At Coppersmith Brockelman, our health care practice is nationally recognized. Our firm’s team is highly experienced in navigating the complex business, regulatory and operational issues facing health care providers and institutions, health plans, and the businesses serving them.
Our lawyers have worked extensively with a wide range of health care clients on a broad variety of Big Data issues, including:
We routinely provide counsel to academic medical centers and hospital systems seeking to establish biobanking programs. Our counsel includes:
Our lawyers have worked extensively with a wide range of health care clients – academic medical centers, hospitals, and clinics – on a broad variety of issues related to clinical research, including:
Our depth of knowledge in corporate governance and compliance issues allows us to serve as principal outside counsel to providers, governmental entities, and managed care organizations on a regular basis. In this role, we also advise on general corporate and structural matters and exempt entity issues for nonprofit organizations. We are proud to provide practical, client focused service in all these roles.
Our team is highly experienced with issues relating to health care institution electronic health record roll-outs, including subsidizing physician EHR purchasing and licensing in compliance with the Stark and Anti-Kickback Laws. We have also guided hospitals through the legal and health-information-management challenges in creating integrated or combined electronic medical records, in which legally separate legal entities share the same electronic medical records.
On a daily basis, we advise hospitals, clinics, medical staffs, practitioners and their groups, managed care organizations, and other entities on ongoing clinical operations as well as the development of medical staff/entity relationships and functions. This includes:
Our lawyers have represented health plans in some of Arizona’s largest and most difficult health care procurement processes and bid protest proceedings. These matters include both protesting and defending contract awards before agencies, administrative hearings at the Arizona Office of Administrative Hearings, and subsequent court proceedings. More specifically, we have addressed a wide variety of issues such as bidding procedures, conflicts of interest, scoring of bids, bidder responsibility and qualifications, statutory interpretation, scope of agency discretion, and similar complex problems.
We regularly represent clients with state and federal health care antitrust concerns in transactional and contested matters, including:
We are intimately familiar with the legal and practical issues involved in running health care operations at hospitals, clinics, ambulatory surgery centers and physician practices. Recognizing the fundamental links between effective operations, patient outcomes, and a provider’s success, we have authored successive editions of the Arizona Consent and Health Information Resource Manual, published in collaboration with the Arizona Hospital and Healthcare Association. Our work includes:
We helped create Arizona’s health information exchange (HIE), not only writing the Arizona HIE laws, but also guiding efforts through the integration of behavioral and physical health information. We are using our skills to advise other HIEs across the country and many hospitals participating in HIEs. We have also created private health information exchanges to support clinical integration initiatives and accountable care organizations.
Health care organizations and their business associates take information privacy and security very seriously. We share the same concern and authored the “HIPAA Privacy Tool Kit,” an extensive compliance manual and policies/forms for HIPAA compliance. The area of privacy and security is quite complex. We’ve flexed our ingenuity and know-how for clients in areas of:
We frequently work with health care trade associations, health care coalitions, and other groups to develop health policy initiatives and federal and state legislation and rulemakings. For example, we regularly advise the Arizona Hospital and Healthcare Association on proposed state and federal legislation and rules, and we draft health care-related legislation and rules for various clients at both state and federal levels. From participating in stakeholder processes on agency rules and policy revisions, to developing political action committees and other advocacy entities for health care clients, we constantly have our clients’ best interests in mind.
Our expertise is so admired that several of our lawyers are experienced hearing officers, arbitrators, and mediators with certification from the American Health Lawyers Association in health care-related matters.
We help health care clients in performing internal investigations and in responding to investigations by federal and state agencies. With strong litigators on our team, we have also defended health care providers in a variety of criminal cases, including matters under the False Claims Act and other federal and state laws.
Our familiarity with licensure and regulation makes us ideal partners in representing providers, practitioners and administrators before a variety of Arizona health professions licensure boards and agencies, ranging from the Arizona Medical Board, the Arizona Board of Osteopathic Examiners, and the Arizona State Board of Nursing, to the Arizona Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers and the Arizona Radiation Regulation Agency. Our institutional clients often retain us to represent their employed or contracted practitioners and administrators in matters before health care-related boards and agencies.
While our philosophy is to help clients resolve disputes amicably, some matters require litigation or contested administrative proceedings to reach a fair conclusion. We represent our health care clients in:
We assist health care clients in managed care procurement, contracting, credentialing, and regulatory matters, as well as in litigation and resolution of disputes. Not only do we have a solid background in negotiating and developing contracts, and developing and implementing managed care credentialing programs, but we also assist health plans in peer review proceedings and regularly advise health care service organizations on insurance regulatory matters.
We provide legal assistance to clients regarding compliance with the Stark self-referral law, anti-kickback laws, and the False Claims Act in connection with transactions, self-reporting questions, and investigations and legal actions related to compliance.