics.
  • Assisted health professional school with Title IV, Title IX, FERPA, and Clery Act requirements.
  • Guided medical staff and physicians in peer review investigations, hearings, and appeals.
  • Represented hospitals and their medical executive committees in Fair Hearings.
  • Have provided Hearing Officer services in proceedings around the country.
  • Represented hospitals and other healthcare providers in audits before DMAS. In one case, in particular, the audit methodology was challenged resulting in the withdrawal of a multimillion dollar assessment.
  • Advised hospital executive staff regarding physician credentialing, physician suspension and investigations, behavioral contracts for disruptive physicians, bylaw compliance, and NPDB reporting requirements
  • Provided regulatory guidance for joint ventures between hospitals and physician practice groups.
  • Enforced physician recruiting agreements and referring physician-hospital leases in compliance with Stark and the Anti-Kickback Statute.
  • Represented hospitals and related healthcare providers in compliance and related internal investigations

Perspectives

Publications

Professionals

Practice Contacts

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