The health care industry is one of the largest segments of the U.S. economy, and also is one of the most complex. Health care providers and suppliers who wish to do good—and do well—within the industry need knowledgeable and responsive attorneys able to help them navigate rapidly changing legal parameters.
At O’Neil, Cannon, Hollman, DeJong & Laing S.C., we have selectively staffed our firm with attorneys qualified to provide our health care clients with quality legal counsel that enables efficient and effective management of legal needs, both before and after they develop. Our Health Care Practice Area is comprised of lawyers with detailed knowledge of and strong experience with the intricate legal framework of the health care industry.
Our attorneys counsel and represent a wide variety of health care clients by taking a proactive approach to their varied circumstances and goals in a diverse range of areas, including:
- Compensation Arrangements
- Corporate and Commercial Transactions
- Corporate Governance
- Creditors’ Rights
- Employment and Labor Relations
- Employee Benefits
- Exclusive Provider Contracts
- Fraud and Abuse
- Licensure and Credentialing
- Litigation and Dispute Resolution
- Medical Records Privacy and Retention
- Medical Staff Bylaws, Privileges and Peer Review
- Patient Care and Consent
- Real Estate
- Restrictive Covenants and Non-Competes
- Risk Management
- Taxation and Tax Exempt Organizations
Health Care Litigation
We work closely with our health care clients to develop strategic, yet practical solutions to prevent and resolve disputes involving an wide range of legal issues, including fraud and abuse, antitrust, medical malpractice, managed care contracting, commercial insurance coverage, medical staff corrective actions, and employment and independent contractor arrangements, including restrictive covenants. When disputes arise, we actively and aggressively pursue and defend our clients’ interests, combining our thorough understanding of discrete areas of health law with our extensive practice in numerous dispute resolution forums.
We have significant and diverse trial experience representing clients in state and federal courts throughout the country, as well as in myriad public and private administrative proceedings. We have successfully litigated on behalf of clientele in nearly every sector of the health care industry, including provider health systems and networks, hospitals, clinics, long-term care and skilled nursing facilities, physician practice groups, medical suppliers, third-party insurers and individual health care professionals.
Health Care Transactions
We understand the “business side” of health care and regularly partner with providers and suppliers to improve the delivery of health care while achieving their financial goals within intricate statutory, regulatory and contractual confines of the health care industry. We employ a multi-disciplinary approach that effectively and efficiently accomplishes our clients’ varied business objectives by incorporating a wealth of corporate and commercial law experience.
We have worked on an array of corporate and commercial transactions on behalf of health care industry clients, including asset purchase agreements, joint ventures, supply and distribution contracts, independent contractor agreements, service provider arrangements, managed care contracting, real estate sales and leases, medical records management and various types of financing deals. Our firm has the breadth and depth of legal experience to help our health care clients formulate strategic planning initiatives and achieve their goals at all points of the business development spectrum, from formation and start-up, to fiscal growth and corporate/commercial contracting, to sale and wind-down of business operations.
Health Care Employment and Labor Relations
We have counseled and represented our health care clients on a multitude of matters involving conventional employment and traditional labor law issues. Our lawyers have advised and represented large institutions and individual practitioners with respect to health care industry-specific issues related to employment and independent contractor arrangements, medical directorship agreements, medical staff privileges and peer review, restrictive covenants and administrative employment and staffing matters.
We have helped employers and employees—within and outside the health care industry—ensure adherence to legal and contractual requirements of all aspects of employment relationships including: hiring and firing issues, discrimination and harassment complaints, wage and hour matters, ADA and FMLA compliance, unemployment compensation claims, worker’s compensation retaliation claims, OSHA investigations and citations and contract issues. We also have extensive experience in handling employment workforce matters involving organized labor, including collective bargaining, grievances and personnel board hearings, unfair labor practices and labor relations board proceedings.
We place our clients in control of their employment relationships. We prepare employment contracts, employee handbooks, employment policies and procedures, supervisory and management training and non-compete, non-solicitation and confidentiality agreements designed specifically for our clients’ needs. We help manage difficult employee situations and provide clients with a practical plan of action to help reduce the risk of employment-related disputes. When litigation is necessary, our experience representing clients before state and federal courts and agencies enables us to aggressively advocate for our clients’ interests in any forum.
Health Care Corporate Governance and Compliance
We have worked with our health care clients to develop and operate creative corporate structures that accomplish their corporate missions and adapt to the ever-changing realities of the health care industry. Corporate governance in the health care environment often presents challenges unique to the industry, and attorneys are adept at helping clients understand such challenges and, if possible, turn them into opportunities for success.
We work with health care professionals and executives to navigate the numerous fiduciary obligations and limitations incumbent upon their respective roles in the governance and operation of health care organizations and protect them against exposure to personal liability. We enable our clients to design corporate entities that best fit their needs and goals and collaboratively structure policies and compliance programs geared towards managing the risks inherent in the health care industry and complying with the host of legal restrictions applying to institutional governance and operation.
From issues ranging from financial relationships to practitioner evaluation to patient care, leaders of health care entities must incorporate a solid understanding of a host of legal issues into their daily governance activities. O’Neil, Cannon, Hollman, DeJong & Laing S.C. educates its clients on such matters and provides them with the means by which this knowledge and the related legal safeguards can be transferred and utilized throughout their organizations.