The health care industry is one of the most dynamic and complex sectors in the United States, characterized by rapid regulatory changes, technological advancements, and an ever-evolving policy landscape. Baker Donelson understands that health care organizations face unique challenges and opportunities that require tailored legal experience.
Our health care practice is a national leader, with more than 200 attorneys in 12 states and the District of Columbia serving the health care industry. Our dedicated client teams focus on hospitals and health systems, academic medical centers, long term care providers, ambulatory surgery centers, behavioral health companies, clinical laboratories, anatomic pathology providers, digital health companies, organ procurement organizations, federally qualified health centers, rural health facilities, pharmacies, pharmaceutical companies, dialysis providers, home health and hospice organizations, 340B covered entities, complex medical groups, rehabilitation facilities, and the wide array of health-related enterprises that make up our health care ecosystem. We are committed to cultivating comprehensive, detailed, and intimate knowledge of the health care industry as a whole, as well as the specific segments in which our clients work. Our multidisciplinary approach and unwavering commitment to excellence ensure we deliver the highest level of legal service, tailored to meet your specific needs. Given the vast scope and complexity of the nation's largest industry, our size, scale, and collective experience give our clients a competitive advantage.
When you hire Baker Donelson, you partner with a dedicated, multidisciplinary team that not only has experience in and detailed knowledge of health law but also understands the complicated ways in which the industry operates. We know our clients' businesses because we are committed to living in their world. The support we offer through our national reach and deep industry experience empowers our clients to navigate legal complexities with confidence and achieve their strategic objectives. We are proud to have five former presidents of the American Health Lawyers Association (AHLA) who served while practicing at Baker Donelson, underscoring our leadership in the field. Our attorneys are consistently recognized by AHLA, Modern Healthcare, Chambers USA, and Best Lawyers for their excellence and dedication to clients.
Health Care Regulatory
In the rapidly evolving landscape of health care regulation, Baker Donelson offers unparalleled guidance to ensure our clients remain compliant and ahead of the curve:
- Compliance Programs and Reviews: We are adept at developing and implementing programs to ensure adherence to state and federal regulations. Our team also has extensive experience conducting reviews to assess and improve compliance program effectiveness. We also regularly advise on healthcare regulatory compliance matters to ensure compliance with state and federal laws and regulations.
- Fraud and Abuse Counseling: We advise on laws and regulations related to fraud and abuse, including the federal Anti-kickback statute and Stark Law.
- Investigations and Disclosures: Our team regularly conducts investigations and guides clients through self-disclosures under Centers for Medicare and Medicaid Services (CMS) and Office of Inspector General (OIG) protocols. We are also experienced with disciplinary proceedings and peer review processes.
- Licensing and Accreditation: We advise on licensing, accreditation, certificates of need, and scope of practice.
- Risk Management: We assess and mitigate risks in third-party agreements and contracts and conduct thorough due diligence on regulatory aspects of deals.
- Medicare and Medicaid: We assist with reimbursement and enrollment processes and handle audits, appeals, payor disputes, post-payment reviews, and voluntary repayments. Our team also provides strategic advice to ensure to various arrangements comply with relevant reimbursement laws and enable providers to be reimbursed for their services.
- Operational Advice: We provide guidance on operational issues, corporate governance, and medical staff matters.
- Care Coordination: We develop and implement value-based and care coordination arrangements.
- Privacy and Security: We provide professional guidance on HIPAA compliance and other federal, state, and international privacy laws, covering areas such as clinical research data protection, artificial intelligence (AI) and digital health data privacy regulations, and comprehensive data security and governance policies.
Health Care Transactions
Our transactional team provides end-to-end legal support for health care transactions, ensuring compliance and strategic alignment in achieving our clients' business objectives:
- Mergers and Acquisitions: We guide clients through every stage of health care M&A, from due diligence to closing, ensuring seamless integration of work streams and prioritization of compliance throughout the process.
- Joint Ventures and Strategic Affiliations: We structure and negotiate joint ventures and strategic affiliations that enhance operational capabilities and market presence.
- Financing and Capital Formation: Our experience in financing transactions supports health care providers in securing the capital needed for growth and innovation.
- Real Estate and Facilities: We advise on real estate transactions, including leasing, acquisition, and development of health care facilities, ensuring regulatory compliance and optimal outcomes.
- Contracting and Vendor Relationships: We draft and negotiate contracts with vendors and suppliers, safeguarding our clients' interests and ensuring regulatory adherence.
Health Care Policy
Our policy practice is dedicated to shaping the future of health care through insightful analysis and effective advocacy:
- Legislative and Regulatory Advocacy: We represent clients before legislative bodies and regulatory agencies, influencing policy developments to align with their goals.
- Policy Analysis and Strategy: We assess the impact of health care policies and craft strategic responses to ensure our clients thrive in a dynamic regulatory environment.
- Coalition Building and Stakeholder Engagement: We facilitate coalition building and stakeholder engagement to support policy initiatives that drive positive change.
Recognitions and Leadership
At Baker Donelson, our commitment to excellence is reflected in the accolades and leadership roles of our attorneys:
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Named one of the "Largest Healthcare Law Firms" by Modern Healthcare every year the list has been published.
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Listed on U.S. News – Best Lawyers "Best Law Firms" in Band 3 nationally and in Bands 1, 2, and 3 locally.
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Consistently ranked one of the "Top Ten Firms" for Health Law by American Health Law Association.
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Selected by Chambers USA: America's Leading Business Lawyers as one of the nation's leading health law practices.
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