Key Contact(s)
Kutak Rock’s Healthcare Litigation Group of nearly 30 attorneys protects a comprehensive list of healthcare clients—from large medical practice groups, health systems and home health providers to smaller ancillary medical suppliers, laboratories and pharmacies— in civil, criminal and administrative litigation.
The strength of our healthcare litigation team comes from decades of focused legal representation to America’s most well-known healthcare clients when they need to skillfully resolve disputes in state and federal courts, investigations, and with private and governmental adversaries. This industry knowledge provides proactive compliance and risk management counseling to mitigate, avoid or narrow exposure. Our team includes seasoned trial attorneys, former prosecutors and regulatory officials who efficiently coordinate with subject matter experts from the firm’s corporate and regulatory healthcare group to provide integrated, multifaceted representation for clients: one-stop shopping in most cases.
Our Healthcare Litigation Clients
Our team of seasoned and respected healthcare litigation attorneys regularly provides trusted legal services to:
- National and regional hospital systems;
- National and regional hospital systems;
- Physicians and physician practice groups, ambulatory surgical centers and medical imaging and dialysis providers;
- Dental professionals and dental practice groups;
- Long-term care facilities (national, local, nonprofit and for profit);
- Home health agencies (national, local, nonprofit and for profit);
- Physical, occupational and speech therapy providers (national, local, nonprofit and for profit);
- Individual medical and dental professionals;
- Pharmacies (national, local and independent);
- Various medical, dental and other providers regarding licensure issues;
- Medical and Dental managed care organizations, and affiliates;
- Medical Management Services Organizations (MSOs) and Dental Services Organizations (DSOs);
- Medical technology and service providers; and
- Medical device and equipment manufacturers and vendors.
Our Healthcare Litigation Services
From internal and governmental investigations to employee benefits disputes and disciplinary proceedings, we offer a spectrum of legal services, including:
- False Claims Action litigation;
- False Claims Act litigation;
- Professional arrangements, including representation of medical or dental providers (and practice groups) in disputes with employees, vendors, shareholders, management companies (MSOs and DSOs), government agencies and others;
- Practice ownership disputes;
- Healthcare fraud and abuse, including internal and governmental investigations and litigation relating to reimbursement, Anti-Kickback, Stark, Medicare and Medicaid issues, and other state and federal civil and criminal laws;
- Administrative actions and appeals, including facility and individual licensure disputes, bid protests and provider exclusions, suspensions and debarment;
- Medical Staff actions, and Medical/Dental Board disputes and licensure proceedings;
- Employment-related EEOC, NLRB and/or OSHA charges or complaints and litigation filed by medical staff;
- Litigation, advice and counseling regarding medical staff complaints related to discrimination, harassment, leave, pay, working hours, safety, joint employment, and other matters, as well as drafting templates, forms, codes of conduct, policies, procedures and handbooks applicable to medical entities;
- Litigation relating to enforcement of restrictive covenants applicable to medical entities and/or individual medical staff, as well as drafting, revision and advice regarding such covenants and related contractual provisions;
- Defense of public accommodation claims from hospital facility patients or visitors;
- Complex litigation representing hospitals and systems in commercial, securities and employee benefits litigation (including class actions);
- Medical staff bylaws, credentialing, peer review proceedings and related litigation;
- Investigative subpoenas, deposition defense/preparation and related motions practice;
- Representation of hospital and other providers in reimbursement disputes, internal administrative appeals and related litigation;
- Direct defense of hospitals and healthcare professionals in medical negligence actions;
- Antitrust defense litigation, related investigations statutory and common law unfair competition litigation and regulatory proceedings; and
- Litigation and disputes, including governmental investigations, relating to business reorganizations and financial restructuring.
Recent Healthcare Litigation Focus Areas:
- Representations of hospital systems in extensive litigation and administrative tribunals in connection with claims involving antitrust, unfair competition, and breach of contract;
- Representation of surgical hospital system, and affiliates, relating to enforcement of non-compete relating to private equity investment;
- Representation of hospital system in arbitration of reimbursement disputes against major health insurer;
- Representation of both physicians/dentists and private equity owners in shareholder, ownership and leasehold disputes;
- Representation of multiple physician practices and dental practices in complex disputes and exit strategies against management companies and private equity and other owners of practices, including in Nebraska, Iowa, New Jersey, Louisiana, Indiana, Arizona, Arkansas, New York, South Carolina, Colorado, Kansas, Missouri, Pennsylvania and other locations; these disputes have generally also required interactions at various levels with medical/dental boards and other regulators;
- Representation of medical and dental providers (organizational and individual clients) in False Claims Act litigation;
- Representation of physicians, dentists, pharmacists, and other practitioners in licensure investigations and disputes with local attorneys general and professional boards;
- Representation of medical and dental managed care companies in bid protest litigation, FOIA litigation, and civil and administrative disputes, including in Nebraska, Iowa, Kansas, Missouri, Michigan, Oklahoma, Florida, Louisiana, Nevada and Arizona;
- Representation of medical and dental professionals seeking to separate from DSOs, MSOs, and franchised systems; HIPPA and privacy-related disputes and investigations;
- Representation of hospitals, medical and dental practices and other organizations in connection with non-compete, non-solicitation, non-disclosure and other agreements with individual practitioners, and in connection with transactions involving sales of businesses and investments in same; and
- Representation of surgery center system in response to complaints related to public accommodation of patients.
January 24, 2017
Sorett, Fuller author Law360 Article on False Claims Act Lessons Health Care Companies Can Learn From Recent Escobar RulingSorett, Fuller author Law360 Article on False Claims Act Lessons Health Care Companies Can Learn From Recent Escobar RulingSorett, Fuller author Law360 Article on False Claims Act Lessons Health Care Companies Can Learn From Recent Escobar Ruling
HealthcareHealthcareHealthcareHealthcare LitigationHealthcare LitigationHealthcare Litigation
9 Min Read