Healthcare Litigation
We partner with you to proactively identify issues and take action to avoid crisis situations. When an investigation or litigation is unavoidable, Flynn Watts aggressively and effectively defends our clients to achieve optimal results.
Flynn Watts defends health care clients in federal and state agency investigations and litigation, including matters involving False Claims Act, qui tam, Anti-Kickback, Stark Law, and Sunshine Act claims. We regularly appear in state and federal courts on behalf of our clients and have handled cases before the Provider Reimbursement Review Board (PRRB) and the Departmental Appeals Board (DAB) of the Department of Health and Human Services.
Our team handles:
- Professional Liability Defense
- Subpoenas
- Investigations
- Shareholder/member disputes
- Litigation under the state and federal anti-kickback and fraud abuse statutes
- Defense of healthcare providers under the New Jersey Insurance Fraud Prevention Act
- Contract/transactional disputes
Transactional
Our attorneys have deep knowledge of the nuanced intersection of corporate law and health law. Their broad industry experience seamlessly guides the advancement of each component of the transaction. Leveraging a sophisticated understanding of business, finance, operations and health regulations, Flynn Watts is uniquely qualified to support health care leaders in making their inspired alliances a reality.
Our transaction leaders have a complete understanding of the federal and state regulatory landscape and can quickly identify the local regulatory matters that, in conjunction with federal laws and regulations, will influence the outcome of a transaction.
We specialize in:
- Contract negotiations
- Due diligence review
- Drafting and negotiation of vendor, employment, contractor, and restrictive covenant agreements
- General contracting matters
- Leasing matters
- Business entity formation, bylaws, operational agreements, buy-ins, buy-outs, and dissolution
- Hospital and medical staff bylaws
- Non-profit organization matters
Regulatory Compliance
Regulation is both ubiquitous and highly complex in the health care industry. Almost every facet of health care is overseen at the federal, state or local levels, and frequently by a range of private organizations creating a maze of regulatory challenges. Ensuring you stay ahead of new legal and regulatory developments is our priority. Each of our attorneys has a sophisticated knowledge of existing and emerging laws to help you stay in compliance.
Our health care regulatory lawyers have unrivaled experience in all key areas of health care, including but not limited to:
- Anti-kickback and self-referral laws
- Reimbursement counseling
- Health reform initiatives and tax issues with respect to the Affordable Care Act, fraud and abuse/Stark Law
- Tax-exempt organizations
- HIPAA and privacy/confidentiality matters, including policies, training, breach and security incident response, reporting requirements, and government investigations
- Corporate compliance program development, implementation, and training
- Compliance investigations
- Review and preparation of policies and procedures
- Healthcare compliance reporting matters
