Sometimes, successful healthcare practices realize that they missed important compliance tasks during the early years. They can also hit unanticipated speed bumps such as audits, disputes, lawsuits, violations, breaches, or major changes in the law. Other times, they need legal guidance to expand their services, grow their workforces, enter into new agreements, or pursue other exciting opportunities.
Whether you seek to become more compliant, manage a crisis, or protect yourself as you grow, our knowledgeable healthcare attorneys can help.
Our Services for Established Healthcare Practices
- Advertising Materials and Website Review
- Business Formations (LLC, PLLC, Corporation)
- Business Litigation
- Charity Care Program
- Contract Drafting, Preparation, and Negotiation
- Corporate Compliance
- COVID Emergency Litigation
- Data Privacy
- Employee and Independent Contractor Agreements
- Employee Handbooks
- EMTALA Compliance
- Fraud, Waste, and Abuse Compliance
- Government Audit
- HIPAA Policies and Procedures
- Informed Consent
- Insurance Audits
- Intake Forms and Registration Packets
- Intellectual Property
- Liability Guidance
- Management Service Agreements
- Marketing Contracts
- Medicare Compliance
- MSO Arrangments
- Real Estate Transactions
- Website Terms and Conditions
Federal, state, and local laws seek to protect consumers through laws and regulations that guide the marketing of healthcare-related businesses. Thus, if your strategy runs afoul of them, you could jeopardize your reputation, license, financial standing, and, in some cases, your freedom. We’ll raise the red flag and help you refocus your efforts.
Contract Drafting, Review & Negotiation
Understanding your rights and responsibilities under a contract is a crucial part of protecting your business interests. When helping a client negotiate a contract, real estate deal, or employment arrangement, we seek to empower our client to obtain the best result. We can help to maximize your negotiating power and protect your interests
Your corporate compliance plan prepares you for three of the worst-case scenarios for any practice: a lawsuit, a government audit, and a breach or violation. A comprehensive corporate compliance plan for a healthcare entity includes items such as a HIPAA policy and procedure manual, a compliance manual to reflect issues raised in an OIG audit, and an employee manual.
Corporate Governance & Practice Start-up
State law governs corporate formations—that is, your creation of an LLC or a corporation. Creating a business is far more complex than automated online services may suggest, especially for healthcare providers (special rules and restrictions apply).
Laws that can come into play, for example, include the Illinois Business Corporations Act, Limited Liability Company Act, Professional Services Corporations Act, Medical Services Corporations Act. Healthcare professionals’ practice acts must also be considered, as they often limit the corporate entity options available to each profession.
Like all other businesses, you need employment policies and procedures. You may also need help distinguishing between an employee and an independent contractor. But because of the heightened regulatory compliance burdens imposed upon healthcare providers, your employee relationships are also governed by HIPAA, state medical privacy laws, or professional licensure requirements.
General Counsel / In-house Counsel
Most hospitals and larger healthcare entities now maintain robust in-house counsel offices—a solution that is infeasible for smaller practices. Jackson LLP offers all of the same benefits, but without an on-site, in-office legal team. Our corporate counsel services give you peace of mind. Your legal and compliance needs will be looked after by healthcare attorneys who understand your practice’s culture and needs.
Jackson LLP helps you protect your intellectual property. Our attorneys can perform a comprehensive trademark search, provide you with a written analysis of your desired trademark’s availability. Then, if our analysis is favorable, we can prepare your federal trademark application and file the application with the USPTO.
Real estate transactions within healthcare have become increasingly common as the healthcare market consolidates. Jackson LLP’s attorneys are ready to guide you through this process. We also assist with less common healthcare-focused real estate concerns. This includes evaluating real estate transfers for compliance with the Stark Law, federal Anti-Kickback Statute, and other state and federal healthcare regulations and laws.