Schwabe represents providers in new integrated models of delivery, complex transactions and joint ventures, telemedicine, fraud and abuse, and antitrust compliance.

Navigating a changing landscape

As healthcare laws and regulations continue to evolve, Schwabe is at the forefront of helping clients create new (and compliant) efficiencies and revenue sources. We guide providers through the changing corporate practice of medicine doctrines in various states, and through Affordable Care Act and other regulations covering the delivery of and payment for healthcare. Our healthcare attorneys:

• Form and advise Coordinated Care Organizations (CCOs) and Accountable Care Organization (ACOs)
• Assist in achieving regulatory compliance (Stark, anti-markup, anti-kickback, HIPAA and HITECH, EMTALA and antitrust)
• Represent clients before licensing boards and administrative agencies, and in state and federal investigations and false claims matters
• Help manage risks to data privacy and security, as well as data breach preparation, response, and ‎recovery.

We work with a diverse range of providers, including:

• Hospitals and health systems
• Physicians, medical groups and dentists
• Allied health professionals ‎‎(nurses, therapists, psychologists, chiropractors)
• Ancillary services (laboratories, diagnostic ‎imaging)‎
• Assisted living and long-term care facilities.

Focus on healthcare combinations

Schwabe's healthcare team understands the unique issues involved in healthcare business combinations. We have advised clients in dozens of mergers and acquisitions in Oregon and Washington, and assisted clients as they form or consider joining Coordinated Care Organizations.

We have extensive experience with hospital and health system combinations and joint ventures, clinical integration ‎with ‎clinicians and health plans, and physician contractual relationships. In addition, we have helped create and advised Accountable Care ‎Organizations, Patient Safety ‎Organizations, and ‎Coordinated Care Organizations. 

Significant Transactions

• Represent hospitals in sales or affiliations, creation of ambulatory surgery centers (ASCs), imaging centers, endoscopy centers, and joint hospital service lines.
• Created Oregon’s first Accountable Care Organization (ACO) qualified for participation in the Medicare Shared Savings Program.
• Represent hospitals and specialty medical groups in joint ventures, both for-profit and charitable, and physician-hospital organization (PHO) formations.

Physician Relationships

• Created independent physician associations (IPAs) in Oregon, Washington and Texas, some of which are affiliated with large healthcare systems.
• Represented over 1,500 Oregon dentists in Board of Dentistry matters and in practice acquisitions and sales.
• Advise on acquisition of physician practices, physician recruitment and employment, and compliance with the Stark and Anti-Kickback laws and the Internal Revenue Code.
• Advise hospitals and physicians on the revision of medical staff bylaws, medical staff peer review, the conduct of medical staff fair hearings, and ‎reports to the National Practitioner Data Bank.
• Successfully obtained nonimmigrant visas and permanent residence status for key physicians and researchers for a major medical university.

Regulatory Compliance

• Represent a leading cancer center in grant compliance for its academic researchers.
• Provide HIPAA compliance advice and data breach coaching.
• Represent numerous clients nationally in state and federal governmental investigations.

Antitrust

• Provide antitrust advice to hospitals and health systems, healthcare facilities, and medical and dental networks.

Risk Management

• Provide on-site general counsel services to a regional non-profit health organization for nearly two years during a national search for a replacement.‎
• Provide data breach preparation, response and recovery solutions to the largest single specialty physician group west of the Mississippi.

Healthcare Litigation

• Represent hospitals and clinics in anti-trust litigation, unfair trade practices litigation and contract disputes, as well as individual clients in peer review disputes and licensure matters for the health professions.

Legal Articles