Health Care

Overview

The Health Care Industry faces particular and unique challenges requiring navigation of a maze of billing and reimbursement issues, fraud and abuse concerns, licensing requirements, regulatory compliance and daily dealings with oversight agencies and insurance companies. The Gilpin Givhan Health Care practice group includes 6 attorneys with extensive health law experience who combine their practical experience with technical knowledge and understanding to provide a unique approach to assisting clients in navigating the complex world of health law.

Our Health Care practice group also draws upon the particular expertise of others in the firm including Taxation, Business Organizations & Transactions, Commercial Real Estate, Labor & Employment, Litigation and Municipal & Public Financing, providing a broad array of services to health care clients dealing with:

Regulatory Compliance

The firm routinely advises clients in connection with regulatory compliance matters and investigations and enforcement proceedings initiated by various federal and state agencies. We work to develop compliance programs tailored to each client‹s needs, and assist clients with various compliance issues, including the following:

  • Federal and state anti–kickback and fraud and abuse laws
  • Stark law and other self referral restrictions
  • Health Care Quality Improvement Act
  • Patient consent issues
  • End–of–life issues
  • Emergency Medical Treatment and Active Labor Act (EMTALA)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • False Claims Act
  • Medicare and Medicaid participation issues
  • HITECH Act readiness and compliance

The Health Care practice group is prepared to help clients sort through the complex issues associated with the regulatory and reimbursement challenges of the health care industry.

Billing and Reimbursement

Billing and reimbursement disputes with federal and state programs can be complex and difficult. Our Health Care practice group has experience handling disputes with the full spectrum of organizations, including Medicare, Medicaid, TRICARE, Children‹s Health Insurance Program, and a host of private payers. We represent and help our health care clients in working with insurance companies, third–party administrators, and Medicare intermediaries, carriers, MACs, MICs, ZPICs and RACs.

Health Care Litigation

We represent healthcare clients in litigation matters as well, including a wide range of patient care issues and the defense of medical negligence cases. With medical personnel advising the legal team on each case, we evaluate the merit and risk in the case quickly. The practice group has a number of medical and nursing experts to call upon for expert testimony and consultation, and one of our health care attorneys is a former nurse and healthcare consultant, bringing real–world experience and knowledge to the situation. We like to work closely with our health care clients and their insurers to prevent lawsuits through seminars and other training programs for health care personnel in an effort to avoid major problems.

Labor & Employment

Gilpin Givhan‘s Labor & Employment practice group works with the Health Care practice to advice employers on proper policies and procedures to avoid problems that might lead to legal action. We also regularly defend healthcare employers in single plaintiff and class action lawsuits and represent employers before the Equal Employment Opportunity Commission, local and state anti–discrimination agencies, and other federal and state agencies. The firm‘s traditional labor lawyers also provide strategic advice, counsel and representation of healthcare organizations regarding union organizing concerns, and have extensive experience before the NLRB and state labor boards on labor relations matters.

Medical Malpractice Defense

Gilpin Givhan has defended nursing facilities, hospitals, physicians, and physician groups in suits alleging medical negligence in all federal and state courts throughout Alabama and Mississippi. We take an aggressive stance against all non–meritorious claims. We work with individual physicians as well as risk managers for our institutional clients to help minimize exposure to possible malpractice claims.

Health Providers and Issues

The Gilpin Givhan Health Care practice group provides representation and advice to various health care providers including: hospitals, nursing homes, physicians, diagnostic centers, ambulatory surgery centers, medical services and equipment providers, home health agencies and assisted living facilities. We assist these clients with a full array of services addressing professional services and employment agreements, provider contracting, medical practice and facility acquisitions and dispositions, medical joint ventures, medical staff matters, tax exempt and governmental facilities, and certificate of need applications and litigation.

Additional Resources

List of attorneys in this practice group

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