Health Law

Health Law

“I find them to be far superior in terms of performance, efficiency and being solution-oriented.” – Chambers USA, 2017

Broad and Cassel has built one of the most experienced and diversified health law groups in the Southeastern United States. In fact, the firm has more lawyers certified in Health Law by The Florida Bar Board of Legal Specialization & Education than any other firm. Several of our attorneys are certified in Healthcare Compliance (CHC) and Healthcare Privacy Compliance (CHPC) by the Health Care Compliance Association’s (HCCA) Compliance Certification Board (CCB). Broad and Cassel’s health law attorneys are widely published and frequently make presentations at leading educational programs throughout the country.

Broad and Cassel has been ranked in Band 1 for Healthcare by Chambers USA: A Guide to America’s Leading Business Lawyers since 2011. Many of our attorneys have achieved individual state and national rankings for their experience in the industry.   The team is renowned for its breadth and depth of expertise in regulatory compliance and enforcement work, drawing on significant white-collar criminal defense experience. Noted for its strength in healthcare transactions and increasing presence in data security matters, the Firm is listed as the “go-to” practice for False Claims Act actions. Clients have attested that our health law attorneys are “excellent practitioners” and have “tremendous experience, connections and relationships at both state and federal government levels.”

The Firm’s Health Law Attorneys are Best Known for:

  • Advising hospitals, physician groups, managed care entities and other healthcare providers on legal issues involving operations
  • Providing effective and efficient representation to hospitals and other healthcare providers in litigation and alternative dispute resolution, including peer review
  • Advising health care providers on the importance of implementing and maintaining a culture of compliance
  • Advising health care providers on legal issues surrounding accountable care, population health and the transition from fee-for-service reimbursement to value-based purchasing
  • Conducting internal investigations and providing legal advice to reduce risk concerning fraud and abuse issues
  • Advising health care clients in matters related to insolvency and restructuring, including sales of assets, compliance, regulatory concerns and liability
  • Providing legal counsel for transactional matters, including mergers and acquisitions, financings and refinancings, corporate restructurings, physician/executive compensation and employment arrangements, health information technology and medical devices
  • Resolving disputes with federal and state governmental agencies, whistleblowers/relators and payors
  • Providing unparalleled False Claims Act (FCA) experience
  • Advising healthcare providers on the HIPAA-HITECH Act, patient privacy and confidentiality, state and federal regulatory compliance

Notably, Broad and Cassel represents three of the top ten accountable care organizations (ACOs) in the country, as listed by the Centers for Medicare & Medicaid Services (CMS) in the 2015 performance year results for the Medicare Shared Savings Program and the Pioneer Accountable Care Organization Model. These providers continue to make significant improvements in the quality of care for Medicare beneficiaries while achieving cost savings. Of the top ten ACOs that led the way in shared savings in 2015, Broad and Cassel represented the three organizations located in Florida.

A Selection of Experience Includes:

  • Representation of a large gastroenterology practice in an action against an insurer for the failure to make payments for 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 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 closed-door pharmacy in a $3 million sale to a strategic buyer.
  • 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 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 multiple hospice clients in a qui tam False Claims Act (FCA) 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 retail pharmacy in a $1 million sale to a public company.
  • 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 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 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 FHCA’s legislative counsel for more than two decades, providing proposed legislation draft and review assistance as well as active lobbying for this large long-term care advocacy organization.
  • 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.
  • Representation of a substance abuse rehabilitation and detoxification treatment business in a $2 million sale to a strategic buyer.
  • 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.

Chamber USA Testimonials:

“They’re much better in getting back to me in a timely manner and making sure I feel like I’m their only client.” – Chambers USA 2017

“They’re big in compliance and well known and well respected.” – Chambers USA 2016

“Tremendous experience, connections and relationships at both state and federal government levels.” – Chambers USA 2015

“This well-rounded practice is among the best in the state for healthcare litigation and fraud and abuse cases.” – Chambers USA 2011

“I would not go to another firm in the state for healthcare regulatory advice.” – Chambers USA 2010

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