Overview
At Burr & Forman, our team understands the intricacies of health care litigation and how it can affect our clients' businesses and the care they provide. Not only do our attorneys have a deep understanding of the many health care laws, they are also trial attorneys experienced in the courtroom. Our team handles a variety of litigation matters for clients in the industry, including qui tam/government investigations, general litigation, regulatory/administrative hearings, and certificate of need cases.
Government Investigations and Litigation
Our health care trial attorneys have handled qui tam and government investigations involving:
- Hospital billing
- Clinical laboratory billing
- Compounding pharmacies
- Toxicology laboratory personal services arrangements
- Incident to services
- Home health care certification and recertification
- Federal Trade Commission investigations
- Physician services and use of physician extenders and the proper level of supervision
- Corporations responding to Civil Investigative Demands (CID), search warrants and grand jury subpoenas
- Corporate employees subject to CIDs, search warrants and grand jury subpoenas
- Bundled payments
- Stark and Anti-kickback allegations
Health Care Litigation
We represent health care providers with regard to general litigation issues including:
- Emergency Medical Treatment and Active Labor Act (EMTALA) violations
- Antitrust litigation
- Civil Investigative Demands (CID), search warrants and grand jury subpoenas
- Defending physicians, long term care facilities, nurses, and hospitals in medical malpractice litigation
- Medical staff credentialing and clinical privilege litigation
- Qui tam and false claims act lawsuits
- Representing health care providers as creditors against entities owing debts, including liquidating and restructuring work-outs and bankruptcies
- State and federal fraud and abuse litigation
- Contract and employment disputes
- Assisting health care providers as debtors with work-outs and restructuring of debts and capital structures, both in and out of bankruptcy court
Health Care Regulatory Litigation
Burr & Forman's health care team is experienced in dealing with regulatory litigation issues including:
- Physician, pharmacy, and other state licensure proceedings
- State & federal agency (Medicaid, FDA, DEA) actions including investigations, adverse decisions, and contested case proceedings
- State & federal fraud and abuse investigations
- Recovery Audit Contractors (RAC), Medicare and other third-party payor audits, hearings, and appeals
- Representing providers in contested cases, declaratory judgments, agency hearings and appeals as it relates to certificate of need
