Healthcare

The strength of the James Bates healthcare practice is rooted in our firm’s ability to integrate many areas of expertise to provide the legal guidance our clients demand in order to navigate the complex and wide array of issues faced in the healthcare sector.  With reputations for deep industry knowledge and practical understanding of clients’ business needs, our attorneys have developed broad expertise and scope of experience within the healthcare sector.

Healthcare Providers

Over the years, James Bates attorneys have provided services to a variety of different healthcare providers.  We have focused on health-related business transactions such as merging physician practices into and out of hospital relationships, into and out of physician practices, selling and reorganizing medical practices, and dealing with the entrance and exit of providers into practice groups.

We have represented physician practices and hospitals engaged in single specialty and joint-venture ASCs and other ancillary services projects.  Our attorneys have assisted clients in all aspects of such transactions, from initial structuring of the deal, assessing regulatory risks and concerns, seeking necessary LNR and CON approvals, through closing of the transaction.

We have worked throughout the Southeast with providers, networks and investors in the long term care, assisted living and home health markets offering a variety of services including, for example: acquisition of new businesses; negotiations with payors; development of corporate compliance programs; corporate compliance audits and training programs; state, certificate of need, licensure and survey matters; contracts; financing (equity and debt); employee benefits; and environmental matters.

We have worked with durable medical equipment, medical device, ambulatory surgery centers, and other ancillary healthcare entities providing a broad range of services including, for example: contracting; litigation and risk management; regulatory and compliance; and other operational issues.

We have worked with physician practice management companies in many phases of the business cycle – from initial organization and practice acquisition, private securities offerings, initial private offerings, restructuring and practice/business line sales, and dissolution.

Healthcare Information Technologies

Our Healthcare Group has extensive experience in representing both vendors and users of information technology.  Our practice includes all aspects of representation for healthcare businesses, including the formation, financing and governance of business entities, development, marketing and distribution arrangements, intellectual property protection, licensing agreements, systems integration agreements, internet and new technology issues, joint venture arrangements, mergers and acquisitions and employment and noncompetition agreements and issues.

Our core strength in this segment of the market is counseling entrepreneurs, investors and institutions that develop transformative technologies designed to enhance healthcare access, improve the quality of care and lower overall costs.  New opportunities continue to arise for emerging digital technologies and innovative companies.  Participants at all levels are embracing information and tools that improve healthcare services while also lowering costs and increasing efficiencies.

Our attorneys guide healthcare providers, payors, software, e-commerce and social media innovators in the complex tasks of creating organizational structures, financing operations and managing valuable assets.  Our attorneys have:

• Advised a broad range of emerging companies in venture capital financings, mergers and acquisitions, public offerings and corporate governance matters.
• Counseled clients on strategic partnering, licensing and commercialization arrangements.
• Advised on intellectual property counseling and intellectual property litigation matters.
• Advised on HIPAA compliance, fraud and abuse and related regulatory matters specific to technology companies.

Healthcare M&A and Finance

James Bates attorneys have broad experience in healthcare mergers and acquisitions.  Our attorneys have represented many types of healthcare providers in both buy and sell-side transactions, including nonprofit and for-profit hospitals, skilled nursing companies, physician groups, home health agencies and medical equipment and technology providers.

We have successfully closed many venture capital transactions with the best-known investors in the healthcare field, including Siemens, Sandbox, Harbourvest Partners and BlueCross, BlueShield Ventures Partners.  We have also handled joint venture and strategic investments from ResMed and  Noridian Mutual Insurance Company.

Compliance, Regulatory, and Day-to-Day Operations

James Bates attorneys counsel and assist our provider clients to achieve compliance with the myriad of state and federal regulations imposed on the healthcare industry, including, for example, Stark, Anti-kickback, False Claims Act, Medicare and Medicaid reimbursement rules, antitrust regulations, and HIPAA Privacy and Security rules, and other state and federal rules and regulations.

We provide guidance to all of our provider clients on day-to-day operational matters, including:

• Drafting shareholder and operating agreements.
• Reviewing and drafting medical directorship agreements.
• Counseling as to clinical integration, litigation and risk management.
• Providing employment law guidance and drafting and reviewing physician employment contracts and non-compete agreements.
• Advising on tax exempt matters.
• Assisting with state licensing, certificates of need, fraud and abuse compliance.

Privacy and Security

Our Privacy and Security practice group assists health-related businesses with implementation and compliance tasks necessary to comply with the complex requirements imposed on healthcare providers and their vendors by the federal HIPAA Privacy and Security and HITECH ACT requirements, as well as state laws and regulations. We have broad experience in counseling clients as to how they can meet the requirements of the various federal and state privacy and security rules in their day-to-day business activities, including:

• Assisting both healthcare providers and healthcare vendors in integrating requirements of the security and privacy rules in their operational documents.
• Drafting and negotiating business associate contracts—from both the covered entity and business associate perspectives.
• Providing guidance and leadership as clients conduct privacy and security assessments and audits, develop compliance plans, and implement necessary administrative policies, procedures and forms for compliance.
• Providing guidance as clients choose consultants to conduct SOC 2 audits (implementing the AICPA Trust Services Principles for Security, Availability, Processing Integrity, Confidentiality and Privacy of Healthcare Information) and providing guidance throughout the full spectrum of the process – from conducting the initial assessments, implementing remedial actions, preparing, improving and implementing necessary policies and procedures, and then undergoing the audit process.

Managed Care

James Bates attorneys have a special level of experience in assisting Managed Care providers, including hospitals, medical centers, inpatient and outpatient facilities, independent practice associations and physician groups in a broad range of healthcare industry managed care arrangements.

We advise health plan clients and third party administrators on structuring their administrative services arrangements with self-insured employer group health plans. This includes developing the applicable contractual documentation with the self-insured employer, network providers, and any intermediaries or vendors. We have substantial experience with the state insurance law issues that may impact these types of arrangements.

Healthcare Attorneys