Healthcare

Healthcare Practice Overview

Service to the healthcare industry is the cornerstone of our legal practice. Our healthcare practice includes industry veterans who have been developing innovative solutions to the challenges faced by healthcare providers for more than 35 years.

Driving value and providing efficient service delivery are two major reasons why healthcare clients choose to work with EM³. We provide solutions to regulatory, transactional, litigation and day-to-day operational challenges, including those faced by the industry now, during an unprecedented pandemic. As the vast health care space continues to expand and consolidate, our clients come to us because we have provided service to a range of industry clients across the entire health care continuum, from individual physicians, dentists, physician groups, Federally Qualified Health Clinics, hospital and health systems, nursing homes, assisted and skilled nursing facilities, home health agencies, ambulatory surgery centers, imaging centers, behavioral health providers, laboratories, telehealth providers, health care tech, pharma and device trial and research companies, health tech entrepreneurs and growth stage companies to DME suppliers, pharmacies, clinical research organizations, and many other health care providers and businesses.

We have particular experience serving clients at the intersection of healthcare and technology, including, on matters related to digital health, mobile health, telemedicine and data privacy and security. Our team is composed of veteran attorneys, several of whom have served as in-house counsel to public and private companies in the industry, and whose clients appreciate their ability to provide practical answers to complex questions.

We provide counseling on key regulatory issues (e.g., Stark, Anti-Kickback Statute, licensure and certification). Our team uses its decades of experience inside the industry to counsel clients enable them to identify, avoid, and (when necessary) resolve difficult regulatory compliance issues. We support clients by proactively structuring relationships and business practices to enable compliance with federal and state health care laws. We regularly advise our clients on structuring transactions, standard operation procedures, and responding to government inquiries so they can achieve their business goals and minimize compliance risk. We analyze and provide support on challenging reimbursement compliance issues for both public and private payors.

We also have significant experience working with large and medium sized physician practices, single-specialty super groups, physician practice management companies, dental service organizations, multi-specialty groups, and chronic care and remote patient management/telehealth companies.

The expansion of private capital into the industry has led to our engagement on our clients’ most significant transactions including mergers and acquisitions involving strategic and financial buyers, joint ventures, commercial finance and securities, real estate transactions, and key persons’ employment issues. Our skilled lawyers in corporate M&A support this work with proven track records on behalf of sellers and buyers in any corporate transaction. Private equity and venture capital firms and healthcare specialty lenders leverage our deep understanding of the healthcare regulatory environment in investments and commercial finance transactions.

In commercial transactions and related disputes our clients rely on us to provide counsel and representation on enforcing or defending against provider non-competes and other restrictive covenants, shareholder disputes, Medicare or other governmental or private payor audits and investigations, professional licensing matters, privacy and cyber-security issues, and compliance with the HIPAA, False Claims Act, Stark, Anti-Kickback and other related Federal and State laws.

EM³ is a trusted advisor to many of the nation's largest healthcare providers, and we have played a significant role in shaping the industry and the markets our clients serve. Our attorneys provide counsel to organizations across virtually every sector of the industry - from multi-facility health systems to start-up healthcare IT companies, to specialty lenders, private equity firms and other healthcare investors. Depth, experience, insight and acumen make EM³ a partner of choice in the healthcare industry.