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health and life sciences
overview
Today’s health care environment has taken on, indeed created, a new life of its own, marked by complicated and sometimes counter-intuitive laws. Our Health and Life Sciences Practice Group provides comprehensive and innovative legal services to a wide range of individual and institutional health care providers, research institutions, and pharmaceutical, device, and biotechnology companies.
We regularly represent hospitals and health systems (including academic medical centers), physician groups, long term care facilities, assisted living facilities, hospices, home health agencies and individual practitioners. We guide these diverse clients in matters involving corporate and finance transactions (including mergers and acquisitions and complex joint venture arrangements), partnerships, tax, real estate, environmental, employment and labor relations, bankruptcy, intellectual property, personal planning, insurance, antitrust, ERISA and hospital financing (including tax-exempt bond financing). We also counsel these clients in all phases of the regulatory world, including State licensure and certificate of need (from application preparation through administrative and judicial appeals), Medicare and Medicaid (enrollment, reimbursement, billing and compliance), FDA regulation and enforcement, Stark and Anti-Kickback compliance, False Claims, and Tax Exemption strategies.
To our life sciences clients, we additionally provide advice on technology licensing and strategy, technology-related venture arrangements and corporate partnering agreements, as well as patent, trademark, copyright and trade secret protection. We assist companies, universities, research institutions, incubators, and scientists to protect, develop, and commercialize intellectual property rights in a wide range of technical areas, including medical devices, bioethics, pharmaceuticals, bioremediation, e-commerce and software. In addition, our in-house patent agent uses her Ph.D. in Genetics and Molecular Biology to facilitate patent preparation and prosecution. We proactively work with clinical investigators, hospitals, academic medical centers and life sciences companies to help navigate the bioethical and legal issues associated with data and tissue repositories, the development of products and practices to support personalized medicine, organ procurement and transplantation, stem cell research and genetic engineering.
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REPRESENTATIVE LEGAL SERVICES
We provide our health care provider and life science business clients with sophisticated advice and services, manifesting experience in many diverse areas, including:
- Administrative Proceedings and Appeals
- Ancillary Businesses for Physician Practices
- Ambulatory Surgical Centers and Specialty Hospitals (organizational and compliance issues)
- Antitrust
- Bankruptcies and Work-outs
- Business Associate Agreements
- Certificates of Need
- Compensation Issues
- Conflicts of Interest
- Construction
- Contract Reviews and Negotiations
- Corporate Compliance Plans, including Audits, Monitoring
- Corporate Governance
- E-discovery
- EMTALA (Emergency Medical Treatment and Active Labor Act)
- Government Relations
- Group Purchasing Organizations (organizational and compliance issues)
- Health Care Benefits Consulting, including ERISA, COBRA, HIPAA
- HIPAA and other Patient Privacy and Security Regulations
- Hospital Commercial and Business Litigation
- Hospital-Physician Joint Ventures
- Labor and Employment
- Litigation including Alternative Dispute Resolution
- Medical Research, including Clinical Trials, Human Subject Protections, and FDA Enforcement Actions (defense of sponsors, investigators and IRBs)
- Medical Staff and Credentialing Issues, including Peer Review and Bylaws
- Medicare and Medicaid Issues including Appeals, Reimbursement
- Mergers, Acquisitions, Sales, Affiliations, Consolidations and Joint Ventures
- Non-Compete Agreements
- Nursing Home Licensure/Regulation
- Ownership and Succession Issues
- Patent, Trademark, Copyright and Trade Secret Protection
- Physician Employment Agreements
- Professional Compensation Issues
- Real Estate Transactions
- Regulatory Issues
- Reimbursement Issues under Federal and State Health Programs
- Software and Intellectual Property
- Specialty Areas, such as Fraud and Abuse, Anti-Kickback, False Claims Act, Stark Rules
- Tax, Tax-Exemption, and Finance
- Technology Licensing and Strategy
REPRESENTATIVE HEALTH AND LIFE SCIENCES CLIENTS
Healthcare Institution Clients (Academic Medical Centers, Hospitals, Nursing Homes, Home Health Agencies, Hospices, Surgical Centers, and Clinics) include:
- Cincinnati Children’s Hospital Medical Center
- TriHealth, Inc. (an affiliated network that includes the Bethesda and Good Samaritan Hospitals, Cincinnati, Ohio)
- University of Cincinnati Academic Health Center
- Case Western Reserve University
- The Institute for Orthopaedic Surgery
- Kettering Health Network (including Kettering, Grandview, Southview Hospitals)
- Summa Health System Hospitals
- Ohio College of Podiatric Medicine
- Robinson Memorial Hospital
- Doctors Hospital
- Provider Services, Inc. (Nursing Home Operator/Developer)
- LTC Properties, Inc. REIT
- Menorah Park Nursing Home
- Adams County Hospital
- Christian Benevolent Association (and its nursing facilities, including Mt. Healthy Christian Home and Mason Christian Village)
- Quaker Heights Nursing Home
- Hospice of Cincinnati, Inc.
- Sisters of St. Francis Health Services, Inc.
- Brookdale Senior Living
- Heritage House Healthcare
- Sunrise Assisted Living
- The Waters Healthcare Group
Physician Groups
Attorneys in our Health and Life Sciences Practice represent over 150 private practice professional corporations spread across multiple states, including:
- Cardinal Orthopaedic Institute (Columbus, Ohio)
- Cardiovascular Specialists, P.S.C. (Louisville, Kentucky)
- Mid-Atlantic Cardiothoracic Surgeons, Inc. (Norfolk, Virginia)
- The Ohio State University Physicians, Inc. (and its 15 separately-organized physician practice plans/groups)
- Michigan Heart, P.C. (Ypsilanti, Michigan)
- Michigan Brain and Spine, P.C. (Ypsilanti, Michigan)
- The Orthopaedic Institute of Ohio, Inc. (Lima, Ohio)
- Riverside Radiology, Inc. (Columbus, Ohio)
- The Mayfield Clinic (Cincinnati, Ohio)
- Advanced Orthopaedics (Richmond, Virginia)
- Oncology-Hematology Care, Inc. (Cincinnati, Ohio and other locations)
- Internal Medicine Associates of Northern Kentucky, P.S.C.
- Pioneer Physicians Network, Inc. (Tallmadge, Ohio)
- Southwest Orthopaedics, Inc. (Parma, Ohio)
- Clarian Transplant Institute, Inc. (Indianapolis, Indiana)
Other Healthcare Providers (and Related Organizations)
- Cook Group, Inc.
- Cook Biotech
- Lifeline of Ohio Organ Procurement, Inc.
- American Medical Equipment, Inc.
- Consolidated Health Services, Inc. (including American Nursing Care, Inc., Patient Transport Services, Inc., Amerimed, Inc.)
- Surgical Implant Services, Inc.
- Greater Cincinnati Health Council
- Clayton L. Scroggins & Associates, Inc
- Huron Valley Physicians Association
- LCA-Vision, Inc.
- OBS Medical
