Obtained a favorable decision from the IRS on behalf of a nonprofit, public sector managed care company involving an innovative legal approach to acquiring tax exempt status.
Health Care Industry
Empowering health care providers with a comprehensive array of legal strategies to deliver high-quality, effective care.
The vitality and efficiency of health care has become a major factor in the prosperity of our local, regional and national economy. Providing excellent medical care is not only a complex enterprise, but also an issue of stewardship of their community’s precious health care resources.
In the midst of this growing and complex industry, Bricker & Eckler stands ready to meet the needs of our diverse health care clients. Providing legal services for more than two-thirds of the hospitals in Ohio and representing clients in 35 additional states, we have the largest health care practice in the state and one of the largest in the country. Additionally, many of our attorneys practicing in other areas, such as taxation, employment and labor, insurance, and litigation, spend a substantial amount of time representing health care clients on issues pertaining to their specialization.
But the size of our practice doesn’t tell the whole story. Our attorneys recognize the importance of personalized strategies, whether working with large health systems, community-based hospitals, associations or service providers. We strive to understand the varied needs of organizations with differing internal resources, experiences and challenges. Simply put, our sophisticated grasp of the health care industry’s business, regulatory and policy issues gives our clients the confidence they need to address all facets of today’s evolving health care environment.
Types of clients we represent:
- Assisted living providers
- Health care associations
- Health information exchanges
- Health care provider networks
- Health care providers
- Health care systems
- Home health agencies
- Long-term care facilities
- Managed care organizations
- Multi-hospital groups
- Nonprofit entities
Related Industries & Practices
Legal and regulatory challenges are a reality for all health care providers today. 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 policy, regulatory and business issues they face. We have significant experience in all aspects of health care law, including certification, accreditation and licensure, fraud and abuse matters, HIPAA compliance, employment issues, Medicare and Medicaid, false claims and more. Visit our Health Care Law practice.
Employees are the lifeblood of a thriving health care facility. In order to maintain a happy and healthy work environment, health care employers must try to minimize employment-related issues and be prepared to handle problems that do arise. From providing guidance on compensation to assisting with union negotiations, our Employment & Labor attorneys collaborate with our Health Care Law team to build proactive plans and creative solutions. 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.
To keep up with an aging population and population growth, many health care facilities are constantly engaged in renovation and building projects – many of which are state-of-the-art. Bricker’s highly regarded Construction Law attorneys have represented a number of public and private health care facilities on all aspects of their construction projects from the preparation of contract documents through litigation, when necessary. Our experience includes multiple prime contractor, general contractor, construction manager at-risk and design/build delivery models. Visit our Construction Law practice.
The attorneys in our Government Relations group frequently help health care clients realize their missions by advocating legal changes on their behalf. We constantly monitor legislative activity for issues impacting health care and help our clients take advantage of legislative and regulatory opportunities. Visit our Government Relations practice.
In an era of data breach, identification theft and cyber threats, having a well-developed cybersecurity strategy is a must-have for any business – especially those in the health care industry. Our intimate knowledge of this evolving area of law allows us to provide practical and cost-effective advice to clients who want to minimize cyber risk. Visit our Cybersecurity practice.
Intellectual property and related technology resources can be a valuable asset to health care providers and an important strategic tool in the marketplace. Our team’s technical background, broad legal and business knowledge and deep experience in evaluating, protecting, enforcing and licensing intellectual property help to safeguard companies while they build a portfolio of intangible resources. Visit our Intellectual Property practice.
Health care providers must actively seek to both preserve and expand their facilities and manage the development of surrounding areas. Simultaneously, hospitals and health care providers are under tremendous pressure to modernize and update their facilities. At Bricker & Eckler, we understand these conflicting pressures, and our team of real estate specialists assists our clients to obtain bank financing and construction loans, acquire real estate, zoning variances and conservation easements, and handle eminent domain and appropriation actions. Visit our Real Estate practice.
A hospital or health care system’s success may depend on its ability to obtain funding for capital projects while maintaining financial stewardship of its resources. Bricker attorneys explore all the legal possibilities, giving health care leaders viable options for their facility’s development. Over the years, we have served as bond counsel in numerous health care financings, including tax-exempt bond financings, taxable financings for private-use facilities, post-issuance compliance, bank financing and construction loans. Visit our Public Finance practice.
Represented a hospital in a case where a terminated employee accused the hospital of violating the Family Medical Leave Act (FMLA). We defended the hospital's leave of absence policy and its right to expect employees to comply or be terminated. Our client secured a favorable settlement in mediation three weeks before trial.
Represented a Cayman Island segregated portfolio insurance company that insures providers against professional liability and its shareholders in connection with the sale of shares to a significant Michigan-based health care company. There were numerous financial, regulatory and international law issues associated with the transaction.
Represented a large non-profit health care company as a secured creditor in a Delaware-based Chapter 11 case. This matter involved assumption and assignment of executory contracts, cure and setoff issues.
Represented a large hospital system in successfully dealing with an FTC investigation of an acquisition of a physician specialty practice group.
Represented a trade association in resolving an FTC investigation into alleged restrictive association requirements.
Retained to file an amicus curiae brief on behalf of three organizations in support of the constitutionality of Ohio's noneconomic damage caps applicable to medical negligence cases.
Successfully defended nursing home in a lawsuit filed by a pharmaceutical supplier based on the defense that the price charged was excessive and not related to maximum allowable cost (MAC) or average wholesale price (AWP) for brand name and generic drugs.
Successfully defended hospital against a $4.5 million claim brought by a nursing home seeking to recover lost future profits arising out of failed transfer of Long Term Care Hospital (LTCH) beds from the nursing home to the hospital due to a moratorium imposed by the Center of Medicare & Medicaid Services.
Assisted with drafting and negotiating design-build contract for a private hospital. Project value exceeded $320 million.
Advised a public hospital regarding the evaluation of bids.
Obtained a complete defense verdict for a hospital system, resolving a complicated multi-party seven-year dispute.
Represented a hospital system in multiple arbitration proceedings in a dispute with national payor relative to the implementation of sequestration cuts imposed following passage of the budget deficit reduction act.
Represented a health care provider in a dispute with a national payor relative to medical necessity claims denials.
Was lead outside counsel for a health care technology startup and assisted in raising over $20 million.
Prepared an amicus brief on behalf of the American Hospital Association in support of the U.S. Department of Health and Human Services (HHS) interpretive rule providing guidance on the scope of the exclusion of orphan drugs from 340B discounts.
Assisted in the development of a state-wide database for health care information reports, including the creation of policies and agreements and compliance with regulatory requirements (including HIPAA). Also worked to revise protocols for state-to-state relationships, the sharing of data and related data sharing agreements.
Assisted a large health system with the system-wide implementation of an electronic health records (EHR) system, ensuring legal and regulatory compliance, HIPAA security and continuity of patient care.
Represented a county hospital that became affiliated with a large health care system, obtaining all regulatory approvals, overseeing self-disclosure of potential Stark issues and assisting with the payoff of outstanding bonds.
Provided ongoing antitrust advice in connection with the formation of a statewide network of six regional health care systems, which is one of the larger health care joint ventures in the country.
Advised a public hospital regarding its response to a series of requests for a large number of public records.
Served as lead counsel to an Ohio-based health network in developing a unique physician-led management services organization (MSO) providing day-to-day operation and management of multiple breast health centers. This unique MSO also developed a clinically integrated incentive strategy within the network of primary care and OB-GYN physicians to implement a physician-designed evidence-based patient protocol to enhance breast health, early detection and prevention in the health network's market area.
Prepared template architect/engineer, construction manager, contractor and other consultant agreements for both public and private hospitals to be used for different project delivery methods and with projects of varying sizes and scope.
Assisted with transitioning all assets of a not-for-profit developmental disability service provider to another not-for-profit developmental disability service provider, forming one of the largest developmental disabilities service providers in Ohio in terms of revenue and consumers served.
Represented a health care client in competing lawsuits between a two health care systems, with each of the health systems pursuing the other in Ohio and West Virginia. The dispute involved allegations that one of the systems had conspired with West Virginia hospitals to open long-term acute care hospitals (LTACH) in violation of an agreement that it was only to operate an LTACH facility on the other health system's medical campus.
Over two decades of experience defending hospitals, nurses, physicians, and other medical providers against medical negligence and wrongful death claims in various Ohio courtrooms.
Testified before the Ohio House and Senate on multiple occasions in support of legislative changes that would benefit the medical community.
Successfully defended hospital in lawsuit brought by debtor patients for alleged unlawful collection of debts discharged in bankruptcy.
Counselled public hospital client through the negotiation of an architect agreement.
Assisted hospitals with responding to meaningful use audits by the Centers for Medicare & Medicaid Services (CMS) on its electronic health record incentive payments, which required analyzing compliance with regulatory requirements for receiving such payments.
Represented a nonprofit community hospital in becoming affiliated with a large hospital system, obtaining all regulatory approvals.
Successfully defended, through appeal to the United States Court of Appeals for the Sixth Circuit, a qui tam action brought under the False Claims Act on behalf of a hospital system who was alleged to have violated the Health Information Technology for Economic and Clinical Health (HITECH) Act by improperly certifying its compliance with the HITECH Act in exchange for receiving meaningful use payments.
Assisted an independent, government-owned community hospital in its pursuit of a unique and strategic partnership to keep it viable and positioned to survive the pressures of a reforming health care delivery system. This process involved soliciting and evaluating proposals from potential strategic partners, engaging with consultants, advising on legal issues related to the hospital's government ownership, and, ultimately, preparing and negotiating the strategic affiliation agreement.
Successfully defended a hospital and its employees in a jury trial case where a patient's estate claimed that the patient had received deficient care and had been discharged from the hospital prematurely. The patient's estate claimed that the patient died from a massive internal bleed that additional hospitalization would have prevented. Following a week and a half trial, the jury returned a defense verdict.
Worked with an operator of long-term acute care hospitals to resolve a dispute with an insurance carrier regarding Medicare and Medicaid plan payments. We identified the source of payment discrepancies, corrected prior incorrect billings and put appropriate measures in place to prevent future occurrences.
Represent large teaching hospitals and other non-teaching hospitals on Medicare reimbursement matters and cost report appeals, which include appeals of administrative agency decisions and various court appearances.
Negotiated a settlement of Medicare reimbursement underpayments with the federal government on behalf of two large health systems.
Defended hospital in lawsuit brought by physician group seeking to recover $8 million in lost future profits due to alleged interference with physician group's business relationship with referring physicians and patients.
Provided guidance to a health care client related to operating their PACs, hosting candidate events and corporate participation in the national convention, ballot issue activity or independent election activity.
Prepared and filed the application for licensure in Ohio, obtaining approval of the application. Coordinating with counsel from other states, we also advised the client on a number of strategic issues.
Acted as borrower's counsel for a municipal hospital in the issuance of $35 million in revenue bonds.
Represented governmental hospital and acted as borrower's counsel in $25 million hospital revenue bond financing, successfully negotiating a unique provision that permitted the hospital to convert to private nonprofit status in the future without having to obtain the consent of the bondholders.
Served as lead counsel in the acquisition of a nonprofit health system by a health corporation, negotiating the transaction, drafting all corporate documents, conducting due diligence review and completing all regulatory filings.
Drafted a unique school district-hospital agreement to provide educational opportunities to high school students.
Served as counsel to the Ohio Health Information Partnership and assisted with all aspects of its operation of a health information exchange (CliniSync).
Obtained a defense verdict for a hospital in a lawsuit alleging invasion of privacy and violation of the Health Insurance Portability and Accountability Act (HIPAA) for alleged unlawful disclosure of personal health information.
Represented a large hospital in an ERISA case against the plan, employer and third-party administrator in pursuing benefits for patient treatment.
Represented a pharmaceutical developer in a private arbitration, securing an award of over $1 million, including attorney fees, against a global pharmaceutical manufacturer.
Defended hospital in lawsuit brought by physician group seeking to enjoin hospital from terminating physician group’s exclusive service agreement with hospital.
Trial Counsel for local county boards serving persons with developmental disabilities in defense of an action brought by private providers seeking to eliminate service contracts between county boards and private providers as mandated by state and federal Medicaid law.
Served as trial counsel to county boards and individual taxpayers to enjoin Ohio Department of Job and Family Services administrative rules that set Medicaid reimbursement rates in excess of the provider's usual and customary rate.
Coordinated and led twenty-six separate litigation matters challenging statewide initiative petitions concerning the public purchase of pharmaceuticals.
Successfully argued before the Ohio Supreme Court, establishing that hospitals cannot be primarily responsible for independent providers.
Advised hospitals on potential False Claims Act exposure; also represented the Ohio Hospital Association and the American Hospital Association in successfully challenging the government's use of the False Claims Act in Ohio's laboratory unbundling litigation.
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.
2016 False Claims Act cases result in over $4.7 billion in recovery for Department of Justice
Assessing the impact of the election on health care reform
The HIPAA Compliance and Audit 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.
This comprehensive HIPAA resource helps to interpret privacy and security regulations in one convenient location and an easy to review format. Information is updated periodically with amendments to the regulations, as well as new guidance issued by HHS, as they become available.
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.