Industries & Practices

Health Care Law

With one of the largest health care practices in Ohio and the nation, we address the wide range of critical legal needs facing today’s health care systems and providers.

Overview

Legal and regulatory challenges are a reality for today’s health care providers. With the aging population and rising costs, the industry is in the midst of a critical turning point, and compliance and efficiency are more important than ever before.

Our firm recognizes the importance of a thriving health care industry. For over 60 years, we have maintained a broad and varied health care law practice, now one of the largest health care practices in the state as well as the nation. Our longstanding, established practice reflects our dedication to serving hospitals and health systems as a partner, not just legal counsel.

As a group and as individuals, our health care attorneys are highly regarded by clients and peers. They are known for their knowledge of our clients’ businesses and the unique and complex policy, regulatory and business issues they face. Our diverse team has firsthand regulatory, compliance and clinical experience in the health care industry and includes several members who have served as in-house counsel, practice managers and practitioners in health care environments.

Recent rankings and recognitions include:

  • "Modern Healthcare" magazine has cited Bricker & Eckler as one of the 35 largest health care practices 2010-2014
  • Bricker & Eckler Health Care group ranked as Band-1 Ohio by Chambers USA 2011-2014
  • 11 health care attorneys listed in Best Lawyers in America in 2015
  • 10 health care attorneys listed in Ohio Super Lawyers in 2015

Bricker & Eckler has significant experience in all aspects of health care law, including:

  • Clinically integrated organizations and accountable care organizations
  • Physician-hospital alignment and integration
  • Stark, Anti-Kickback, and fraud and abuse
  • Health information technology, electronic health records and health information exchange
  • HIPAA and health information privacy and security
  • Managed care and insurance
  • Health care antitrust
  • Survey and certification, provider enrollment, accreditation and licensure
  • Employment and labor
  • Corporate governance
  • Mergers, acquisitions, joint ventures and physician practice acquisitions
  • Medicare, Medicaid and reimbursement
  • Medical staff organization, credentialing and peer review
  • Tax and tax-exemption

Related Industries & Practices

Areas of Focus

Hospitals, health care facilities and individual providers must comply with state, federal and other certification, accreditation and licensure requirements. Because these rules are varied, complex and continuously evolving, our attorneys navigate the requirements, inform facilities and practitioners of their continuing obligations and help them think strategically and operationally about their certification, accreditation and licensure challenges. We also assist organizations undergoing surveys, helping them navigate the survey process, respond to notices of deficiencies and develop plans of correction.  For more information, please visit our Certification, Accreditation & Licensure page.

A number of our attorneys' practices focus on fraud and abuse laws, specifically the Stark Law, the Anti-Kickback Statute, the Civil Monetary Penalties Law, the Overpayment Statute, the False Claims Act and qui tam actions. We are skilled at structuring arrangements and transactions to comply with these laws and reviewing proposed transactions and arrangements to identify possible problem areas. We stand by our clients in responding to and defending against audits, investigations and qui tam actions, and we assist with voluntary disclosures, advising our clients once they become aware of a potential violation.  For more information, please visit our Compliance, Fraud & Abuse page.

To remain competitive in the dynamic world of health care delivery, health care providers must grow their facilities, enhance their service lines, change strategic direction, or expand into new delivery systems through joint ventures, mergers, practice and facility acquisitions and divestitures, corporate reorganizations, partnerships and  other integration-oriented transactions. Whether engaging in a single transaction or a long-term strategic plan with many related transactions, our firm helps health care businesses position themselves for success.  In an ever-evolving healthcare marketplace we craft a thoughtful and creative approach to addressing the complex array of health care rules and regulations that inevitably arise in connection with these transactions. For more information, please visit our Health Care Transactions page.

In an era of data breach headlines and increased enforcement, it takes more than a set of policies to protect sensitive patient medical information. An ongoing risk assessment and well-developed strategy for privacy and security is a must-have for any health care entity. Implementing and maintaining electronic health record systems and managing a health information exchange are critical functions for today’s health care providers, with costly consequences for noncompliance. We are a nationwide leader in comprehensive legal services related to HIPAA and the privacy and security of patient information and have even established renowned online programs to help our clients enhance compliance. We work with health care entities to assist with electronic health record issues, including meeting meaningful use requirements and responding to meaningful use audits.  Our attorneys are known nationwide for working closely with industry pioneers in the rapidly evolving field of health information exchanges. For more information, please visit our HIPAA & Health Information Technology page.

Employees are the lifeblood of a thriving health care facility. To maintain a happy and productive work environment, health care employers seek to minimize employment-related issues and prepare to quickly address any problems that do arise. From providing guidance on employment policies and benefits to defending employers in legal actions, we blend employment knowledge with health care experience to give proactive legal advice and build creative solutions for our health care employers. For more information, please visit our Health Care Employment & Labor page.

Our health care litigation team is uniquely qualified to handle medical negligence and wrongful death claims for hospitals, physicians and other medical providers. Not only do the attorneys at Bricker & Eckler have extensive experience defending medical claims in the courtroom, whether they are conducting a jury trial, arguing to various appellate courts or arguing before the Ohio Supreme Court, but they also have immediate access to the substantive experience of the Health Care group. We are able to provide among the most comprehensive representation of hospitals and medical providers available anywhere in Ohio. For more information, please visit our Health Care Litigation page.

The hospital-physician relationship is multifaceted and important to the future of patient care. As health care systems grow, so do their relationships with physicians, raising a number of legal issues related to independent physicians, employed physicians and medical staffs.  Often collaborating with our employment attorneys, we work with health systems to plan for and address these legal issues, including medical staff and advanced practice provider governing documents; medical staff integration; sharing protected information; credentialing; quality assessment, performance improvement and peer review processes in both the hospital and employment setting; and recruiting and contracting. For more information, please visit our Physician & Medical Staff Issues page.

Often, a significant portion of a provider’s revenue depends on Medicare and Medicaid reimbursements. Working with the Centers for Medicare & Medicaid Services (CMS) to manage claims and comply with their ever-changing requirements can be a complex process that drains time and resources. We continuously monitor CMS communications and other developments and collaborate with our health care clients to notify them of the latest statutes, rules and regulations – and their implications – for the clients’ continued success. When necessary, our attorneys help our clients prevent and solve any compliance issues or reimbursement disputes. For more information, please visit our Medicare, Medicaid & Managed Care page.

Because health care is one of the most regulated industries in the U.S., health care providers must tirelessly navigate the patchwork of state and federal regulations that governs nearly all aspects of their operations. From insurance reimbursement to the administration of medications to referrals, our attorneys work with administrators to ensure their facilities and their staffs avoid the traps of noncompliance in both day-to-day operations and long-term strategies. With our familiarity and ongoing analysis of current health care laws and regulations, we regularly assist hospitals and health care facilities in overcoming regulatory challenges and advocating policy changes to further their goals.  For more information, please visit our Health Care Regulatory page.

Experience

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Insights & Resources
Resource Centers

The HIPAA Resource Center provides links to the statutes, regulations and various other HIPAA related resources, as well as our subscription HIPAA Privacy and Security Compliance and Audit Program. For more information, please visit our HIPAA Resource Center.

This resource center sets forth the statutes, regulations and other documentation regarding Medicare and Medicaid fraud and abuse. Information includes the Stark anti-referral requirements and general anti-kickback information. For more information, please visit our Medicare/Medicaid Fraud & Abuse Resource Center.

Upcoming Events
SEP
15
Webinars

When: Tuesday, September 15, 2015 at 1:00 PM to 2:00 PM

Where: Webinar

Who: Shannon K. DeBra, Beatrice M. Nokuri


People
Catherine M. Ballard Catherine M. Ballard Partner
Catherine M. Ballard Partner
Columbus
614.227.8806
cballard@bricker.com
Chris Bennington Chris Bennington Partner
Chris Bennington Partner
Cincinnati-Dayton
513.870.6572
cbennington@bricker.com
Michael L. Corey Michael L. Corey Associate
Michael L. Corey Associate
Columbus
614.227.4867
mcorey@bricker.com
Shannon K. DeBra Shannon K. DeBra Of Counsel
Shannon K. DeBra Of Counsel
Cincinnati-Dayton
513.870.6685
sdebra@bricker.com
James F. Flynn James F. Flynn Partner
James F. Flynn Partner
Columbus
614.227.8855
jflynn@bricker.com
Joshua M. Gilbert Joshua M. Gilbert Associate
Joshua M. Gilbert Associate
Columbus
614.227.7736
jgilbert@bricker.com
Michael K. Gire Michael K. Gire Partner
Michael K. Gire Partner
Columbus
614.227.2318
mgire@bricker.com
Kevin M. Hilvert Kevin M. Hilvert Partner
Kevin M. Hilvert Partner
Columbus
614.227.2398
khilvert@bricker.com
David M. Johnston David M. Johnston Partner
David M. Johnston Partner
Columbus
614.227.8817
djohnston@bricker.com
Christine Kenney Christine Kenney Director of Regulatory Services, QMCG
Christine Kenney Director of Regulatory Services, QMCG
Columbus
614.227.4865
ckenney@bricker.com
Allen R. Killworth Allen R. Killworth Partner
Allen R. Killworth Partner
Columbus
614.227.2334
akillworth@bricker.com
Stephen R. Kleinman Stephen R. Kleinman Partner
Stephen R. Kleinman Partner
Columbus
614.227.2329
skleinman@bricker.com
M. Shannon Martin M. Shannon Martin Partner
M. Shannon Martin Partner
Cincinnati-Dayton
513.870.6692
smartin@bricker.com
Edward A. Matto Edward A. Matto Partner
Edward A. Matto Partner
Columbus
614.227.2340
ematto@bricker.com
Jeremy R. Morris Jeremy R. Morris Associate
Jeremy R. Morris Associate
Columbus
614.227.2370
jmorris@bricker.com
Jennifer Nelson Carney Jennifer Nelson Carney Partner
Jennifer Nelson Carney Partner
Columbus
614.227.4870
jnelsoncarney@bricker.com
Beatrice M. Nokuri Beatrice M. Nokuri Associate
Beatrice M. Nokuri Associate
Columbus
614.227.4886
bnokuri@bricker.com
Thomas J. Onusko Thomas J. Onusko Of Counsel
Thomas J. Onusko Of Counsel
Cleveland
216.523.5471
tonusko@bricker.com
Kimberly S. Parks Kimberly S. Parks Senior Attorney
Kimberly S. Parks Senior Attorney
Columbus
614.227.8801
kparks@bricker.com
Diane M. Signoracci Diane M. Signoracci Partner
Diane M. Signoracci Partner
Columbus
614.227.2333
dsignoracci@bricker.com
Karen D. Smith Karen D. Smith Partner
Karen D. Smith Partner
Columbus
614.227.2313
ksmith@bricker.com
David C. Spialter David C. Spialter Of Counsel
David C. Spialter Of Counsel
Columbus
614.227.2342
dspialter@bricker.com
Elisabeth A. Squeglia Elisabeth A. Squeglia Partner
Elisabeth A. Squeglia Partner
Columbus
614.227.2396
esqueglia@bricker.com
Claire Turcotte Claire Turcotte Partner
Claire Turcotte Partner
Cincinnati-Dayton
513.870.6573
cturcotte@bricker.com
Twitter

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Products


HIPAA Compliance and Audit Program

The HIPAA Audit and Compliance Program is a comprehensive on-line program for complying with the HIPAA privacy, security and breach regulations, including the provisions of the HITECH Act and the Omnibus Rules issued in January, 2013.

Provider-Based Compliance Program

The Quality Management Consulting Group (QMCG), in conjunction with Bricker & Eckler, has developed this program to help hospitals identify all areas of provider-based compliance and to give you the tools you need to be and remain in compliance. Through this resource, you are able to put together an attestation to submit to CMS if desired.