Healthcare

The healthcare sector represents one of the fastest growing and most heavily regulated industries in the United States. Not only that, it makes up about a sixth of the U.S. economy, and its financial framework have been in flux for more than a decade. 

As a result, uncertainty has gripped the industry as new developments are difficult to predict and regulatory schemes evolve quickly and frequently. To stay competitive, providers, suppliers, and lenders need counsel that offers sound business advice grounded in up-to-the-minute legal and regulatory knowledge.

Blank Rome understands the difficulty confronting you in today’s market. Our healthcare attorneys represent all types of healthcare providers (institutional, facility-based and private practice) and suppliers (group and individual) in organizational, structural, and commercial operative matters. 

Because of our breadth and depth, we can fully service your transactions, including federal and state regulatory requirements and related tax and real estate matters. We advise on complex regulatory, risk management and compliance issues for hospitals and health systems, health insurers and managed care organizations, physicians and physician practice groups, pharmacy-related organizations, and mental health facilities. We also advise private equity funds and other sources of venture capital in connection with their investments in healthcare. 

From transactions and real estate acquisitions to investigations and litigation risks, our multidisciplinary team of attorneys and government relations professionals can also counsel you on a wide array of challenges and opportunities. 

How We Can Help

Our wide-ranging experience in the healthcare industry includes:

Health Information Technology 

• Developing and deploying health information technology
• Medicare/Medicaid meaningful use requirements and solutions
• Resolving regulatory compliance challenges
• Acquiring technology
• Protecting intellectual property
• Establishing network contracts
• Data protection and privacy laws at state, federal, and international level, including HIPAA, HITECH, COPPA, the FTC Act, state breach notice laws
• Self-regulatory guidelines on online behavioral advertising
• EU data protection directive and Safe Harbor certification. 

Healthcare Real Estate Transactions 

• Mergers and acquisitions
• Licensing transactions
• Co-promotion arrangements
• Services agreements
• Due diligence covering regulatory, corporate, intellectual property, tax, and environmental issues
• Drafting and negotiating

Healthcare Litigation & Products Liability 

• Administrative, civil and criminal cases
• Tort liability
• Coverage and reimbursement appeals 
• Fraud and abuse allegations
• False Claims Act/Qui Tam defense
• Anti-kickback violations, 
• Stark and antitrust issues
• Payor-provider disputes, suspension and exclusion
• Professional licensure disputes

Healthcare Financing Transactions  

• Structuring, negotiating, and documenting complex financings 
• Senior, mezzanine and second-lien loan transactions
• Leveraged cash flow loans
• Receivables-based credit facilities
• Equipment leasing and tax-exempt financing

Healthcare Public Policy, Government Contract Counseling & Compliance  

• White collar and internal investigations 
• Compliance
• Reimbursement
• Federal and state enforcement representation 
• Audit and internal corporate compliance issues.

Our government relations team is composed of top lobbying and strategic communications professionals with first-hand knowledge of the legislative and administrative processes in Washington, D.C., and in state and local governments. They help clients develop focused, successful strategies to help navigate the complex issues that cut across all branches of government.