Health Care Law

With the distinction of being the oldest and largest medical defense firm in New York, it is impossible to overstate just how uniquely qualified Martin Clearwater & Bell LLP (MCB) is in the  health care law arena.

Health care law is one of the broadest and most complicated practice areas in existence today. Consider the following: it is intensely regulated (with hundreds of federal, state, and local laws and regulations in force); it is multi-faceted (involving not only the actual practice of medicine and its own complexities, but also financial and quality assurance issues, educational and training requirements, safety, pharmaceuticals, medical equipment, patient rights, privacy issues, and more); and it applies to a broad panoply of entities and individuals.

Because of the sheer breadth and complexity of health care as a subject matter, any law firm dedicated to practicing in this area must have a vast pool of in-house expertise, complemented by robust support resources and key relationships within government, health care institutions/organizations, academic medical centers, and the general medical community.

WHO WE REPRESENT:

Our clients include hospitals, medical centers, institutional facilities and their staff, physician group practices and individual physicians, nurses, health-related businesses, laboratories and governmental agencies.

WHAT WE HANDLE:

The large group of attorneys comprising our Health Care Law practice area represent a knowledge base spanning all medical specialties, regulatory provisions, and operational standards in the tri-state area.

The types of issues we deal with include:

  • Health care fraud and abuse investigations/proceedings
  • Responses to hospital regulatory citations and criminal investigations
  • Comprehensive medical practice review and analysis to ensure compliance with governmental laws and regulations
  • Credentialing
  • Pre-litigation investigations and discovery
  • Medicare, Medicaid, and insurance billing audits
  • Structuring of physician groups
  • Preparation of contracts and operating agreements on behalf of group practices and individual physicians
  • Matters related to admitting privileges
  • Telehealth and telemedicine program vulnerabilities

HOW WE HELP:

Our highly skilled attorneys help health care organizations and practices navigate the maze of legal requirements and regulations confronting the industry. Our Firm believes that when it comes to risk management, being proactive is essential, and we regularly work with clients to help limit exposure to lawsuits and enhance quality of care.

Our attorneys:

  • Represent clients dealing with audits and investigations, including responding to audit findings; developing responsive corrective action protocols; negotiating settlements as warranted; and providing a strong defense in civil court litigation when needed
  • Provide risk management advice; proactively identify systemic problems and potential areas of liability; and develop and implement corrective risk management strategies, policies and protocols
  • Defend health care professionals who are at risk of losing or being denied their medical staff privileges
  • Counsel clients on potential fraud and abuse concerns, and provide regulatory compliance advice on numerous subjects ranging from workplace regulations to financial proscriptions
  • Analyze client Telemedicine programs to identify and correct associated risks or potential liabilities
  • Provide counsel and assistance in the development and implementation of new telehealth programs
  • Assist clients in responding to regulatory investigations/citations
  • Help clients obtain emergency court orders
  • Provide clients with 24-hour, on-call access to a partner with expertise in all aspects of health care law

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