The breadth and depth of the general health law experience of the members of our firm distinguishes us from our competitors. Many of our attorneys have practiced exclusively in the health care area for many years and in a variety of settings. John Marren, for example, has over 30 years of experience in the health care industry, including 10 years in hospital management. His law practice has included representation of hospitals, physicians, multi-hospital systems, managed care organizations, health maintenance organizations and other payors. Carol Hogan has almost 20 years of experience working exclusively with not-for-profit organizations, hospitals, physicians, multi-hospital systems and managed care organizations. Cheryl Segal's practice focuses solely on legal issues which arise in the context of health care transactions, including analysis of Stark, Medicare anti-fraud and abuse, tax, antitrust and insurance. Laura Liu has represented health care providers and vendors in a variety of legal matters ranging from general transactions and contracting, statutory and regulatory compliance, and litigation. Her extensive litigation experience allows us to provide comprehensive representation for our clients in the event of disputes with commercial and government payors, regulatory agencies, or other parties with whom clients have legal relationships. Jeff Teske was formerly in-house counsel to the American Hospital Association and has considerable experience representing hospitals, physicians, physician groups and multi-provider networks in general corporate matters and with respect to health care-specific issues at both the state and federal levels
Our attorneys have represented clients before state regulatory agencies
and health planning boards and have ongoing contact with federal regulators
at the U.S. Department of Justice, Federal Trade Commission, the Internal
Revenue Service and Office of the Inspector General. In addition, as
various states have moved toward Medicaid managed care, our attorneys
have formed organizations for purposes of contracting with state Medicaid
programs and the development of Medicaid-oriented HMOs. We have also
participated in the analysis of the design and feasibility of provider-sponsored
organizations under the Medicare+Choice regulations adopted in 1998.
In connection with our general representation of health care entities, we have addressed the following matters:
- Managed Care Delivery Systems:
Our attorneys have developed numerous HMOs, PPOs, Point of Service option plans and specialized risk plans.
- Formation of Multi-Institutional
Systems, Networks and Joint Ventures:
These activities include the development of a $1.4 billion hospital network in an urban area; the development of a regional health care delivery system, including multiple rural county hospitals; affiliations between university hospitals and community hospitals; numerous hospital networks focused on managed care activities; and the development of "super PHOs."
- Development of Specialized
Medicaid Strategies:
Our representation has spanned several states including the formation of hospital networks for purposes of client contracts with state Medicaid programs; the development of a demonstration project for chronic pediatric patients; and the development of a Medicaid-oriented HMO.
- Physicians Relations/Medical
Staff Development:
Our representation includes the development of credentialing plans and medical staff development plans and representation of managed care and hospital systems related to selection and rejection of providers. We have also represented hospitals in medical staff bylaw disputes and have assisted individual physicians in peer review hearings. In addition, we understand the critical need for positive and honest relationships between the medical staff and hospital. We believe our firm has extensive experience in developing physician/hospital integration strategies, including the development of ambulatory surgery centers, jointly owned by physicians and hospitals, the development of multi-provider sponsored, managed care organizations, the development of gain-sharing programs and other innovative methods of sharing risk and reward between hospitals and physicians which satisfy legal requirements.
- Regulatory Compliance:
We represent our clients before the Departments of Public Aid, Public Health, Insurance, Health Facilities Planning Board, State Attorneys General, the U.S. Department of Justice, Federal Trade Commission, the Internal Revenue Service and Commerce Commissions.
- Medicare Representation:
Our attorneys represent providers in a full range of third party payment issues and analyze transactions for Medicare Anti-Fraud and Abuse and Stark law to advise clients regarding compliance issues. We have also been involved in drafting and implementing corporate compliance programs for addressing Medicare and Medicaid law and regulations. Most recently, in a case of first impression, we were retained to represent a health care system that owns an HMO in a HCFA and OIG investigation regarding health screening. We regularly handle third-party payment disputes and have negotiated various settlement arrangements with the OIG and Assistant U.S. Attorneys.
- Certificate of Need:
Hogan Marren has experience in advising health care providers regarding CON law for a variety of projects and the process to obtain a CON permit. Hogan Marren attorneys also have experience working with the Health Facilities Planning Board staff in resolving issues and questions related to the CON process.
- Antitrust:
Hogan Marren has advised numerous clients regarding the antitrust implications of acquisitions, consolidations, mergers, affiliations and managed care contracting. Most recently, we defended a multi-hospital system and its affiliated physician network against a charge of price fixing brought by a managed care plan.
- Fiduciary Obligations
Hogan Marren has extensive experience advising clients regarding the fiduciary duties and responsibilities of directors of not-for-profit organizations and systems and the implications of charitable trust law in the exercise of their obligations
