Contacts
- Eric Klein Leader248-203-0891
Professionals
- Aben, Gerald
- Adams, Phyllis
- Alexander, Ryan
- Bockus, Jane
- Boonin, Robert
- Buckley, Sean
- Camp, Erin
- Carruthers, Alison
- Colao, Brian
- Doerr, Andrew
- Feld, Jonathan
- Fillingham, Ann
- Gifford, Jeffrey
- Gordon, Gary
- Gould, Dean
- Graham, David
- Halm, Richard
- Hanselman, Jason
- Iwrey, Howard
- Klein, Eric
- Klein, Michael
- Koh, Jin-Kyu
- Mayfield, Bonnie
- Mayfield, Denise
- McElroy, Donna
- Mooradian, Serj
- Muskovitz, Melvin
- Nelson, Robert
- Padalino, David
- Reed, Kathleen
- Rockey, Cody
- Rushing, Danielle
- Ryan, J. Patrick
- Schehr, Thomas
- Sherwood, Andrew
- Smith, Jr., James
- Steinfield, Arlene
- Stern, Daniel
- Zaniewski, Jamie
Related Practices
Related Sub-Practices
- Adoption & Assisted Reproductive Technology
- Ambulatory Care Providers
- Bioethics & End-of-Life Care
- Biotechnology and Life Science
- Health Care Administrative Law & Regulatory Appeals
- HIPAA—Health Information Privacy & Security
- Hospitals and Health Care Systems
- Long-Term & Post-Acute Care Providers
- Nonprofits & Tax-Exempt Organizations
- Pharmacies, DEA & Robinson-Patman/340B Drug Programs
- Physicians, Dentists and Non-Physician Practitioners
Related Industries
Overview
Our attorneys represent a broad spectrum of health care clients (including facilities, practitioners and payors) regarding federal and state legal issues. Our years of experience with the health care industry provide us with an acute understanding of providers, as well as of the related businesses that are part of the health care system. We counsel clients on matters that are unique to the health care industry, as well as the broader corporate, tax, and regulatory matters that all U.S. business entities face today.
Our industry-specific services include:
Fraud and Abuse/Self-Referral Regulation
- Analyze and structure transactions to comply with state and federal laws
- Compliance plans and training
- Structure compliant practitioner practice arrangements
Enforcement Actions
- Civil and criminal false claim investigations and enforcement actions
- Qui tam (whistleblower) litigation
- Representation before the FTC, Department of Justice, federal and state legislatures and agencies
- Payor audits
Licensure and Certification
- Secure initial Medicare certification for new providers
- Departicipation proceedings/draft plans of correction
- Licensure surveys
- Coordinate licensure and certification during changes of ownership
- Practitioner scope of practice issues
Certificate of Need
- Develop CON strategy and conduct agency negotiations
- Prepare CON applications
- Advise regarding payor "evidence of necessity" requirements
Accreditation
- Counsel regarding accreditation standards
- Represent clients in connection with denial and termination of accreditation
Third-Party Payment
- Negotiate managed care and other payment contracts
- Medicare, Medicaid and payor payment disputes (internal appeals and litigation)
- Medicare PRRB appeals
- Analyze reimbursement consequences and related compliance issues
- Counsel regarding compliance with payor requirements
Managed Care
- State and federal regulation of managed care organizations, including license and reserve requirements
- Provider and subscriber contracts
- Permissible risk and payment arrangements
Medical Staff
- Medical staff bylaws and rules
- Policies (e.g. impaired practitioners and codes of conduct)
- Contested medical staff proceedings
- National Practitioner Data Bank and state reporting obligations
Financing
- Income and property tax advice, including tax-exemption issues
- Tax-exempt and other financing
- Analysis of private use and change-of-use limitations
- FHA-Insured financing/ HUD Section 232 loans for long-term care facilities
Patient Care Issues
- End-of-life care and medical ethics issues
- Consent policies and forms
- Specialized treatment issues (e.g. mental health, substance abuse, AIDS)
- Difficult discharge planning cases
Clinical Research
- IRB compliance
- Research contracts
- FDA audits
Emergency Services
- EMTALA requirements and enforcement proceedings
- Medical control authorities
Professional Liability
- Litigation defense
- Draft and review policies to reduce liability risk
With regard to general corporate counsel to health care clients, Dykema lawyers assist clients with the following:
- Reorganizations, acquisitions, mergers, affiliations and joint ventures
- Representation before the FTC, Department of Justice, federal and state legislatures and agencies
- Securing and maintaining tax-exempt status
- Antitrust counsel on mergers, consolidations, joint ventures and physician contracts
- Income and property tax advice
- Contracts, including outsourcing contracts and educational affiliations
- Employment policies and litigation
- ERISA and related issues
- Federal and state campaign and lobbying statutes
- Intellectual property, such as patents, trademarks and service marks
- Joint and cooperative ventures with a broad range of entities
- Employment practices and litigation
- Labor issues, including collective bargaining and contract negotiation
- Real estate, land use, and construction matters
News
- April 1, 2020
- May 20, 2019
- May 8, 2019
- February 20, 2019
- February 14, 2019
- December 1, 2018
- November 5, 2018
- August 23, 2018
- May 23, 2018
- April 24, 2018
- April 2, 2018
- April 2018
- February 26, 2018
- February 26, 2018
- October 2, 2017
- March 22, 2017
- November 14, 2016
- March 17, 2016
- May 26, 2015
- April 24, 2015
- February 17, 2015
- December 2, 2014
- November 26, 2014
- July 1, 2014
- June 6, 2014
- May 1, 2014
- April 28, 2014
- April 16, 2014
- March 17, 2014
- February 16, 2014
- January 15, 2014
- January 2, 2014
- November 20, 2013
- September 23, 2013
- September 13, 2013
- September 3, 2013
- August 30, 2013
- August 21, 2013
- August 2, 2013
- July 9, 2013
- May 22, 2013
- May 16, 2013
- May 15, 2013
- May 8, 2013
- March 19, 2013
- March 6, 2013
- March 5, 2013
- February 13, 2013
- November 7, 2012
- June 28, 2012
- June 14, 2012
- Modernhealthcare.comSeptember 8, 2011
Press Releases
- January 12, 2021
- November 5, 2020
- September 18, 2020
- August 20, 2020
- April 16, 2020
- March 6, 2020
- January 29, 2020
- January 7, 2020
- November 1, 2019
- August 22, 2019
- August 15, 2019
- June 3, 2019
- March 7, 2019
- November 1, 2018
- September 17, 2018
- September 10, 2018
- September 7, 2018
- August 15, 2018
- March 12, 2018
- February 5, 2018
- January 25, 2018
- January 23, 2018
- November 1, 2017
- September 18, 2017
- September 5, 2017
- August 15, 2017
- March 8, 2017
- January 13, 2017
- November 1, 2016
- September 6, 2016
- September 1, 2016
- August 15, 2016
- June 13, 2016
- January 27, 2016
- January 11, 2016
- November 16, 2015
- November 2, 2015
- September 8, 2015
- September 8, 2015
- August 18, 2015
- August 3, 2015
- February 9, 2015
- January 13, 2015
- November 20, 2014
- November 3, 2014
- February 5, 2014
- January 9, 2013
- August 23, 2012
- October 27, 2011
- July 5, 2011
- June 13, 2011
Publications
- Law Journal Newsletters - Business Crime BulletinsMarch 2019
- The Bankruptcy StrategistAugust 1, 2018http://www.lawjournalnewsletters.com/2018/08/01/due-diligence-in-distressed-community-hospitals/
- State Bar of Michigan: Health Care Law SectionJuly 5, 2018
- Michigan Family Law Journal, Vol. 48 No. 6June/July 2018
- Journal of Health & Life Sciences Law, Vol. 10, No. 2February 2017
- “Protect Your Dental Practice from Government Scrutiny—Watch for Medicare and Medicaid Overpayments”DentistryIQFebruary 11, 2016
- Physicians News DigestNovember 19, 2014http://www.physiciansnews.com/2014/11/19/medical-practices-must-balance-employment-law-and-patient-care
- "Strategic Perspectives—California 'food court' dominates 2013 food litigation on misleading and deceptive labeling claims"Wolters Kluwer Health Law DailyDecember 2013
- May 2013
- "Health Care Law After the Patient Protection and Affordable Care Act"Michigan Bar JournalJune 2011
Events & Speaking Engagements
- April 3, 2020
- January 24, 2019
- July 18, 2018
- June 19, 2018
- January 24, 2018
- June 15, 2017
- April 20, 2017
- March 7, 2017
- January 25, 2017
- January 20, 2017
- March 16, 2016
- January 29, 2016
- March 24, 2015
- Michigan Continuing Care Community Disclosure Act, Presenter and Panelist, LeadingAge Michigan Living Care Disclosure Act SymposiumFebruary 25, 2015
- Non-Physician Practitioners - What May They Do? What May They Bill? Key Compliance Issues for 2015 SeminarJanuary 22, 2015
- Negotiating Managed Care Contracts With MCOs, ACOs and for Health Exchange Products, Strafford Publications, (Co-Presenter)November 11, 2014
- Engineering a New Model of Physician Integration in SNFs, Health Care Association of Michigan Annual Meeting, Grand Rapids, MichiganSeptember 14, 2014
- Moving Forward on Accountable Care System, Panel Participant, LeadingAge Michigan Annual Leadership InstituteAugust 2014
- Federal Regulatory Update: HIPAA/HITECH & More, DSO ConferenceMay 15, 2014
- Federal Regulatory Health Care Regulatory Update, Institute for Continuing Legal Education, Annual Health Law InstituteMarch, 2014-2010
- Federal Regulatory Hot Topics, Healthcare Financial Management Association, Michigan Fall Conference2014-2010
- Peer Review Confidentiality – How to Get It. How to Keep It., Michigan Association of Medical Staff Services Annual MeetingMay 2014
- Compliance Issues in Corporate Transactions, Healthcare Financial Management AssociationApril 11, 2014
- HIPAA: Complaints, Investigations, and Audits, Healthcare Financial Management AssociationApril 11, 2014
- Health & Welfare Compliance, Hylant Group Employee Summit2014
- Drugs and Devices - What's New, (Co-Presenter), Institute of Continuing Legal EducationMarch 7, 2014
- Laws and Regulations that Shape the Health Care System, Oakwood Physician Leadership AcademyMarch 2014 and August 2012
- Compassionate and Compliant End of Life Care in Skilled Nursing Facilities, American Health Lawyers Association, Long-Term Care and the Law, Las Vegas, NevadaFebruary 19-21, 2014
- Health Insurance Exchanges: A Brief Overview, Strafford Publications (Co-Presenter)February 5, 2014
- HIPAA/HITECH Update for Physician Practices, United Physicians, 2014 Winter Leadership Meeting, Pontiac, Michigan, February 4, 2014; and 2013 Office Manager Meeting, Bloomfield Hills, Michigan, December 3, 2013
- HIPAA: Complaints, Investigations, Audits (and Other Things That Go Bump In The Night), Health Care Financial Management Association, 2014 Key Compliance Issues, Bloomfield Hills, MichiganJanuary 23, 2014
- Mergers and Acquisitions, Healthcare Financial Management AssociationJanuary 23, 2014
- Stark Law Update, Key Compliance Issues for 2014January 23, 2014
- Home the Aged Regulatory Update, Panelist, LeadingAge MichiganNovember 2013
- Federal Regulatory Hot Topics, Healthcare Financial Management Association, West MichiganNovember 2013
- Managed Care Contracts in the Age of Health Care Reform, Strafford Publications, (Co-Presenter)October 9, 2013
- The Nuts and Bolts of Managed Care, American Health Lawyers Association, (Co-Presenter)September 19, 2013
- Health Care Reform Update: Employer Guidelines for 2014, Michigan Chamber of Commerce, (Co-Presenter)September 10,12 and 17, 2013
- Hot Topics - SNFs, American Health Lawyers Association Annual Meeting, San Diego, CaliforniaJuly 1-3, 2013
- The Sunshine Act: How to Avoid Getting Burned by Health Care Reform, American Bar Association, (Co-Presenter)June 4, 2013
- Impact of PPACA on Small Businesses, Ann Arbor Small Business AssociationMay 29, 2013
- Protection and Advocacy Systems: Self-Proclaimed Caped Crusaders or Strategic Allies? LeadingAge Michigan Annual Meeting, Grand Rapids, MichiganMay 20, 2013
- Certificate of Need—Understanding your Market, LeadingAge MichiganApril 25, 2013
- ZPIC Audits – What You Need to Know in 2013, Michigan Association of CPAs Annual Health Care ConferenceApril 2013
- Electronic Health Record and HIPAA Compliance, Healthcare Financial Management Association, (Co-Presenter)March 12, 2013
- Impact of the ACA on Public Employers, Rehmann Group2013
- Health Care Reform Update: Employer Guidelines for 2014, Michigan Chambers of Commerce (Troy, Lansing and Novi)2013
- COBRA Audit Guidelines, Lorman Educational Services2013
- Clinical Integration: A Vehicle for Hospital Benefits to Physicians? Key Compliance Issues for 2013January 24, 2013 and March 12, 2013
- Purchasing, Handling and Transferring Prescription Drugs and Controlled Substances: Compliance Considerations, Key Compliance Issues for 2013 SeminarJanuary 24, 2013
- Compliance in Mergers and Acquisitions, Healthcare Financial Management AssociationJanuary 24, 2013
- Legal Overview: Impact of Health Reform on Drugs, Diagnostics and Device Companies, West Michigan Science & Technology Institute, Grand Rapids, MI,December 27, 2012
- 501(c) Not (3), TE/GE CouncilOctober 19, 2012
- Stark, Plante Moran Healthcare SymposiumOctober 2012
- Medicare Hot Topics: 3 Day Payment Window and Services Furnished Under Arrangements, State Bar of Michigan Health Care Law Section Annual MeetingSeptember 2012
- EHR Billing Compliance IssuesMay 31, 2012
- Managed Care Contracting 101: Dissecting the Fundamentals for Litigators, American Conference InstituteMay 21, 2012
- Purchasing Physician Practices: What to Watch For Before and After the Closing, Healthcare Financial Management Association, Michigan Spring ConferenceMay 2012
- March 28, 2012
- Health Law Fundamentals, Institute of Continuing Legal EducationMarch 2012
- Compliance Issues for Exempt Organizations, Healthcare Financial Management Association,January 23, 2012 and March 24, 2012
- January 19, 2012
- What Is and Isn’t Your Hospital?, Key Compliance Issues for 2012January 19, 2012 and March 28, 2012
- More Hospitals Contemplating Consolidation in Era of Reform: A Case Study on Process and Outcomes, Michigan Health & Hospital Association (Webinar)July 2011
- To Employ or Not to Employ? Lawyers’ Perspective on Hospital-Physician Alignment, Inforum DetroitJune 2011
- Lessons Learned in Medical Staff Hearings and Appeals, Michigan Association of Medical Staff Services Annual MeetingMay 2011
- Healthcare Regulatory Update . . . Are You in Compliance, Michigan Association of CPAs, Annual Health Care ConferenceApril 2011
- Compliance Risks Now That You’ve Bought the Physician Practice, Key Compliance Issues for 2011January 13, 2011
- Regulatory Update, Michigan Association of Medical Staff Services, Annual MeetingApril 2010
- Physician Alignment - Drug and Supply Resale Issues, Key Compliance Issues for 2010January 14, 2010
- FAQ: Hospital – Physician Arrangements, Key Compliance Issues for 2010January 14, 2010
- Information about pre-2010 presentations is available upon request.
Articles & Alerts
- April 8, 2020
- March 9, 2020
- February 18, 2020
- January 31, 2020
- September 13, 2019
- May 15, 2019
- April 23, 2019
- March 27, 2018
- February 20, 2018
- February 2, 2018
- October 10, 2017
- May 3, 2017
- March 2, 2017
- February 1, 2017
- December 22, 2016
- November 28, 2016
- OCR Provides Safe Harbor for Non-English Taglines Required by §1557 of the Affordable Care ActSeptember 26, 2016
- September 9, 2016
- July 19, 2016
- July 19, 2016
- June 27, 2016
- April 19, 2016
- March 23, 2016
- March 10, 2016
- March 2, 2016
- October 30, 2015
- Duplicate Discounting, Recordkeeping, Audit and RepaymentOctober 7, 2015
- Covered Drugs, Replenishment, GPOs and Contract PharmaciesSeptember 29, 2015
- Covered Entity Eligibility, Registration and TerminationSeptember 9, 2015
- A More Restrictive Definition of “Covered Patient”September 1, 2015
- August 18, 2015
- June 17, 2015
- June 16, 2015
- April 21, 2015
- April 15, 2015
- March 19, 2015
- March 10, 2015
- February 27, 2015
- Court Rejects Argument the Transaction Was Necessary to Improve Efficiencies and Meet ACA GoalsFebruary 19, 2015
- February 16, 2015
- February 13, 2015
- July 24, 2014
- July 16, 2014
- July 10, 2014
- June 2, 2014
- May 29, 2014
- March 7, 2014
- March 4, 2014
- November 14, 2013
- November 6, 2013
- October 18, 2013
- August 2, 2013
- July 22, 2013
- July 17, 2013
- July 16, 2013
- July 8, 2013
- May 17, 2013
- April 26, 2013
- New Compliance Requirements Take Effect September 23, 2013; What You Need to Do NowFebruary 7, 2013
- February 5, 2013
- January 22, 2013
- July 11, 2012
- June 29, 2012
- June 28, 2012
- April 10, 2012
- April 3, 2012
- November 18, 2011
- November 16, 2011
- Revalidation Request Within 60 Days May Result in Severe PenaltiesNovember 11, 2011
- Summary of Benefits and Coverage Proposed Regulations, Templates, and Other Guidance IssuedOctober 6, 2011
- September 15, 2011
- September 7, 2010
- July 12, 2010
- June 24, 2010
- May 7, 2010
- April 26, 2010
- Impact on Employers and Employee BenefitsApril 1, 2010