Industries & Practices

Health Care Law

We address the critical legal needs facing today’s health care organizations.

Overview

For more than 40 years, our health care attorneys have partnered with providers and health plans to understand and address their unique and complex policy, regulatory and business issues. Our diverse team has firsthand regulatory, compliance and clinical experience, and many of our attorneys have served as in-house counsel or clinical practitioners. Clients across a broad spectrum of health care organizations trust that we provide sound, practical advice based on an understanding of their business and an in-depth knowledge of the latest developments in the health care industry.

Related Industries & Practices

Areas of Focus

Our attorneys address certification, accreditation and licensure challenges for hospitals, health care facilities, and individual providers. We also help organizations navigate the survey process, respond to notices of deficiencies and develop plans of correction. 

Our firm works with many health care providers that participate in industry-sponsored clinical research trials or sponsor their own trials. We advise them on a variety of operational, HIPAA privacy, compliance and legal topics related to the research in which they engage.

Our attorneys work extensively with the fraud and abuse laws, to include 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 assist with voluntary disclosures.

From providing guidance on employment policies and benefits to defending employers in legal actions, we blend employment knowledge with health care experience to proactively and creatively advise health care employers.

Our health care litigators handle medical negligence, wrongful death and other claims for hospitals, physicians and medical providers. We readily defend medical, business and employment disputes in the courtroom, whether they are conducting a jury trial, arguing to various appellate courts or going before the Ohio Supreme Court.  

Our attorneys work with administrators to ensure their facilities, their operations and their staffs avoid noncompliance. With our familiarity and ongoing analysis of current health care laws and regulations, we regularly assist hospitals and other health care facilities in overcoming regulatory challenges and advocating policy changes.

We regularly advise clients on 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 attorneys help health care organizations position themselves for success. 

We are a nationwide leader in comprehensive legal services related to HIPAA and the privacy and security of patient information. We work with health care organizations to resolve electronic health record issues, including meeting meaningful use requirements and responding to meaningful use audits. Additionally, our attorneys are on the forefront of the rapidly evolving field of health information exchanges. 

Our firm is a leading provider of legal services to hospices and home health agencies. Specifically, we advise on regulatory matters, reimbursement, contracts, corporate structuring, transactions, fraud and abuse issues, arrangements with other providers, HIPAA and HITECH issues, audits and compliance plans. 

We are a leading provider of legal services to long-term care providers, including skilled nursing facilities, nursing facilities and assisted living facilities. Specifically, we advise on regulatory matters (including CON, licensure, certification, sales and acquisitions, bed values, franchise permit fee and space requirements), reimbursement (including the evaluation of potential overpayments and reporting and refunding overpayments in compliance with the 60-Day Rule), contracts, resident agreements, corporate structuring, transactions, fraud and abuse, arrangements with other providers (including referral sources), HIPAA and HITECH privacy and security, surveys, audits and compliance programs (including policies and procedures, training and investigation of possible noncompliance).  

We continuously monitor Centers for Medicare & Medicaid Services (CMS) communications and other developments and collaborate with our health care clients to understand and achieve full compliance with the latest statutes, rules and regulations. When necessary, our attorneys help our clients prevent and solve any compliance issues or reimbursement disputes. 

In collaboration with our employment attorneys, we work with hospitals and health systems to plan for and address legal issues involving medical staff and advanced practice provider governing documents; medical staff integration; sharing protected information; credentialing; quality assessment, performance improvement and peer review processes; and recruiting and contracting. 

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.

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
Dayton
937.610.4811
cbennington@bricker.com
Karen L. Clouse Karen L. Clouse Of Counsel
Karen L. Clouse Of Counsel
Columbus
614.227.2317
kclouse@bricker.com
Shannon K. DeBra Shannon K. DeBra Of Counsel
Shannon K. DeBra Of Counsel
Cincinnati
513.870.6685
sdebra@bricker.com
Catherine T. Dunlay Catherine T. Dunlay Partner
Catherine T. Dunlay Partner
Cincinnati
513.870.6563
cdunlay@bricker.com
James F. Flynn James F. Flynn Managing Partner
James F. Flynn Managing 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
Addison Hutcheson Addison Hutcheson Associate
Addison Hutcheson Associate
Columbus
614.227.6064
ahutcheson@bricker.com
David M. Johnston David M. Johnston Partner
David M. Johnston Partner
Columbus
614.227.8817
djohnston@bricker.com
Elizabeth A. Kastner Elizabeth A. Kastner Partner
Elizabeth A. Kastner Partner
Columbus
614.227.8852
ekastner@bricker.com
Lisa M. Kathumbi Lisa M. Kathumbi Partner
Lisa M. Kathumbi Partner
Columbus
614.227.8811
lkathumbi@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
Dayton
937.224.1841
smartin@bricker.com
Megan H. McCarthy Megan H. McCarthy Staff Attorney
Megan H. McCarthy Staff Attorney
Columbus
614.227.4830
mmccarthy@bricker.com
Jeremy R. Morris Jeremy R. Morris Partner
Jeremy R. Morris Partner
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
Kimberly S. Parks Kimberly S. Parks Senior Attorney
Kimberly S. Parks Senior Attorney
Columbus
614.227.8801
kparks@bricker.com
Leonard Schoponhove Leonard Schoponhove Associate
Leonard Schoponhove Associate
Columbus
614.227.7737
lschoponhove@bricker.com
Avery Schumacher Avery Schumacher Associate
Avery Schumacher Associate
Columbus
614.227.2309
aschumacher@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 Of Counsel
Karen D. Smith Of Counsel
Columbus
614.227.2313
ksmith@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
513.870.6573
cturcotte@bricker.com
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Products
HIPAA Compliance and Audit Program

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.

HIPAA Regulations Section-by-Section

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.