Health Care

Willis & Willis has been actively involved in the practice of health law for many years. This practice has developed largely in response to dramatic changes in the health care industry.

These changes include:

• Increasing joint activities among health care providers to create innovative programs
• Expanding governmental corporate compliance and reform initiatives
• Attempts to limit funding by government and other third-party payors
• Increasing diversity and competition in the types of health care providers
• Government enforcement of fraud and abuse
• Expansion of professional and institutional liability

Willis & Willis represents nursing homes, numerous professional corporations, partnerships and individual practitioners in the full range of legal matters encountered by health care organizations, including the areas described below.

The diversity of the firm's practice provides clients with a multitude of specialty skills in:

• Tax law
• Antitrust matters
• Corporate and partnership law
• Zoning and land use
• Public and private financing
• Changes in federal and state reimbursement

Attorneys in the firm use this wide range of expertise in advising clients in developing innovative health care arrangements, including joint ventures. Attorneys are frequently consulted to advise clients on the impact of the Stark legislation and the "Safe Harbors" regulations on a particular arrangement.

Our health law attorneys have negotiated and drafted contracts between hospitals, physician groups, and other providers. The firm has provided planning and implementation advice in the formation of integrated systems linking a broad range of services through one contracting entity.

The firm defends health care providers and professionals in civil and criminal investigations.

Attorneys in the firm deal with medical staff matters including physician recruitment arrangements, drafting and revision of medical staff bylaws and guidelines for appointment and reappointment; the equitable use of credentialing criteria; negotiating and drafting of physician service contracts; and, appeal hearings for denial or termination of privileges.

Attorneys within the firm assist physicians and professional corporations in numerous corporate matters including incorporation, shareholder agreements, employment arrangements, and acquisitions.

Attorneys in the firm are experienced in counseling health care providers and health plans in developing privacy policies and procedures to conform to the privacy rules required by the Health Insurance Portability and Accountability Act ("HIPAA"). This includes the review and preparation of business associate agreements and the drafting of notices of privacy practices.

The firm has experience in the various stages of contractual relations from negotiation through drafting and compliance with regulatory requirements to the settling of disputes, including breach of contract. These matters include virtually every business arrangement which health care providers enter into including contracts for professional services; leases; joint purchasing arrangements; management agreements; third-party payor agreements; agreements for the acquisition of facilities and equipment; and design and construction agreements.

Attorneys are involved frequently with critical care issues of informed consent, refusal to consent to treatment, advance patient directives, right to die, "no code" or "no CPR" orders, determination of brain death, patients' rights, patient transfer and guidelines on treatment of special patients. Attorneys within the firm have developed an expedited process to assist providers in guardianship proceedings in probate court. Health care providers are also given assistance with respect to the release of confidential patient information, including medical records and mental health records.

Attorneys advise clients of Certificate of Need requirements for proposed construction, equipment and services of the providers.