Healthcare

Healthcare

  • Representation of a large gastroenterology practice in an action against Blue Cross Blue Shield for the insurer’s failure to make payments of lab analyses of tissue specimens removed during surgeries. This case is a significant step for requiring insurers to adhere to the precise language of contracts and adviser manuals, and not allowing them to alter their contractual obligations on a whim.
  • Representation of a provider in investigating reports of physician disruptive behavior and advised on corrective action, drafting related policies and procedures.
  • Representation of a South Florida-based accountable care organization (ACO). As principal legal counsel, Broad and Cassel is responsible for the client’s organization documents, physician contracting, compliance program documents, and evolving legal structures as new regulations and programs are developed by the Centers for Medicare & Medicaid Services.
  • Representation of a provider in investigating controlled substance discrepancies and advised on corrective action, drafting related policies and procedures.
  • Representation of a buyer in the $6.5 million asset acquisition in the healthcare industry.
  • Representation of the seller in a $26 million stock sale to private equity fund, including rollover equity and earn-out provisions in the healthcare industry.
  • Representation of a real estate investment trust (REIT) in the acquisition of a senior housing portfolio comprised of multiple, nation-wide assisted living facilities valued over $245 million.
  • Representation of a Florida-based medical office developer in multiple asset sale portfolio transactions involving several national healthcare REITs.
  • Representation of the master developer and its affiliates in all aspects of a 7,000 acre mixed-use development of regional impact (DRI). This included the development of a 650-acre health and life sciences park as a landmark for Orlando and a premier location for medical care, research and education.
  • Representation, in conjunction with several healthcare consultants, of a client in the acquisition of multiple assisted living facilities.
  • Representation of multiple hospice clients in a qui tam False Claims Act (FCA0 case alleging false and fraudulent claims. The court dismissed with prejudice, finding that the plaintiffs did not meet the legal standard for moving the case forward. A dismissal of a qui tam complaint “with prejudice” is not a typical disposition by the courts, and therefore this is a significant achievement, especially for the hospice industry.
  • Representation of a Florida health system in a highly complex matter tied to the Department of Justice Civil False Claims Act investigation involving hospital physician compensation arrangements and compliance with the Stark Law and/or Anti-Kickback Statute. Broad and Cassel served as lead counsel for the physician employees and represented the hospital and employed physicians in connection with a state investigation relating to compliance with the Florida Medical Practices Act.
  • Representation of MSP Recovery: The U.S. Court of Appeals for the Eleventh Circuit ruled in favor of MSP Recovery in seven consolidated cases under the Medicare Secondary Payer Act of 1980, The statute creates a cause of action to seek double damages from a primary payer when Medicare has made conditional payments that should have been paid by the primary payer. This case clarified that PIP insurers (and other insurers) have a demonstrated responsibility to pay claims as a primary payer simply by virtue of their insurance contract with a Medicare enrollee. (MSP Recovery v. Allstate, 835 F.3d 1351 (11th Cir. 2016)
  • Representation of a leading non-profit health system in self-disclosure to the Department of Justice and related Civil False Claims Act allegations involving oncology and chemotherapy services.
  • Representation of a leading non-profit health system in self-disclosure to the Department of Justice and related Civil False Claims Act allegations involving hospital-physician arrangements and compliance with the Stark Law and Anti-Kickback Statute.
  • Representation of a nationwide network of community-based hospice and palliative care services in a Department of Justice action related to eligibility for hospice services and Anti-Kickback arrangements.
  • Representation of a minority owner of a multi-state hospice provider in a $250 million private equity sale. This was in addition to an earlier transaction in which the Firm represented the sole owner in a $125 million private equity sale.
  • Representation of a home health agency in a $12.2 million sale to an out-of-state hospital system.
  • Representation of a leading non-profit health system that identified three employees who had been excluded from participating in federal healthcare programs in violation of federal law. Consistent with its compliance program, the client chose to voluntarily disclose the information to the Office of Inspector General (OIG) of the Department of Health and Human Services. The Firm represented the provider and made the disclosures on behalf for all three instances.
  • Representation of a Florida health system providing hospice and palliative care services in a Department of Justice action related to eligibility for hospice services and compliance with the Stark Law and Anti-Kickback Statute.
  • Representation of a Florida health system in relation to a voluntary disclosure to the Centers for Medicare & Medicaid Services (CMS) pursuant to the self-referral disclosure protocol of an arrangement that was determined to be non-compliant with Stark Law.
  • Served as bank counsel on the largest healthcare finance transaction in the state of Florida at $1.038 billion
  • Served as Issuer’s Counsel: $85,000,000 Florida Development Finance Corporation Healthcare Facilities Revenue Bonds (UF Health-Jacksonville Project), Series 2015
  • Representation of the Florida Health Care Association (FHCA), which represents more than 500 Florida nursing homes and assisted living facilities in the Florida Legislature. Broad and Cassel has served as legislative counsel for more than two decades, providing proposed legislation draft and review assistance as well as active lobby advocacy for this large long-term care advocacy organization.
  • Representation of a non-profit hospice provider in a merger with another non-profit hospice provider, where the aggregate enterprise value was several hundred million dollars.
  • Representation of a substance abuse rehabilitation and detoxification treatment business in a $80 million private equity sale.
  • Representation of a substance abuse rehabilitation and detoxification treatment business in a $2 million sale to a strategic buyer.
  • Representation of a provider in a large, complex Chapter 11 health care matter in opposition to the Centers for Medicare and Medicaid Services and the Florida Agency for Healthcare Administration that was pending in the U.S. Bankruptcy Court in the Middle District of Florida, Tampa Division. As special health care insolvency counsel our attorneys assisted in taking the bankruptcy court’s decision through two levels of appeal up to the 11th Circuit Court of Appeal. The case has received national notoriety as the debtor pursues a petition for Writ of Certiorari to the United States Supreme Court.

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