Healthcare

healthcareMedical service providers regardless of their respective fields face myriads of legal issues on a daily basis. In some ways they are no different than any other business owner who must address issues common to all businesses like employee relations, securing health and property insurance, and addressing the need to continue to build a client base.

At the same time, however, healthcare providers address legal challenges that are unique to the practice of medicine. Stringent government regulation exists at both the state and federal level that controls not only the acquisition and maintenance of an individual license, but the accreditation of clinics, hospitals and other medical facilities. Federal laws govern not only Medicare and Medicaid programs, but regulate the conditions under which physicians and other healthcare professionals can own their own facilities and under what circumstances they can refer their own patients to facilities they own in whole or in part. While all businesses have to make decisions as to their insurance needs, health professionals face the escalating cost of professional liability insurance in a society where malpractice claims and regulatory complaints are very much a reality of doing business.

Most healthcare providers, whether individual doctors, hospitals, physical therapists, or chiropractors, devote a specific portion of their business to billing. However, with insurance payments shrinking for both in-network and out of network providers, simply billing is no longer enough. Aggressive collection and the ability to stay on top of changing insurance plans has become a necessity.

For further commentary and information on issues related to healthcare professionals, please visit the firm’s blog and search “The MD’s JD.”

How Weitz Morgan Can Help

The prospect of having to deal with all of the legal issues that confront the medical profession can be daunting. We provide the legal expertise to help healthcare professionals deal with the wide range of issues that confront them. And, in the process we address legal problems as interconnected aspects of a single business rather than disjointed problems that are dealt with on an ad hoc basis without considering how one legal problem may affect an other.

The need to grow one’s business demands consideration of issues like physician advertising because unlike non-professionals there are limits to what medical providers can represent in efforts to broaden their client base. Similarly many physicians are finding that self-funding their malpractice coverage through some type of captive vehicle is an attractive option. In the process they can decrease cost, control risk, and perhaps provide an additional income stream. However, captives are typically non-admitted companies and although a legal and valid means of protecting against malpractice, hospitals and other facilities that provide privileges may not be aware that captives do satisfy the malpractice insurance requirement. Physicians have to be prepared to address concerns based on this lack of familiarity.

We offer healthcare providers the opportunity to approach their legal matters in a comprehensive manner, and located in Austin, Texas we are on the doorstep of every state regulatory body that one might need to contact.

Specifically, some of our services include:

  • Medical Malpractice Defense
  • Bad Faith Peer Review
  • Appeals Of TMB Decisions
  • Inter-Physician Disputes
  • Corporate Practice of Medicine Issues
  • Physician Ambulatory Surgery Centers
  • Physician Ancillary Service Centers
  • General Commercial Litigation Services
  • Physician-Hospital Joint Ventures
  • Billing and Collection Assistance
  • Facility Accreditation/Compliance
  • Captive Formation (malpractice insurance and alternatives)
  • Insurance Advice (malpractice insurance and alternatives)
  • Third Party Payor Negotiations
  • Disputes with Medicare, Medicaid and Commercial Payors
  • Stark Law and Anti-Kickback Law Analysis and Compliance
  • Representation before a myriad of governmental agencies
  • Physician group practice development and representation and corporate issues
  • The above does not represent a complete listing of the services we offer to the healthcare industry. Each situation is different and oftentimes requires the combination of a variety of services to fulfill client needs. Our goal is to be a source of complete information and counsel on all legal matters that a professional or business in the healthcare industry needs.

HEALTHCARE LITIGATION

Weitz Morgan combines its trial-tested litigation and dispute resolution skills with deep industry knowledge to provide our healthcare clients facing litigation with the highest level of legal representation. We provide comprehensive litigation services for any disputed matter, and strive to achieve the results for our clients that make sense in the context of the industry and the client’s role in the healthcare environment.

Our lawyers support their clients in courts, arbitration, mediation and administrative proceedings by combining in-depth experience in healthcare matters with litigation skills developed in trials and hearings, as well as responding to government investigations and negotiating settlements.

In addition, with significant medical malpractice defense experience, our lawyers also represent clients in the defense of professional liability claims, and provide continued counseling on risk management issues and claims avoidance.

We understand the challenges faced by businesses in the regulated health care industry, and our goal is to minimize institutional risk and disruption for our clients while allowing their focus to remain on patient care.

Below is a sample of some of the types of matters handled by our healthcare litigation attorneys.

  • Medicaid Reimbursement
  • Health Care Facilities Construction-Related Disputes
  • Medical Staff Disputes
  • Commercial Litigation
  • Administrative Hearings
  • False Claims Act Defense
  • Licensure Proceedings
  • Provider De-Certification, Suspension, and Termination Proceedings
  • Anti-kickback and Stark Law Violation Allegations
  • Medical Staff Peer Review and Staff Privilege Disputes
  • Insurance and Managed Care Disputes
  • Medical Malpractice Defense
  • Employment Litigation
  • Contract Claims

Dentists

The dental industry presents unique requirements and challenges for its professionals. Weitz Morgan has experience representing dentists in such diverse areas as dental practice purchase agreements, dental partnerships agreements, dental MSO’s, dental space sharing agreements, dental corporations and LLC’s, real estate purchases and leases, employment law, dental board defense, estate planning, and other business transactions which a dentist will face during his or her career.

If you think we can be of assistance to you, please contact one of our attorneys. We will be happy to discuss your matter and how we can help.

HEALTH AND WELLNESS CLIENTS

Within our healthcare practice, Weitz Morgan has expanded its offerings to health and wellness ventures. We provide representation and thought leadership in the multi-million dollar health and wellness industry in matters related to business, litigation, and regulatory issues.

Our clients include businesses and individuals interested in or already practicing in the health and wellness industry. We represent clients seeking to monetize new technologies in this space, non-traditional medical practices, acupuncture clinics, addiction treatment facilities, sleep centers, medical spas, telemedicine start-ups, mobile medical app developers, manufacturers and distributors of dietary supplements and medical devices, fitness facilities/gyms, and yoga studios.

Whether you are a start-up or already established, we will work to provide you with the best legal representation for your health and wellness business, assist you in navigating the legal and regulatory maze, or, if needed, vigorously defend you in litigation or regulatory actions.

If you are working in this industry and need assistance, please contact us to schedule a consultation.

REPRESENTATIVE CLIENTS

  • Physicians
  • Hospitals
  • HMO’s
  • Home Healthcare Agencies
  • Assisted Living Facilities
  • Long Term Care Facilities
  • MedSpa’s
  • Registered Nurses
  • Physical Therapists
  • Acupuncturists
  • Billing Companies
  • Management Companies
  • Emergency Care Centers
  • Pharmacists
  • Ancillary Service Providers
  • Laboratories
  • Ancillary and Surgery Facilities
  • Healthcare Consultants
  • Medical and Industry Associations
  • Academic Medical Centers
  • Research Institutions
  • Provider Groups