Health Care

Jennings Strouss provides legal services to a wide variety of health care entities and provider organizations. These include:

  • Hospitals,
  • Providers, physicians and physician groups,
  • Managed care companies,
  • Health maintenance organizations,
  • Medical research organizations,
  • Medical device manufacturers,
  • Hospices, nursing homes, and assisted living facilities,
  • Life science companies, software developers, and professional consultants specializing in the health care field.

Our health law attorneys are experienced in the highly regulated health care industry, including commercial transactions, regulatory matters, medical staff matters, professional licensure and discipline, health care contract and managed care litigation, antitrust compliance, intellectual property strategy, labor and employment matters, medical malpractice defense, medical products liability defense, and tax-exempt financing.

The multidisciplinary health care practice at Jennings Strouss has the experience and diversity to provide responsive, high quality legal services to meet the increasingly complex health care issues facing the industry.

Corporate Transactions

The firm's commercial lawyers have assisted our health care clients in a variety of transactional matters, including corporate organization and governance matters, mergers and acquisitions, joint ventures and partnerships, contract preparation, real property matters, trademark and copyright, licensing, contract preparation tax-exempt bond financing, commercial loan transactions.

We have also rendered advice and prepared documents for mergers and acquisitions by and between hospitals, managed care entities, hospices, and other health care providers.

Jennings Strouss attorneys have assisted hospital clients in the acquisition of property for hospital expansion, preparation of architectural and construction contracts for projects ranging up to multi-million dollar renovation of hospital facilities and have represented clients in the leasing of office space for medical practices in hospital-owned buildings.

Antitrust

Our antitrust attorneys regularly counsel on negotiations with payor organizations, mergers and acquisitions, structuring joint ventures among health care providers and payors, group purchasing arrangements, information exchanges, physician access to facilities, exclusive contracts, most-favored nation clauses, and the application of the health care antitrust guidelines promulgated by the FTC and Department of Justice.

Joint Ventures

Jennings Strouss advises hospitals on joint ventures and other arrangements with physicians and other entities. Our attorneys structure and negotiate agreements between hospitals and physicians that comply with IRS regulations applicable to non-profit organizations. We assist in the organization of successful equity joint ventures, medical practice acquisitions, and other creative arrangements.

Medical Staff Matters

Through a variety of regulatory and transactional matters, the firm has substantial experience in matters involving hospital and managed care organization medical staffs. We have prepared, reviewed and revised medical staff bylaws, peer review issues, credentialing, and physician disciplinary actions for a number of hospitals. On behalf of our clients, our health care attorneys have provided advice and representation in every aspect of the credentialing and fair hearing processes, including judicial review.

Tax Exempt Organizations & Exempt Financing

Our attorneys have worked with clients on issues affecting tax-exempt organizations, including obtaining and maintaining tax-exempt status; the use of taxable or tax-exempt subsidiaries, joint ventures, HMOs and alternate delivery systems; avoiding private inurement; and minimizing the tax on unrelated trade or business income. We have also assisted clients in structuring their fundraising programs with a special emphasis on planned giving. We serve regularly as borrower's disclosure or underwriters’ counsel in connection with 501(c)(3) financings.

Technology & Licensing

Our health care attorneys, working together with the firm's technology group, have worked with numerous clients on the technology and privacy issues associated with electronic medical records and clinical information systems, and other cutting-edge issues including open source software, web-based personal medical records systems and other new technologies. Our health care lawyers bring their knowledge of HIPPA privacy and security and other health law regulatory matters to assist our technology lawyers in negotiating software solutions for the firm's health care clients.

We also assist with the licensing of adjudication software applications and provide strategic advice regarding software functionality in connection with electronic transmission standards.

Litigation

Our health care litigation team is distinguished by its long standing reputation for winning trials and achieving successful outcomes for our clients.

Long Term Care/Nursing Home

The firm's litigation attorneys are experienced in defending assisted living facilities, nursing homes and skilled nursing centers against claims of elder abuse as well as advising them how to reduce and manage their liability risks. Our attorneys regularly represent long term care center owners, administrators, and affiliated providers such as consultant pharmacies in matters ranging from insurance coverage disputes to lawsuits filed in Federal and State Courts seeking damages under Arizona’s Vulnerable Adult statutes.

Managed Care

The firm has significant experience in all aspects of HMO and managed care litigation issues, including ERISA and non-ERISA health care coverage and employee benefit issues, managed care contract disputes, provider termination issues, reimbursement, antitrust, peer review and credentialing, as well as representation of health maintenance organizations and physician-providers in quality assurance matters and fair hearings.

Jennings Strouss has been engaged by national health care companies to defend class action litigation cases arising out of the termination of Medicare plans, reimbursement of providers and rate setting. The firm has significant experience in the defense of individual plan rescission cases.

We also have unique experience in representing Medicare Advantage health maintenance organizations in coverage, contract and payment issues with providers, Medicare enrollees and the Center for Medicare & Medicaid Services (CMS). Our attorneys understand the complex contractual and financial relationships among payors and providers, and have experience in all aspects of managed care contracts, accreditation and credentialing, reimbursement and appropriate utilization activities. The firm counsels insurance companies and third party administrators in litigation and regulatory matters.

Medical Malpractice

The firm’s litigation attorneys are highly experienced in defending health care providers in medical and dental malpractice actions. We represent hospitals, health care systems and managed care entities in their medical malpractice litigation and also provide representation to physicians and health care providers insured by a major physician-owned insurance carrier.

Product Liability

We also represent manufacturers of medical devices in complex litigation proceedings. The firm’s litigators have also successfully defended medical product manufacturers in product liability actions.

Regulatory Matters

Our health care attorneys provide assistance on HIPAA, Medicare Fraud and Abuse, self-referral issues under the Stark law and Arizona Department of Health Services regulations. We have extensive experience in Arizona Department of Insurance matters, including regulatory compliance and challenges to state mandated benefits on behalf of health plans and insurers.

Biotechnology & Life Sciences

Jennings Strouss attorneys have extensive experience in the rapidly evolving and often complex legal areas affecting biotechnology and life sciences companies. Our lawyers advise our life science clients on intellectual property strategies, patents, the FDA regulatory process, venture capital, government funding strategies, and numerous types of agreements and transactions, including, licensing, partnership, strategic alliance and collaboration agreements. Our litigators provide patent and intellectual property protection and defend clients in liability and commercial claims.

HIPAA Counseling

In addition to the more than fifty years of combined experience in health care, our HIPAA attorneys have significant experience in rendering advice on and assessing compliance with HIPAA requirements. Our attorneys provide compliance counseling with respect to the applicability and interpretation of the HIPAA Privacy Rule, Security Rule, and Electronic Standard Transactions and Code Sets Rule. We also have extensive experience negotiating and drafting trading partner agreements, business associate agreements, data use agreements, and the multitude of HIPAA mandated notice, policies, and procedures. For our covered entity clients, we review and revise HIPAA compliant documents such as notices of privacy practices and authorizations for the use and disclosure of protected health information. Our HIPAA analysis is uniquely tailored to the individual characteristics and covered functions of our clients.

Labor and Employment Law

The attorneys in the firm’s Labor and Employment Group are called upon to advise our health care clients on a variety of labor and employment issues, such as equal employment opportunity and employment discrimination requirements, sexual harassment, the Americans with Disability Act (ADA), the Family and Medical Leave Act, covenants not to compete, labor relations matters, wrongful discharge, wage and hour issues, and state and federal laws affecting employment policies. In addition, our attorneys have successfully defended the firm’s health care clients, including a number of major hospitals, in a wide variety of employment-related lawsuits brought by their former employees. The firm’s lawyers also regularly advise clients on the new legislative actions affecting employers.

Patients’ Rights and Confidentiality

Through our representation of health care providers, we have been frequently called upon to give advice on a variety of issues related to informed consent, withholding or terminating treatment, the requirements of the Omnibus Budget Reconciliation Act of 1990, retention, disclosure and confidentiality of medical records, and the medical/moral issues related to these matters. In addition, we have prepared record release and informed consent forms, drafted policies and procedures regarding informed consent, the release of medical records and the withholding or termination of treatment, and have lectured extensively on these issues.

Professional Licensing and Discipline

The firm has substantial experience in representing physicians, dentists, psychologists, and other health care professionals in licensing and discipline matters. We have represented health care professionals before state licensing and regulatory boards and have advised them from the application stage through the successful appeal of licensure denial. We have also represented the regulatory boards adverse to licensees, and our attorneys have had experience serving as members of the boards.