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Medico-Legal and Hospital/Physician Relations

Health care providers are among the most heavily regulated entities. Moreover, current industry challenges in the areas of competition, reimbursement, pay-for-performance initiatives and joint ventures dramatically affect the professional and business relationship between hospitals and physicians. Katten Muchin Rosenman LLP, as corporate and special counsel to providers, is frequently called upon to render advice regarding medico-legal and hospital/physician relations issues. The Health Care Practice has considerable experience addressing:

  • Joint Commission and AOA accreditation standards.
  • Conditions of Participation under Medicare.
  • Various confidentiality and immunity statutes.
  • EMTALA- and ER-related obligations.
  • HIPAA and patient privacy.
  • Sentinel events.
  • Amendments and compliance audits for medical staff bylaws rules and regulations and related policies.
  • Medical staff credentialing, peer review and corrective action hearings.
  • Credentialing and contract litigation.
  • Medical staff development and physician recruitment plans.
  • Creation of captive insurance companies and physician purchasing groups.
  • All areas of hospital/physician contracts including exclusive arrangements, employment, independent contractors and joint ventures.

Representative hospital and medical staff clients include Northwestern Memorial Hospital, Resurrection Health Care, Children’s Memorial Hospital, University of Chicago Hospitals, Health Management Associates, Northwest Community Hospital, Vista Health, Weiss Memorial Hospital, Ingalls Hospital and Swedish Covenant Hospital.

Professionals

Chicago
Partner
New York
Special Counsel
New York
Associate
Chicago
Partner
New York
Special Counsel
New York
Special Counsel
New York
Of Counsel
Chicago
Partner
New York
Partner
Representative Matters
  • Developed an information-sharing policy allowing multi-hospital systems to share confidential peer review information in compliance with state law.
  • Conducted audits of health care clients to review and evaluate sensitive quality assurance/performance improvement/peer review documents in order to take steps to maximize protection under state confidentiality statutes.
  • Successfully defended hospitals and medical staffs in over 100 state and federal credentialing lawsuits.
  • Conducted over 200 credentialing peer review hearings.
  • Successfully represented hospitals in accreditation hearings and disputes with the Joint Commission regarding Preliminary Denials of Accreditation and other accreditation matters.
  • Served as special counsel to the Illinois Hospital Association on various statutory initiatives affecting hospital/physician relations in the areas of employment, exclusive contracts, restrictive covenants, medical staff credentialing, the Hospital Licensing Act and the Medical Studies Act.
  • Successfully represented clients in CMS, state public health and OIG complaints against hospitals alleging EMTALA violations.
  • Successfully represented hospitals in responding to OCR HIPAA complaints and investigations.
  • Worked with and represented over 100 hospital and medical staffs in amending and developing medical staff bylaws to comply with state and federal laws and accreditation requirements.

Related Practices