Healthcare Regulatory & Compliance
State and federal regulation of medical and long-term care has a profound impact on the industry. Regulatory and enforcement actions by the Centers for Medicare and Medicaid Services, state Departments of Public Health, the Departments of Social Services, the Department of Justice, medical and nursing boards and countless other federal and state agencies can impose significant risk, significant costs, foreclose promising business opportunities, and at times threaten the existence of the entity. A thorough understanding of the legal principles concerning government regulation and conduct is critical to a successful challenge to an adverse agency action or the successful advocacy for—or defense of—a favorable agency decision. The knowledge and experience that goes with both negotiation and litigation is invaluable in achieving the best outcome.
The lawyers in Lewis Brisbois Bisgaard & Smith’s Healthcare Regulatory and Compliance Practice Group have an exceptional capacity and experience in representing clients seeking to challenge or defend both civil and criminal governmental regulation matters, to negotiate resolution of issues or to bring about appropriate regulatory, action, as well as focusing on all operational, licensure, regulatory and resident issues as follows:
- Department of Public Health and Department of Social Services surveys, investigations, and appeals;
- Department of Justice investigations;
- Criminal investigations and prosecutions for violations of the Stark and Anti-Kickback statutes, false claims statutes, structuring, and money laundering;
- Medical and Nursing Board investigations and proceedings;
- Medical staff by-laws, procedures, actions, and negotiations;
- HIPAA issues and prosecutions;
- EMTALA; and
- Joint Commission surveys.