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Health Care

Hospitals and physician organizations have consolidated, merged or affiliated with other organizations to drive new efficiencies or revenues. Schwabe's health care team has shepherded dozens of these mergers and acquisitions in Oregon and Washington. Schwabe is assisting multiple clients as they form or consider joining Coordinated Care Organizations.

Many hospitals have diversified into immediate care centers, nursing home management and cooperative arrangements with physician groups, health maintenance organizations and insurers. Schwabe's health care attorneys have helped their hospital clients navigate these waters successfully.

Health care professionals must adapt continually to regulatory developments. Schwabe's health care attorneys have rich experience working with physicians and physician groups in new business entity creation, CCO and ACO evaluation, financing, and in achieving regulatory compliance (Stark, Anti-markup, Anti-kickback, HIPAA and HITECH, EMTALA and antitrust).

Client Services

  • Business organization. Governance, ownership structure, and compliance planning. 
  • Development and documentation of transactions. Shareholder agreements, limited liability company operating agreements, physician employment contracts, employee benefit plans, dissolutions; in short, business arrangements of all kinds among and for health care providers.
  • Provider Networks. Forming relationships with and among HMOs, PPOs, IPAs, CCOs, and other health care entities, insurers, and lenders.
  • Licensing and regulatory disputes. Representation before licensing boards and administrative agencies.
  • Trials, arbitration, and mediation. Tradition and alternative dispute resolution.
  • Compliance plans. Comprehensive policies, procedures, and forms, Joint Commission updates, and Medicare requirements.
  • Joint ventures. Development of joint ventures with other health care providers.
  • Capital formation and expansion projects. Including real estate matters, lease arrangements, and construction matters.
  • Tax and estate planning. For individual physicians, for-profit practice entities, compliance strategies for tax-exempt nonprofit organizations, and real estate valuation issues.
  • Medical staff. Bylaw review and revision, representation of parties to Fair Hearings.
  • Patient rights and confidentiality. Disclosure of medical information (HIPAA and HITECH), EMTALA, and state law issues.
  • Legislative advocacy. Reimbursement, catastrophic insurance, Medicare and other legislative issues at the state and federal levels.

Representative Clients

  • Adventist Health
  • Bend Memorial Clinic, P.C.
  • Northwest Specialty Clinics
  • Oregon Anesthesiology Group, P.C.
  • Oregon Pulmonary Associates
  • Permanente Dental Associates, P.C.
  • Radiation Oncologists, P.C.
  • Trauma Specialists, Inc.
  • The Vancouver Clinic
  • Walla Walla General Hospital

Upcoming and Recent Speaking Engagements

Jennifer Franks is a faculty member of the May 21, 2013 Lorman Education Seminar on Medical Laws. Ms. Franks will be speaking on HiTech and HIPAA privacy and security. This Lorman seminar is now available for purchase on CD.

"Medical-Legal Ethics", OHSU Transition to Residency Program, March 4-5, 2013

Matters of Conscience (Recent Religious Challenges to the Patient Protection and Affordable Care Act), Bruce Howell, ABA Health eSource, February 2013

The Omnibus HIPAA Rulemaking: HIPAA's New Normal, Kelly Hagan, February 18, 2013

"Deciphering HIPAA in the Clinical Research Context", Biotronik, Inc., February 7, 2013

Bruce Howell was on a panel sponsored by the Bend, Oregon, Chamber of Commerce to discuss the implications of health care reform for employers and employees. The panel consisted of Mr. Howell, two certified public accountants, the executive director of Care Oregon, the official State of Oregon health insurance exchange, and a board member from that organization. The discussion focused on the preparation in 2013 for the effective date of the Affordable Care Act of January 1, 2014. Click here to watch a video about the discussion.

Schwabe Health Care Attorney Discusses Deciphering and Using HIPAA and Other Medical Records Laws, Western Regional Annual Conference of the University Student Legal Services Association, January 3, 2013.

Attorney Steve Bush Addresses Peer Review Privilege, Oregon State Bar's Health Law Section CLE, December 14, 2012.

Health Care Attorney Steve Bush Discusses Mandatory Child Abuse Reporter Obligations, Clark County, Washington Bar Association, December 10, 2012.

It Ain't Over 'Til It's Over, Cascade Business News, December 5, 2012.

Schwabe's Health Care Attorneys Discuss Risk Management Strategies for Dental Practices, Washington County Dental Society Conference, November 13, 2012.

Schwabe's Health Care Attorneys Discuss Health Care Reform, Oregon Ambulatory Surgery Center Association Annual Conference, November 8, 2012.


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