Health Care

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Health care clients face a myriad of highly complex government regulations which significantly impact virtually every aspect of operations and company finances. Briggs and Morgan attorneys understand these regulations, as well as client business goals, and possess the experience necessary to work through regulatory guidelines to achieve these goals. We serve health care clients using an interdisciplinary team approach that allows us to deliver efficient, effective and timely legal services.

The attorneys who serve Briggs’ health care clientele are members of health care associations and foundations. Our health care team meets regularly to review new developments and industry trends.

Briggs represents nonprofit and for-profit health care clients of all sizes, including hospitals; clinics; nursing homes; assisted living facilities; hospices; mental and behavioral health facilities; physicians, dentists and other individual practitioners; group practices; managed care organizations; pharmacies; and other suppliers of equipment, drugs and devices.

We have represented clinics and preferred providers in the negotiation of health care contracts, mergers and acquisitions, and the sale/purchase or taxable financing of hospitals and nursing homes. In the area of tax-exempt financing, Briggs has represented local and national underwriters, and served as bond counsel for various public and private health care providers.

We assist clients in designing and implementing appropriate business strategies to meet the demands of a complex regulatory environment and competitive health care marketplace. Briggs has the breadth of experience necessary to serve clients in both transactional work and litigation. We use the experience of attorneys from a number of the firm’s areas of practice, including finance, real estate and business litigation, to maximize results for clients. In labor and employment, we offer supervisory training on topics ranging from sexual harassment to employee benefits as relevant to the health care environment.

Briggs provides advice and counseling to health care clients on a broad range of matters, including:

  • Acquisitions and divestitures of health care facilities and practices
  • Antitrust
  • Consent, privacy rights (including HIPAA) and medical records
  • Corporate law and governance
  • Credentialing and peer review
  • Dispute resolution and litigation
  • EMTALA 
  • Fraud and abuse/anti-kickback 
  • Health insurance
  • Labor and employment
  • Land acquisition
  • Licensing board issues 
  • Managed care
  • Professional liability
  • Provider contracts
  • Public finance
  • Qui tam/False Claims Act
  • Risk management and loss prevention
  • Stark Law
  • Tax

Representative Matters

  • Advise on HIPAA and HITECH compliance for business associates, including conducting risk analysis, negotiating terms of business associate agreements, and drafting policies and procedures.
  • Defended against allegations that client violated telemarketing and auto-dialing regulations.
  • Provide strategic counseling on intellectual property matters; license drafting and negotiation; portfolio development and pre-suit analyses for various companies.
  • Represent multiple companies in procurement and enforcement of worldwide patent and trademark rights.
  • Represented a global distributor of health products and services in the $715 million sale of its medical supply business to a private equity firm; its $1.1 billion acquisition of a leading animal health distribution company; its accelerated share repurchase; the declassification of its board; and other commercial, corporate governance, securities and disclosure matters. 
  • Represented a nonprofit hospital and senior care facility in its sale to a large, nonprofit health system.
  • Represented a nonprofit senior-living and care facility operator's acquisition of another nonprofit senior living facility.
  • Represented cosmeceutical client who was sued by a Fortune 500 pharmaceutical company for patent infringement on a chemical patent related to prostaglandins. Obtained favorable Markman ruling during claim construction, followed by summary judgment of non-infringement, which removed client from patent infringement claims.
  • Represented employer in responding to embezzlement by employee of over $1 million.
  • Represented underwriters in tax-exempt financings of nonprofit hospitals in Georgia and North Dakota, as well as acted as bond counsel for nonprofit hospital financings in Minnesota.
  • Two former hospital employees brought qui tam action on behalf of the U.S. Government, alleging billing irregularities under the Medicare program.