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.
"The healthcare law division of Bricker & Eckler provides a high quality, reliable and comprehensive service. The healthcare attorneys go above and beyond to anticipate the needs of their clients in a fast-paced, ever changing 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."
"No firm is better at helping in house hospital attorneys with the extremely complicated issues that arise on a day to day basis than Bricker & Eckler."
Health system OCR investigation
Assisted health system to respond to OCR investigation, which investigation followed a breach of unsecured patient information. Investigation concluded without ORC finding any violations of the HIP...More
Credentials Verification Organizations (CVO) and M...
Represent health systems and hospitals for initial and recertification of National Committee for Quality Assurance (NCQA) credentialing and CVO certification. Develop and negotiate delegated creden...More
Peer review and medical staff hearings
Develop peer review processes for medical staffs and practitioners granted clinical privileges with health systems and hospitals.
Graduate Medical Education (GME)
Work closely with teaching faculty and hospital leadership for academic medical centers and teaching hospitals with training programs accredited by the Accreditation Council for Graduate Medical Ed...More
Medical staff bylaws overhaul
Complete redraft of medical staff bylaws, rules and regulations, credentialing, peer review and fair hearing policies for a large health system with separate medical staffs.More
Medical staff bylaws and governance
Manage and develop medical staff bylaws and governing documents for health systems with unified and/or separate medical staffs to standardize processes and bylaws for credentialing, privileging, pe...More
Work closely with medical staff leadership for health system with separate medical staffs on credentialing, privileging, professionalism and effectiveness, quality and peer review matters for ...More
Health system and physician-owned hospital affilia...
Prepared several options for a health system and physician-owned surgical hospital to affiliate in a secondary market. Provided regulatory advice, including an analysis of potential Stark Law and A...More
Change of Ownership RAP appeal
Represented a home health agency in its appeal of post-Medicare Change of Ownership Request for Anticipated Payment suspension imposed by the Centers for Medicare and Medicaid Services. Successfull...More
Skilled nursing facility bed sale
Represented a health system in its sale of a skilled nursing facility to the management firm of the nursing facility. Formulated potential structures, drafted and negotiated various agreements, and...More
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
Health Information Technology & HIPAA
We are a nationwide leader in comprehensive legal services related to HIPAA and the privacy and security of health 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
Supreme Court unanimously sides with American Hospital Association, 340B hospitals over outpatient drug reimbursement rates; 340B hospitals estimated to potentially recoup billions of dollarsMore
Fifth Circuit, HHS Keep No Surprises Act dispute resolution provision in limbo; Delays expectedMore
CMS issues updated guidance for certified facilities on COVID-19 vaccine requirement as public health emergency continuesMore
Hold the press! Federal court issues national injunction blocking CMS vaccine mandate for health care workersMore
Ohio Court Tracker: The Impact of COVID-19
The goal of the "Ohio Court Tracker" is to pull all of that information into one place in order to allow attorneys, judges, court staff and the general public to quickly identify what courts in all 88 Ohio counties are doing in response to the COVID-19 pandemic.More