Hospitals and Health Systems

PROVEN COUNSEL

We partner with hospitals, health systems and provider organizations across the United States and around the world on all aspects of healthcare legal, investment, operations and regulatory matters. As the top-ranked healthcare law firm, we advise clients on all elements of the health industry. The results are operational efficiencies and reduced costs, optimized investments in technology and innovation, and improved patient care and safety.

Areas of Interest

innovation Centers

Navigate the many regulatory, legal and business requirements your revolutionary developments bring including:

Intellectual Property
Tax and Tax Exemption
Data Privacy And Security
Employee Benefits
FDA
Conflicts Of Interest and More

coronavirus resource center

The Coronavirus (COVID-19) pandemic has suddenly and permanently changed the way we deliver, consume and pay for healthcare services. To help you understand these changes McDermott has developed a COVID-19 resource center where you can find current updates and analysis.

collaborative transformation

Unexpected partners are joining forces to innovate in bold and surprising ways, as they do, they face some of healthcare’s toughest challenges. We’re here to help with mergers, acquisitions, joint ventures and all other types of innovative collaborations.

Regulatory Compliance
Digital Health
Intellectual Property
Investment
Tax
Licensing
Litigation

Digital healtH

At the forefront of the transforming Digital Health landscape McDermott works with hospitals and health systems to make sense of the changing digital landscape and implement strategies and tools that align with the most recent regulatory requirements.

Telehealth/Telemedicine
Health Information Technology
Big Data and Data Strategies
Data Privacy/Security HIPAA and State Laws
Intellectual Property

Consolidation and RestructurinG

Consolidating and restructuring hospital and health systems is a complex process that involves a range of critical planning and coordination steps to ensure the health, welfare and safety of hospital patients and mitigate legal, financial and other risks for the hospital and its officers and directors.

Corporate Governance

Healthcare corporations and their leadership face a host of legal and reputational challenges that must be addressed strategically and proactively. Our healthcare governance team, provides engaging, issue-based resources on the risk areas corporations face and how the general counsel’s office and the board can address them.

Quality and Patient Safety
Fiduciary Considerations
Protocols and Structure
Culture and Leadership for Radical Decision Making

THE OVERTURNING OF ROE V. WADE RESOURCE CENTER

Understanding the importance of women’s health, we assembled a cross-practice team long ago focusing on reproductive health. In the wake of Roe being overturned, this group is at the forefront of monitoring the evolving landscape and analyzing the broad impact on organizations across the US. We are counseling clients on the myriad challenges they’re facing, including a wide array of compliance and risk mitigation issues, as we help them navigate through the uncertainty. We are also addressing these topics through webinars, thought leadership and interactions with the media. This resource center will remain updated with the latest information, announcements of upcoming webinars, recordings of past webinars, checklists, thought leadership and media coverage.

340B LITIGATION TRACKER

McDermott+Consulting has launched a 340B Litigation Tracking Tool, a real-time resource following the 30+ state and federal 340B program legal challenges. No more searching online or sorting through your newsfeed for important case developments. This tracker, available 24/7 and regularly monitored by our team, delivers concise updates to help you make informed risk analyses on what’s next for your business in the evolving 340B landscape.

general counsel’s corner

KEY TAKEAWAYS: HOSPITAL AND HEALTH SYSTEM INNOVATION AND TRANSFORMATION AT THE 2023 J.P. MORGAN HEALTHCARE CONFERENCE

February 2023

Leaders in health system innovation joined McDermott and EY at the 2023 J.P. Morgan Healthcare Conference to discuss how hospitals can address current financial and operational issues while also positioning their systems to compete in an evolving healthcare landscape. Panelists cited diversifying and digitizing healthcare access as a means of transforming health systems into more consumer-oriented healthcare companies.

READ MORE

VIEW PAST COLUMNS

January 2023 | How to Avoid Deal Risks in Hospital Mergers and Acquisitions

December 2022 | Healthcare Predictions for 2023: Hard Choices and Working Smarter

November 2022 | Hospitals and Renewable Energy: New Financial Incentives and Opportunities in the Inflation Reduction Act

September 2022 | No Surprises Act Update: What You Need to Know about the August Final Rule

APRIL 2022 | HHS Announces Provider Relief Fund Late Reporting Pathway

APRIL 2022 | Two-Part Podcast Discussion: Priorities and Trends for the Compensation Committee

DECEMBER 2021 | Acute Hospital Care at Home Waivers Slated to End January 2022 — Prepare for What’s Next

NOVEMBER 2021 | CMS Will Finalize Heightened Penalties, Additional Requirements Under Hospital Price Transparency Rule

SEPTEMBER 2021 | DOJ’s Increased Use of Data Analytics to Pursue Criminal and Civil Enforcement Actions

AUGUST 2021 | What CMS’ Split Billing Proposal Means for Health Providers

AUGUST 2021 | AI and Health Board Governance: Designing Your Governance Oversight Framework

AUGUST 2021 | OSHA Safety Requirements for Healthcare Employers to Watch

AUGUST 2021 | CMS Proposes Higher Penalties for Hospital Price Transparency Noncompliance

JULY 2021 | Mid-Year Check-in: 2021 Trends in Healthcare Antitrust Enforcement

Articles

MEDICARE PROVIDERS TAKE NOTE: STARK LAW-RELATED CHANGES FROM CMS

April 11, 2023

CMS ISSUES MEDICARE DRUG PRICE NEGOTIATION INITIAL GUIDANCE, FIRST INFLATION REBATE LIST
April 4, 2023

FEDERAL JURY RETURNS $43 MILLION VERDICT FOR KICKBACK SCHEME IN VIOLATION OF THE FALSE CLAIMS ACT
March 29, 2023

REMOTE MONITORING SERVICES UNDER REVIEW: UPDATE ON POTENTIAL MEDICARE COVERAGE POLICIES
March 2, 2023

DEA PROPOSES LIMITED POST-PHE TELEMEDICINE PRESCRIPTION OF CONTROLLED SUBSTANCES

February 28, 2023

CMS FINALIZES LONG-AWAITED RULE ON MEDICARE ADVANTAGE RADV AUDITS

February 3, 2023

View more articles

Podcasts

TRENDS AND DEVELOPMENTS IN DIRECTOR/OFFICER LIABILITY: CONCEPT OF OFFICER AND DIRECTOR LIABILITY AND RELATED STANDARDS OF CARE

TRENDS AND DEVELOPMENTS IN DIRECTOR/OFFICER LIABILITY: PARTIES WITH PRIMARY JURISDICTION TO CHALLENGE OFFICER AND DIRECTOR CONDUCT

TRENDS AND DEVELOPMENTS IN DIRECTOR/OFFICER LIABILITY: NEW DEVELOPMENTS IN OFFICER AND DIRECTOR LIABILITY MATTERS

DRIVING THE DEAL: HEALTHCARE ANTITRUST IN THE BIDEN ADMINISTRATION WITH ASHLEY FISHER

DRIVING THE DEAL: THE NO SURPRISES ACT WITH BRIAN STIMSON

Driving the Deal: Unwinding the Public Health Emergency with Brian Stimson

DRIVING THE DEAL: A LENDER’S PERSPECTIVE ON HEALTHCARE PE DEALS

Driving the Deal: Clearing Regulatory Hurdles in Public Hospital M&A

DRIVING THE DEAL PODCAST: RESTRUCTURING AND BANKRUPTCY CONSIDERATIONS

Driving the Deal: Public Hospital M&A and Stakeholder Buy-In

Dealmaking in the Sunlight: Navigating Public Hospital M&A

Collaboration Through Innovation Centers

Videos

THE CONFLICTS OF INTEREST “PUZZLE:” KEY GUIDELINES FOR GENERAL COUNSEL

December 13, 2022

NEW FINANCIAL INCENTIVES AND OPPORTUNITIES IN THE INFLATION REDUCTION ACT

November 1, 2022

PROPOSED CHANGES TO CRITICAL ACCESS HOSPITALS & RURAL EMERGENCY HOSPITALS

August 23, 2022

REGULATORY DISPUTES WITH HHS: WHEN TO NEGOTIATE AND WHEN TO LITGATE

March 25, 2021

340B IN 2021: WHAT COVERED ENTITIES NEED TO KNOW NOW

March 18, 2021

ANSWERING PROVIDERS’ VACCINATION QUESTIONS

FEBRUARY 2, 2021

DATA LICENSE AGREEMENT LITIGATION – WHAT YOU NEED TO KNOW

OCTOBER 28, 2020

PAVC TELEHEALTH: PERSPECTIVES ON THE PATIENT EXPERIENCE DURING COVID-19 AND BEYOND

OCTOBER 29, 2020

Structuring Your Innovation Center Investment

Special Reports

KEY TAKEAWAYS: HOSPITALS & HEALTH SYSTEMS INNOVATION BOOTCAMP FOR IN-HOUSE COUNSEL

GET REPORT

ESTABLISHING A CPOD MODEL: 5 INITIAL STEPS FOR EMPLOYERS

GET CHECKLIST

KEY TAKEAWAYS: REMOTE WORK FOR HOSPITALS AND HEALTH SYSTEMS

GET REPORT

PROVIDER RELIEF FUND (PRF): GENERAL AND TARGETED DISTRIBUTIONS

GET REPORT

EVENTS

HOSPITALS & HEALTH SYSTEMS INNOVATION SUMMIT 2022

This one-day conference, held October 21, 2022 in New York, explored the emerging trends and cutting edge partnerships across the industry that are transforming the business of healthcare. The Hospitals & Health Systems Innovation Summit provides premier opportunities to learn from and connect with C-suite executives, top strategists, investors, bankers and other leaders as they share insights on how to innovate, collaborate and grow in a dynamic healthcare landscape.

LEARN MORE

McDERMOTT AND EY AT THE 2022 J.P. MORGAN HEALTHCARE CONFERENCE
HOSPITAL & HEALTH SYSTEMS FORUM

Industry leaders, innovators and investors from across the healthcare industry will gather together for two days of exclusive, hybrid events at the largest healthcare investment symposium. Join executives from PE firms, investment banks, hospitals, health systems and other industry-leading organizations for discussions on the critical business and legal issues encountered by leaders across the healthcare industry.

LEARN MORE

2020 HOSPITAL & HEALTH SYSTEM INNOVATION SUMMIT

This summit will give C-suite executives, in-house counsel, investors and other healthcare leaders the insights they need to position their organizations to innovate, collaborate and grow even in the midst of disruption.

VIEW RECORDING