Health Care
Health Care
Our health care practice is one of California's largest, having assisted providers in every segment of the health care industry with their legal needs for more than 65 years.
Health care is a complex and competitive field. As recognized experts in the issues that confront our clients, our attorneys are routinely called upon to serve clients in a wide variety of capacities. These include forming health provider entities; assisting in the business and regulatory aspects of mergers, acquisitions, and affiliations; obtaining and maintaining clients' tax exemptions; negotiating with payors; and advising providers regarding the myriad laws regulating and restricting their ability to do business with other providers, payors, and vendors.
A substantial part of our practice involves issues arising from our clients' operations. Examples are the state licensing laws and Medicare and Medi-Cal certification standards governing health care facilities; the privacy and security of electronic health information; compliance with federal and state laws prohibiting illegal referral fee arrangements, and advising regarding scope of practice issues.
Experience
- Corporate issues
- Tax and tax exemption matters at federal and state levels
- Tax-exempt bond financing
- Licensure
- Medicare and Medi-Cal certification
- Fraud and abuse
- Compliance plans
- Americans with Disabilities Act matters
- Professional contracts
- Managed care contracting
- Physician recruitment
- Payment/reimbursement
- Ancillary health services
- Medical staff credentialing, peer review, and QA activities
- Patient care issues
- Vendor relations
- Health information privacy and security
- Labor, employment, executive compensation, and employee benefits
Representative Clients
- Hospitals and hospital systems
- Physician groups
- Behavioral health providers
- Medical staffs
- Skilled nursing facilities
- Federally qualified health centers
- Home health agencies
- Hospices
- Air ambulance companies
- Health industry trade associations
- Integrated delivery systems
Key Contacts
News & Resources
Peer Review by Licentiates Only: Beware Health Care Service Plans!
While California law makes clear that peer review must be performed by licentiates, the California Court of Appeal recently emphasized that the only exception applies to governing bodies of acute care hospitals. Other peer review bodies, such as health care service plans, must ensure that peer review actions are taken by licentiates.
Federal Judge Vacates Key Provisions of CMS’s Nursing Home Staffing Mandate
The U.S. District Court for the Northern District of Texas vacated two key provisions of CMS's 2024 nationwide staffing mandate, the requirements that SNFs have a registered nurse onsite 24/7 and the onerous federal minimum staffing ratios.
SB 1451 Updates Some Requirements for 103 and 104 Nurse Practitioners
New California law clarifies transition to practice and disclosure requirements for 103 and 104 Nurse Practitioners.
New California Laws Prohibit Medical Debt Reporting and Require New Disclosure Language
California SB 1061 prohibits reporting of medical debt to consumer reporting agencies and requires disclosure of the reporting prohibition in contracts. Violations of the new law render contracts void and unenforceable.
CMS Ditching the Facility-Initiated Discharge and Ramping up Potential Penalties
Moving into 2025, CMS has noticed comprehensive revisions to its surveyor guidance, which are set to go into effect in February 2025. Skilled nursing facilities will need to prepare for these changes.
New Reappraisal Requirements for Residential Care Facilities for the Elderly
California residential care facilities for the elderly (RCFEs) face significant changes to their resident reappraisal requirements starting on January 1, 2025. These changes establish new standards for when and how RCFEs must evaluate their residents.
Regulatory Change Requires RCFEs to Include Firearms Policy in Admission Agreements
Effective January 1, 2025, regulatory changes will require all Residential Care Facilities for the Elderly (RCFEs) to include a firearms policy in their admission agreements. This new requirement applies whether the facility permits or prohibits firearms.
Acute Care Hospital Seismic Compliance Alert
As a result of California’s governor vetoing SB 1432, the seismic compliance deadline of January 1, 2030, stands. As a result, acute care hospitals that have not yet complied must either demolish, replace, or change to nonacute care use by 2030.
Analysis: Three 2024 Cases That Could Affect Healthcare Fraud Enforcement
This analysis looks at three federal cases that could have important implications for healthcare providers subject to an investigation or legal action under the Federal False Claims Act or the Civil Monetary Penalties Law.
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