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Healthcare Attorneys
The healthcare industry is rife with potential legal pitfalls, from malpractice lawsuits to regulatory investigations. Without proper legal guidance, healthcare professionals risk reputational damage, financial loss, and even professional sanctions.
Since Helmsing Leach’s founding in 1976, our healthcare lawyers have represented hospitals, physician practices, nursing facilities, individual medical providers, pharmacists, and myriad other clients in the healthcare industry. Our lawyers have expertise across the entire spectrum of healthcare law, including the handling of criminal proceedings, offensive and defensive civil cases, regulatory actions, and transactional matters.
What is Healthcare Law?
Healthcare law is a broad and ever-changing practice encompassing all manner of legal matters related to the healthcare industry. It includes regulations, policy, and transactions, as well as civil, regulatory, and criminal investigations and proceedings. Helmsing Leach has assisted clients in responding to matters pursued by the United States Department of Justice, the DEA, FBI, and other law enforcement agencies; Medicaid Fraud Control Units; and state licensing boards, including medical and pharmacy boards.
Healthcare Litigation Experts in Mobile, AL
When it comes to healthcare law defense in Mobile, Alabama, Helmsing Leach stands out as a trusted ally. We offer a comprehensive range of legal services related to healthcare law, including:
- Regulatory Compliance
- Medical Malpractice Defense
- Licensing and Credentialing
- Healthcare Fraud Defense
- Healthcare Transactions
- HIPAA Compliance
Our healthcare law attorneys have extensive experience assisting the targets of False Claims Act investigations and lawsuits, including qui tam and retaliation claims brought by whistleblowers. We have worked with numerous clients in responding to civil investigative demands served by the federal government. We also have deep experience handling cases involving Medicare and Medicaid fraud, the Stark Law, and the Anti-Kickback Statute, and we help clients successfully negotiate through the Self Disclosure Protocol of the Office of the Inspector General of the Department of Health and Human Services.
On the transactional side, our healthcare law firm assists clients in formulating and implementing strategic business decisions, negotiating deals, drafting corporate documents, and obtaining licenses, certifications, and hospital privileges.
Success Stories
- After winning the dismissal of most of plaintiff’s claims on a motion to dismiss, we reached a favorable settlement in False Claims Act lawsuit against physician practice alleging overutilization, unnecessary medical procedures and Anti-Kickback Law violations
- Represented specialty pharmacy being investigated by Mississippi Medicaid Fraud Control Unit. No action taken against the client
- In mediation with the government before the qui tam complaint was unsealed, reached a favorable settlement of False Claim Act lawsuit against physician practice that included claims under the Stark Law, Anti-Kickback Statute, for alleged breach of numerous Medicare and Tricare regulations and retaliation
- In multiple separate cases, assisted healthcare industry clients in responding to investigations by the Drug Enforcement Agency’s Diversion Control Program
- In multiple separate cases, conducted internal investigations for healthcare providers concerning possible fraud by physicians and other employees
- Achieved favorable resolution for healthcare client facing substantial potential exposure under CMS’s 60-Day Overpayment Rule and Monetary Penalties Law by successfully utilizing Self Disclosure Protocol of the Department of Health and Human Services Office of the Inspector General.
- United States ex rel. Gacek v. Premier Med. Mgmt., 2017 U.S. Dist. LEXIS 101963, 2017 WL 2838179 (S.D. Ala. June 30, 2017) (won dismissal of three of four qui tam claims in False Claims Act whistleblower lawsuit)
Tailored Legal Solutions for Healthcare Providers
The volume and complexity of laws and regulations governing healthcare have exploded over the last two decades, raising countless issues and concerns—as well as creating many opportunities—for those operating in the field.
Whether it’s the looming threat of regulatory actions, civil litigation, or criminal proceedings, the specter of legal scrutiny casts a shadow over the industry. But with Helmsing Leach’s healthcare law attorneys by your side, you can navigate the treacherous terrain of healthcare law with confidence, knowing that your interests are fiercely defended by seasoned professionals.
Our team boasts unparalleled expertise across the entire spectrum of healthcare law, from criminal defense and civil litigation to regulatory compliance and transactional matters. Our lawyers’ deep knowledge of the intricacies of the healthcare industry is further enhanced by the firm’s longtime, robust experiences in medical malpractice defense and products liability lawsuits involving pharmaceuticals and medical devices, including numerous multi-district litigations.
Helmsing Leach is dedicated to providing invaluable support in mitigating risks, resolving disputes, and achieving the best possible outcome for clients. From proactive compliance measures to aggressive defense strategies, we aim to safeguard the interests of healthcare providers in an increasingly litigious environment.
Question & Answer
What are the common challenges Alabama healthcare providers face in terms of regulatory compliance?
Alabama healthcare providers encounter several challenges in regulatory compliance, including:
- Complex Regulatory Frameworks:Navigating the intricate web of state and federal regulations governing healthcare delivery, billing, privacy, and more can be daunting for providers, leading to confusion and potential compliance lapses.
- Ever-Changing Laws and Regulations: Healthcare regulations are constantly evolving, with new laws, guidelines, and enforcement actions emerging regularly.
- Resource Constraints: Many healthcare organizations in Alabama face resource constraints, including limited staff, funding, and expertise dedicated to compliance efforts.
- Interpretation and Implementation Challenges: Interpreting complex regulatory requirements and translating them into actionable compliance measures can be challenging for healthcare providers, particularly smaller practices and facilities with limited legal or regulatory expertise.
What steps can healthcare organizations take to safeguard patient information and comply with HIPAA regulations?
Healthcare organizations can take several proactive steps to safeguard patient information and comply with HIPAA regulations:
- Implement robust data security measures
- Develop detailed policies and procedures that address all aspects of HIPAA compliance
- Provide Ongoing Training and Education on HIPAA requirements and data privacy best practices
- Conduct thorough risk assessments to identify potential vulnerabilities and weaknesses in their data security practices
- Continuously monitor and audit HIPAA compliance activities
What are the legal implications of medical malpractice in Alabama?
Alabama has unique statutes governing medical malpractice claims, including strict procedural requirements and limitations on damages. Our health law attorneys specialize in defending healthcare providers against allegations of medical malpractice and offer expert guidance throughout the litigation process.
How does Alabama law address healthcare fraud and abuse allegations?
Alabama has stringent laws prohibiting healthcare fraud and abuse, including provisions related to billing practices, kickbacks, and false claims. Our attorneys have extensive experience representing clients facing allegations of fraud and abuse, crafting robust defense strategies to mitigate risk and protect their interests.
How does Alabama law address patient privacy and confidentiality rights?
Alabama law includes provisions protecting patient privacy and confidentiality rights, such as the Health Insurance Portability and Accountability Act (HIPAA) and state-specific regulations. Our healthcare lawyers provide guidance on compliance with these laws, helping healthcare providers safeguard patient information and mitigate the risk of privacy breaches.
How can a Helmsing Leach assist clients facing False Claims Act investigations?
As a healthcare law firm, our attorneys have extensive experience representing clients facing False Claims Act investigations in Alabama, including qui tam and retaliation claims by whistleblowers.
- Strategic Counsel: We provide strategic counsel and guidance to clients targeted in False Claims Act investigations, helping them understand their rights and obligations under the law and develop effective defense strategies.
- Civil Investigative Demands: We assist clients in responding to Civil Investigative Demands (CIDs) and other inquiries from government agencies, navigating the investigative process while protecting our clients’ interests.
- Negotiation and Resolution: Our attorneys negotiate with government authorities to achieve favorable outcomes for our clients, whether through settlement agreements, declinations, or other resolutions that minimize the impact on their businesses and reputations.
Helmsing Leach is committed to providing comprehensive legal representation and support to clients facing False Claims Act investigations in Alabama, leveraging our expertise and resources to achieve the best possible outcome.