Industries & Practices
Health Care Law
We address the critical legal needs facing today’s health care organizations.
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.
"Bricker & Eckler is a first-class law firm in a number of areas. We use their Health Care group almost exclusively. I always highly recommend them to my peers."
"I value the expertise, timeliness of response and quality of answers. We are very fortunate to get all of these on a regular basis with Bricker & Eckler."
"Bricker is an exceptional firm and provides not only high-level legal advice that we can count on but does so in a way that is practical, pragmatic and helpful."
Areas of Focus
Certification, Accreditation, Enrollment & Licensure
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.More
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.More
Compliance, Fraud & Abuse
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.More
Health Care Employment & Labor
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.More
Health Care Litigation
Our knowledgeable team of health care litigators draws upon its diverse experience to guide clients and help them avoid unnecessary litigation, minimize risk when litigation is inevitable and preserve relationships. Our attorneys focus on outcomes that produce effective, favorable resolutions and prevent prolonged, costly lawsuits.
We handle cases as appellate counsel regardless of whether Bricker was involved as trial counsel. Our team also partners with trial counsel to identify appellate issues, draft briefs and prepare for oral argument. We are experienced in handling class action litigation and administrative appeals.
Our clients include hospitals, managed care organizations, insurers, provider groups and other health care organizations across the U.S. in complex commercial litigation matters.
Our team includes several construction attorneys with extensive trial experience who come from technical and engineering backgrounds to provide assistance in all aspects of health care construction.
Employment & Labor
We provide health care employers with strategic advice, a focused and aggressive defense, and practical solutions to quickly achieve the best possible outcome. Our employment litigators regularly appear in state and federal courts, arbitrations and mediations, and before administrative agencies and other tribunals.
False Claims Act Defense
We represent clients at the state and federal level in a variety of Medicare and Medicaid fraud and abuse cases. In addition, our False Claims Act team works with health care organizations to conduct compliance audits and internal investigations designed to reduce the likelihood of a violation.
Medical Negligence Defense
With over eight decades of combined experience in complex medical negligence litigation, our team is uniquely qualified to represent hospitals, nurses, physicians and other health care providers in the courtroom and through mediation. We readily defend medical negligence, wrongful death and birth trauma claims.
We know what to look for when investigating a workers’ compensation claim, how to stop it in its tracks and how to manage allowed claims so health care employees can return to work. In addition, we play a leading role in drafting and lobbying for workers’ compensation reform.More
Health Care Regulatory
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.More
Health Care Transactions
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.More
HIPAA & Health Information Technology
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.More
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.More
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).More
Medicare, Medicaid & Managed Care
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.More
Provider & Medical Staff Issues
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.More
CMS and OIG propose three new value-based care exceptions to remove value-based payment barriersMore
CMS and OIG propose changes to existing rules for donations of electronic health records and new rules for donations of cybersecurity technology and servicesMore
The HIPAA Regulations Section-By-Section
This HIPAA resource helps users interpret the privacy, security and breach 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.More
Proposed Changes to the Stark Law and Anti-Kickback Statute Regulations
On October 9, 2019, the Centers for Medicare and Medicaid Services and the Department of Health and Human Services Office of Inspector General issued long-awaited proposed changes “to modernize and clarify the regulations that interpret” the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute.More
Long-term care certificate of occupancy issue
On behalf of a large long-term care client, kept a large transaction on schedule, solving a complex certificate of occupancy issue for an older nursing home facility.More
Acquisition of rural hospital
Arranged and negotiated a health system’s acquisition of a minority interest in a rural hospital.More
Negotiated and closed dozens of physician employment and practice acquisition transactions on behalf of hospital clients.More
Stark Law violation defense
Successfully overturned a $10 million overpayment determination in favor of a physician-owned specialty hospital over alleged violations of the Stark Law.More
Lead counsel to physician compensation committee
Currently serve as lead counsel to the physician compensation committee of a large health system that employs over 750 physicians.More
Health system joint venture
Structured and negotiated a health system’s joint venture arrangement with a national, for-profit oncology services provider involving the health system’s entire oncology service line a...More
Arranged an affiliation between a large, hospital-owned physician group and the faculty practice plan of a state-owned college of medicineMore
Health system reorganization
Represented a large, multi-hospital health system in connection with a complete corporate reorganization of the system from a joint operating agreement model to a fully-horizontally integrated mode...More
Testimony before the Ohio House Health Committee
Gave testimony before the Ohio House of Representatives Health Committee on behalf of a state-level&nb...More