Healthcare & Life Sciences
EM³ brings deep sector knowledge and cross-disciplinary teams to healthcare and life sciences clients, from individual physicians and physician groups to Federally Qualified Health Centers, hospitals, and health systems, and handles complex regulatory and transactional work.
Overview
EM³'s Healthcare and Life Sciences practice offers industry leaders sector knowledge, legal experience, and commercial and government insight. Cross-disciplinary teams drawn from healthcare regulatory, corporate, litigation, and transactional groups provide practical guidance and vigorous representation in a wide range of legal matters that a healthcare or life sciences company may encounter.
Client Types
The Firm represents a broad spectrum of healthcare industry participants, including individual physicians, physician groups and group practices, hospitals and health systems, ambulatory surgical centers, long-term care facilities, behavioral health providers, home health agencies, digital health companies, and healthcare investors and private equity sponsors.
Team Experience
Our team includes attorneys who have served in senior positions at leading healthcare companies and health systems. The Firm regularly handles commercial and regulatory matters before HHS, CMS, state Medicaid agencies, and other state and federal agencies. This breadth of experience allows the Firm to put the right team on each engagement, whether the matter involves early-stage counseling, M&A, regulatory advice, or the resolution of complex commercial, intellectual property, or securities disputes.
Regulatory Compliance
The Firm's regulatory practice addresses the full range of healthcare compliance obligations, including the Stark Law (physician self-referral), the Anti-Kickback Statute, HIPAA and HITECH privacy and security requirements, the False Claims Act, state licensure and certificate-of-need laws, and conditions of participation for Medicare and Medicaid. Our attorneys design and implement compliance programs, conduct internal investigations, respond to government inquiries, and defend enforcement actions.
Healthcare M&A
The Firm advises on mergers, acquisitions, joint ventures, and affiliations across the healthcare sector. Our healthcare M&A practice addresses the unique regulatory overlay that accompanies transactions in this industry, including change-of-ownership approvals, licensure transfers, certificate-of-need requirements, Stark and Anti-Kickback analysis of post-closing arrangements, and Hart-Scott-Rodino filings. The Firm represents buyers, sellers, and investors in transactions involving physician practices, ambulatory surgical centers, behavioral health platforms, home health agencies, and healthcare technology companies.
Insight
The Firm's broad client base and presence in healthcare and life sciences hubs provide clients with an expansive view of the commercial, scientific, regulatory, and political developments that affect them. The Firm understands how established regulatory regimes function and develops effective strategies for regulation that is increasingly dynamic and uncertain.
Approach
The Firm draws on decades of experience and a culture of innovation to provide practical, efficient, and effective advice that lets clients handle complex and consequential matters, including sophisticated commercial and regulatory issues as well as precedent-setting litigation.
Focused Advisory Areas
- Healthcare transactions and M&A
- Stark Law and Anti-Kickback Statute compliance
- HIPAA and HITECH privacy and security
- False Claims Act defense and compliance
- State licensure and certificate-of-need
- Clinical trials and research agreements
- Digital health and telemedicine
- Healthcare fraud and abuse compliance
- Reimbursement and payment matters
- Healthcare litigation and disputes
