Industries & Practices
Health Care Industry
Union-related risk for hospital acquisition
Managed employment law aspects of merger effort between a major health system and eastern Ohio hospital system with several unions. Counseled the health system on the risks of proceeding with the acquisition and on options for complying with the existing labor contracts. The hospital was able to successfully merge and close an inpatient unit that was unprofitable for the health system without union intervention.
Sexual harassment termination and subsequent claims
Represented a regional health system in a harassment lawsuit following the termination of an employee related to her affair with a coworker. She had claimed that ten other influential employees were engaged in consensual affairs with coworkers. We successfully negotiated a settlement on behalf of the health system and avoided depositions and cross-examinations of other employees in court.
Health system crisis protocol
Advised a regional health system’s vice president of human relations regarding the investigation, suspension and ultimate termination of a nurse who allegedly made off-duty threats to an on-duty coworker, including threats of violence involving a firearm. Assisted in revising the health system’s weapons-free policy and crisis protocol for emergency situations.
Hospital executive compensation and severance
Advised a nationally recognized hospital on the negotiation of the departure of multiple members of senior leadership. Drafted employment and separation agreements and negotiated severance amounts. Also advised hospital general counsel on public relations aspects of managing the departures.
Financing and conversion of public hospital to nonprofit business
Assisted Adams County Regional Medical Center in its conversion from a county-owned hospital to a private health care provider. The transaction required obtaining bond financing for the acquisition and conversion of the hospital facilities, real property and assets, and resulted in the continuation of local care for Adams County residents.
Conversion of public hospital and affiliation with large health care system
Advised a government-owned hospital and worked with elected officials to convert a public hospital into a nonprofit business and large health care system affiliate. The transaction involved unique and negotiated features necessary to satisfy elected officials’ priorities, the community’s needs for local health care access, and the opportunities and efficiencies available through affiliation with a sophisticated tertiary care system.
Health system GDPR compliance
Analyzed the applicability of the European Union’s General Data Protection Regulation (GDPR) to a health system’s research operations. Developed a GDPR-compliant standard operating procedure for the health system’s division that was determined to be a GDPR data processor.
Price transparency law victory
Earned a substantial victory on behalf of multiple health care clients and a statewide association of hospitals after the court rendered a decision declaring a price transparency law unconstitutional. This final victory came over three years after the court granted a temporary restraining order against the enforcement of the law, allowing our clients to litigate its merit.
Appeals of RAC denials
Guided multiple hospitals and health systems through the Medicare appeals process for Recovery Audit Contractor (RAC) claim denials and overpayment determinations. This matter involved preparing hospitals for RAC audits and managed appeals involving a wide array of billing issues through the Administrative Law Judge hearing process and Medicare Appeals Council (MAC), when necessary.
$1.3 billion health system construction projects
Advise and assist Indiana's largest private, not-for-profit health system with three projects that are among the largest construction projects the system has ever undertaken, with total costs expected to exceed $1.3 billion over several years. The first project involves construction of a new campus location in the downtown area. The second project involves a new facility on a university campus. The third project involves renovating 150,000 square feet of the vacated children’s hospital to create a maternity hospital. Bricker’s role is to provide the legal services specific to the construction of health care facilities, while Indiana co-counsel is expected to provide more general construction advice.
Innovative tax exemption strategy
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.
Defense of a hospital's leave of absence policy
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.