Focused on the ongoing evolution of the healthcare industry, Newmeyer Dillion’s freshly-formalized healthcare practice seamlessly navigates complex health and technology ecosystems and consumer-driven standards of care within a challenging business and regulatory landscape. Drawing on the strengths of the firm’s business, litigation, employment law and real estate practice groups, our team works with various sectors of the healthcare industry in the areas of state and federal regulatory compliance, general business matters, medical malpractice and litigation defense. We offer a cornucopia of key legal services to healthcare clients including entrepreneurs, technology companies, physicians, dentists and other healthcare professionals, suppliers, medical device manufacturers, hospitals, physician groups, out-patient and long-term care facilities.
Business & Real Estate Transactions
We harness our deep knowledge of business transactions to guide healthcare clients throughout the company life cycle, from entity formation, business operations, and labor and employment matters to buy/sell agreements, mergers and acquisitions and dissolution. Our team protects medical and dental professionals and helps expand their operations utilizing corporate healthcare models such as franchising and advising on the development, purchase and leasing of medical office buildings. We are adept at dealing with Medicare/Medicaid reimbursement denials and appeals to keep businesses running smoothly. Bullish on the business of healthcare, we help practitioners and service providers start, operate, grow, and diversify. We advise residential care facilities, home care agencies and other entities on the complex labor and employment, contractual obligations, and regulatory compliance requirements of the highly-regulated healthcare industry. When real estate transaction needs arise, we help both developers and operators of medical office buildings and complexes navigate through acquisition, sales, leasing and financing of these properties.
Regulatory Compliance
We take a hands-on approach to the legislation that defines the regulatory landscape. Industry-wide, our clients rely on us to serve as a multi-state resource on healthcare regulations in California and Nevada and on federal Medicare/Medicaid programs and compliance, including the Anti-Kickback, Stark laws, and False Claims Act, DEA, FDA, HIPAA and other regulatory issues. Most recently focused on compliance with Nevada’s newly enacted AB 474, the Controlled Substance Abuse Prevention Act, we counsel pharmaceutical companies, pharmacies, suppliers, and healthcare providers on new standards of care governing opioid reporting requirements for prescription drugs. We work with healthcare entities of all stripes to proactively prevent regulatory violations, including review and updates to employee handbooks to avoid potential issues, and advise corporate governance, compliance policies, audits and other strategies to deter whistleblower actions and maintain the high level of integrity critical to the practice of medicine.
Privacy and Cybersecurity
Our rapidly expanding healthcare practice includes a laser-focus on data privacy and related concerns for exempt and covered entities and business associates. Ranging from internal recordkeeping to cybersecurity, our legal services encompass all aspects of effective compliance with California’s Consumer Privacy Act (CCPA) and programs, rights and duties to address HIPAA security requirements for protected health information (PHI and ePHI). We advise on how to record, store and transfer such information and best practices to train employees on encryption requirements.
Litigation
Blending comprehensive defense strategies with strong advocacy skills, we avoid the risks of litigation whenever possible and champion our clients in agency investigations, medical malpractice, whistleblower, and commercial injury claims in state and federal courts. Adept at handling insurance coverage, medical malpractice, and commercial injury cases, our experience includes False Claims Act allegations and Anti-Kickback Statute lawsuits, Stark Law and other fraud and abuse claims, breach of contract and related litigation. We have a successful track record representing medical professionals in Medical Board inquiries and defending medical malpractice claims. We draw on our trial strengths, courtroom experience, and regulatory knowledge to protect healthcare clients from operational, licensing, and contractual disputes, provide solution-oriented approaches to business challenges, maintain internal compliance standards, and navigate the complexities of healthcare regulation.
