Healthcare

We routinely advise physician practices, hospitals, long-term care facilities, and other health care providers on contract negotiations, due diligence when hiring, real estate transactions, and state compliance with federal regulations. 

Our attorneys advise health care providers on the legal issues that arise in the day-to-day business operations including:

• Health Information Technology, Electronic Health Record and EMR issues
• Patient Rights (including consent and end-of-life issues)
• Admission and Involuntary Transfer/Discharge
• Licensure Surveys and Certifications
• Contracting and Recruitment
• Defense of Qui Tam actions
• Risk Management and Peer Review
• Scope of Practice

Medicare and Medicaid issues impact almost every health care provider in some form or fashion. Our team is experienced in handling matters dealing with reimbursement issues, audits and appeals to help providers comply with Medicare’s Program Integrity Contractors, negotiating coverage determinations, appealing overpayments and denials, and when necessary, litigating reimbursement disputes.

The Christian & Small health care attorneys regularly provide guidance to health care clients on issues involving:

• Anti-kickback Statute, Stark Statute, and False Claims Act
• Hospital Authority Law
• HIPPA Privacy, Security and EDI Rules
• Open Records/Meeting Act
• EMTAL
• Hospital Acquisitions Act
• Certificates of Need 
• Licensure
• Medicare/Medicaid certification and reimbursement
• Antitrust compliance

• Represent the second-largest publicly traded operator of general acute care hospitals in the US in multiple business litigation matters throughout Alabama, Florida, Louisiana, Mississippi, and Tennessee.
• Obtained summary judgment dismissal in a data breach case filed as a class action. The case involved the firm’s representation of a hospital that was subject to a data breach when a third party broke into a locked office building on the hospital campus. 
• Served as local counsel for one of the nation’s largest hospital organizations and all its related hospitals sued in 16 class action data breach cases consolidated into a Multi-District Litigation (MDL) in the Northern District of Alabama. Following rulings on our Motions to Dismiss, a settlement, very favorable to the defendants, was negotiated. 
• Obtained the dismissal of an out-patient mental health provider where the plaintiff allegedly suffered Stevens-Johnson Syndrome after being prescribed medications.
• Obtained summary judgment for a mental health provider at an in-patient drug rehabilitation facility. The dismissal was later affirmed on appeal.
• Obtained the dismissal of an Alabama Board of Examiners in Counseling complaint against a therapist accused of sexual contact with former clients and other inappropriate behavior.
• Obtained the dismissal of municipal jail healthcare providers where the plaintiff alleged the healthcare providers were deliberately indifferent to his medical needs by leaving him in solitary confinement. 
• Obtained partial summary judgment in favor of a community mental health provider and psychiatrist. The court granted the defense counsel’s motion for summary judgment on the plaintiff’s negligent hiring, training, and supervision claims, as well as wantonness claims.