Healthcare & Hospital Law

BMD has been recognized in the American Bar Association Health Law Section and Becker’s Hospital Review annual Law Firm Regional Top 10 Recognition List for the Midwest. The Top 10 lists, which are also created for the northeast, south, southeast and D.C. and west, represent the firms in a particular region that have the largest number of health law section members. According to the Becker’s Hospital Review website the lists “reflect the law firms that value the leading educational programming, networking, policy activities, cutting-edge publications and other opportunities offered to their lawyers by the ABA Health Law Section.”

BMD's health law attorneys possess a number of strengths in health law ranging from healthcare policy and strategy and regulatory compliance to reimbursement strategies and physician hospital partnerships. We serve not only as legal counsel, but also as business and strategic advisors to our healthcare clients.

We regularly advise the boards of directors, management, and the physician leaders of our clients in developing and implementing strategic plans, including the development of new product lines and services and ways to protect these assets. Current projects include the development of disease management carve-outs and structuring physician/hospital alignment strategies. We also are assisting our healthcare clients in evaluating and implementing a multitude of options to traditional medical malpractice insurance including innovative asset protection planning.

Our clients include physicians, hospitals, medical staffs, PPOs, home healthcare providers, nursing homes, managed care plans, allied health professionals, durable medical good providers, and various other health care related businesses. Our attorneys regularly counsel our healthcare law clients in the areas below.

Areas of service include:

• General Corporate Matters
• Compliance, false claims, and fraud and abuse
• Antitrust
• Strategic planning
• Corporate structure and governance
• Employment and labor relations
• State and federal regulatory issues
• Mergers, affiliations, and acquisitions
• Identifying, protecting and exploiting patent, trade secret, trademark and copyright assets
• HIPAA patient privacy and security
• APCs - Hospital outpatient PPS
• Physician-Hospital joint ventures
• Medical staff issues, including bylaws, credentialing, peer review, and disciplinary hearings
• EMTALA/Anti-Dumping provisions (COBRA)
• Medicare/Medicaid reimbursement appeals and certification
• Integrated delivery systems and the development of networks
• Facility licensure, accreditation, certification, and health planning
• Managed care and other third party payor contracting
• General hospital contracting
• Public law compliance for governmental hospitals
• PHO, MSO, and similar arrangements
• Physician practice acquisitions
• Insurance, including the development of captive insurance companies, provider-controlled HMOs and PPOs, and other health insurance products

• Federal, state, and local tax, including non-profit and tax-exempt status issues
• Environmental regulations and issues
• Software and intellectual property licensing
• Litigation
• Tax-exempt financing
• Non-competition, non-solicitation and confidentiality agreements
• Real estate
• Health policy advocacy
• Navigating licensure and government agency disciplinary procedures for providers
• Nurse advocacy, including advanced practice registered nurses
• Medical device manufacturer and distributor representation
• Development of independent physician groups
• Strategies in physician-led healthcare business ventures
• Stark Law Self Disclosures under the Self-Referral Disclosure Protocol (SRDP)
• OIG Self Disclosures under the Self Disclosure Protocol (SDP)
• Medicaid self disclosures
• OIG advisory opinions
• CMS advisory opinions
• Federally Qualified Health Clinics (FQHCs), Rural Health Clinics (RHCs), and community health clinics

Health Law Service Lines