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Hospital-Physician Relations and Medico-Legal

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Overview

Our Clients

Katten's Health Care attorneys serve as corporate, regulatory and special counsel to hospitals, medical staffs, multi-hospital systems, trade associations, physician groups, accountable care organizations (ACOs), clinically integrated networks (CINs) and patient safety organizations (PSOs).

Our Services

Because of our comprehensive understanding and experience with the regulatory and competitive dynamics of the health care industry, clients seek our advice on a range of hospital-physician relations and medico-legal issues, including the issues below.

  • Physician employment and recruitment
  • Physician compensation
  • Exclusive contracts
  • Medical staff development plans
  • Hospital licensure and accreditation
  • Emergency department coverage and compensation arrangements
  • Hospital liability involving corporate negligence and governmental investigations, and enforcement actions based on claims of substandard care, "worthless services" and the False Claims Act
  • Clinical integration and antitrust
  • Managed care
  • Medical staff bylaws, rules and regulations
  • Peer review/performance improvement policies and procedures
  • Peer review investigations, hearings and litigation
  • Peer review compliance plans
  • Hospital/medical staff disputes
  • PSOs
  • Health Insurance Portability and Accountability Act (HIPAA) compliance and investigations
  • Medico-legal issues including do-not-resuscitate (DNR), end-of-life and similar patient care issues
  • Emergency Medical Treatment and Active Labor Act (EMTALA) compliance and investigations
  • ACO privileging and credentialing
  • Allied health professionals
  • Health care civil litigation
  • White collar investigations and litigation
  • Compliance with Medicare Conditions of Participation
  • Medical staff mergers and integration
  • Data Bank and state disciplinary reporting

Our attorneys have been involved in many key state and federal court decisions in the areas of PSOs, peer review disputes, certificate of need (CON), breach of contract claims, antitrust and discrimination actions. In addition, our relationships and experience with state and federal officials, accreditation bodies and various trade associations have assisted in achieving successful and cost-efficient outcomes for our clients. We work extremely well with board members, senior management, medical staff leaders, risk managers, compliance and privacy officers, and medical staffs.

Experience
  • Participation in the review of, and revisions to, the medical staff bylaws, rules and regulations, and policies such as Codes of Conduct and Disruptive Behavior for more than 200 hospitals in Chicago and around the country including academic medical centers, and suburban and critical access hospitals.
  • Involvement in more than 200 peer review hearings and thousands of peer review issues and investigations for hospitals in Illinois and several out-of-state hospitals.
  • Successful defense of hospitals and medical staffs in more than 100 state and federal credentialing lawsuits.
  • Assistance to health care systems in consolidating medical staffs subsequent to a merger, as well as revision of leadership structure and bylaws.
  • Mediator and consultant in disputes between a hospital and the medical staff, including physician groups.
  • Advice to health care clients on a range of hospital-physician relations issues, including physician employment and recruitment, physician compensation, exclusive contracts, medical staff development plans, hospital licensure and accreditation, emergency department coverage and compensation arrangements, peer review, hospital/medical staff disputes, ACO privileging and credentialing, allied health professionals, medical staff mergers and integration, and Data Bank and state disciplinary reporting.
  • Special counsel to state hospital associations on various statutory initiatives affecting hospital/physician relations in the areas of employment, exclusive contracts, restrictive covenants and medical staff credentialing.
  • Assistance to PSOs and their participating providers with respect to their certification and recertification by the Agency for Healthcare Research & Quality (AHRQ) and compliance with the Patient Safety and Quality Improvement Act of 2005, including the development of their patent safety evaluation systems and policies.
  • Representation of health care providers and PSOs in the major state appellate and supreme court decisions, including the US Supreme Court, involving the interpretation of the privilege provisions under the Patient Safety Act as applied to PSOs and providers.
  • Representation of hospitals in accreditation investigations and hearings.
  • Appointment as a hearing officer in fair hearing proceedings.
  • Development of an information-sharing policy allowing multi-hospital systems to share confidential peer review information in compliance with state law.
  • Counsel in connection with conducting 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 and federal confidentiality and privilege statutes.
  • Successful representation of clients in Centers for Medicare & Medicaid Services, state public health and Office of Inspector General complaints against hospitals alleging EMTALA violations.
  • Representation of hospitals and medical staffs in dealing with disruptive, aged and impaired physicians.
  • Successful representation of hospitals in responding to Office for Civil Rights HIPAA complaints and investigations.
  • Successful representation of hospitals in accreditation hearings and disputes with The Joint Commission regarding preliminary denials of accreditation and other accreditation matters.
Events
May 9–10, 2019
April 10–12, 2019
May 15, 2018
March 4–6, 2018
October 21–25, 2017
October 5, 2017
May 10–May 12, 2017
MAMSS 34th Annual Education Conference | South Yarmouth, Massachusetts
May 3–5, 2017
MAMSS 38th Annual Conference | Battle Creek, Michigan
April 23–26, 2017
RBMA 2017 PARADIGM Conference | Chicago, Illinois
March 26–29, 2017
HCCA's 21st Annual Compliance Institute | National Harbor, Maryland
March 5–7, 2017
February 11–12, 2017
February 1, 2017
September 28, 2016
September 19, 2016
August 17–19, 2016
May 4–7, 2016
April 28–29, 2016
April 27–29, 2016
April 20–21, 2016
March 6–8, 2016
Healthcare Law & Compliance Institute | Westlake Village, California
February 8, 2016
January 27, 2016
November 29–December 4, 2015
November 16, 2015
Fundamentals of Health Law | Chicago, Illinois
October 3–7, 2015
August 19–21, 2015
May 15, 2015
MAMSS 32nd Annual Education Conference | North Falmouth, Massachusetts
May 5, 2015
MAMSS 36th Annual Conference | Grand Rapids, Michigan
April 13, 2015
GAMSS Spring Conference | Savannah, Georgia
August 14, 2013
Hospital-Physician Relations and Medico-Legal

Recognition

Chambers USA – Healthcare (Illinois)
Healthcare (Illinois), 2006–2019
Chambers USA – Healthcare (Texas)
Healthcare (Texas), 2006–2019
U.S. News Best Lawyers "Best Law Firms" – Health Care Law (New York)
Health Care Law (New York), 2011–2019
U.S. News Best Lawyers "Best Law Firms" – Health Care Law (Chicago)
Health Care Law (Chicago), 2011–2019
U.S. News Best Lawyers "Best Law Firms" – Health Care Law (National)
Health Care Law (National), 2013–2019
Chambers USA – Healthcare (New York)
Healthcare (New York), 2006–2019
Legal 500 US – Healthcare: Service Providers
Healthcare: Service Providers, 2016–2019
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Recognition

Healthcare (Illinois), 2006–2019
Healthcare (Texas), 2006–2019
Health Care Law (New York), 2011–2019
Health Care Law (Chicago), 2011–2019
Health Care Law (National), 2013–2019
Healthcare (New York), 2006–2019
Healthcare: Service Providers, 2016–2019

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Health Care Perspectives - A Health Care Industry Knowledge Resource

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