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

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

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.

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

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.

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

general counsel’s corner

VALUE ADD OR VALIANT EFFORT: EXAMINING HOW TO USE THE VALUE-BASED SAFE HARBORS AND EXCEPTIONS FOR PHYSICIAN ARRANGEMENTS

It has been more than two years since the majority of the regulatory changes by the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General (OIG) comprising the Sprint to Coordinated Care (Sprint Rules) became effective, significantly updating the regulations for the Anti-Kickback Statute (AKS) and Physician Self-Referral Law (Stark Law). These regulatory updates have arguably been some of the most material and transformative changes to the Stark Law and AKS regulatory scheme in decades. As opposed to presenting new regulatory hurdles for stakeholders, the Sprint Rules are, for the most part, burden reducing, dulling some of the strict liability edges of the Stark Law, and widening the availability of AKS safe harbors to protect common, non-abusive arrangements. Indeed, the Sprint Rules were promulgated with the intention of providing the health care industry a “regulatory refresh” on the Stark Law and AKS, given these laws were promulgated decades ago and designed to govern fraud and abuse risks in a fee-for-service-centered payment world. As health care payment systems have marched (or meandered, depending on your vantage) toward a system that puts value at the forefront and shifts cost of care risk from payors to providers, the types of fraud and abuse risks presented by financial relationships governed by the Stark Law and AKS has also shifted. The Sprint Rules acknowledge this realignment, and, for arrangements that meet certain requirements, allow for compensation structures or the provision of remuneration to referral sources that may not have been possible prior to their finalization. However, these significant regulatory changes came at a time when the entire health care sector was responding to the COVID-19 pandemic. Thus, while many of the benefits of the Sprint Rules have been leveraged by stakeholders, utilization of those related to the Value-Based Exceptions and Safe Harbors (collectively, the Value-Based Rules) may be slower than would have otherwise been the case.

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VIEW PAST COLUMNS

February 2023 | Key Takeaways: Hosptial and Health System Innovation and Transformation at the 2023 J.P. Morgan Healthcare Conference

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

December 2022 | Aligning Interests in Health Plan Joint Ventures

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

HRSA CONFIRMS 340B OFF-SITE FACILITY POLICY, DELAYS ENFORCEMENT
October 30, 2023

DEA FURTHER EXTENDS FLEXIBILITIES FOR CONTROLLED-SUBSTANCE PRESCRIBING VIA TELEMEDICINE

October 6, 2023

WITH NEW FACILITY STAFFING EXPECTATIONS, CMS PROPOSES SEA CHANGE FOR LONG-TERM CARE INDUSTRY

September 13, 2023

CMS ANNOUNCES NEW GUIDE MODEL FOR PEOPLE LIVING WITH DEMENTIA AND THEIR CAREGIVERS

September 8, 2023

NEW YORK PROPOSES REGULATIONS EXPANDING STATE’S ABILITY TO REGULATE PBMS

September 7, 2023

CMS ANNOUNCES NEW VOLUNTARY MULTI-PAYER PRIMARY CARE MODEL IN EIGHT STATES
August 28, 2023

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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

FEATURED SERIES

Updated_Event, HHS JV Webinar Series, HHS landing page

This series covers a comprehensive exploration of hospital joint ventures, the innovative partnerships reshaping today’s healthcare landscape. This three-part series takes a deep dive into the contractual, regulatory and corporate governance issues parties must address for successful outcomes, including exploring the newest partnership shaking up healthcare—the payvider. Explore the recordings below and check back for their takeaways!

THE RISE OF THE PAYVIDER: JOINT VENTURES BETWEEN HEALTH SYSTEMS AND PAYORS

October 19, 2023

NAVIGATING REGULATORY COMPLIANCE AND CORPORATE GOVERNANCE FOR HOSPITAL JOINT VENTURES

September 26, 2023

HOSPITAL SERVICE LINE JOINT VENTURES: A NEW ERA IN HEALTHCARE

September 14, 2023

Videos

HOW NOT TO LOSE $1M: PREPARING FOR HHS-OIG INFO BLOCKING ENFORCEMENT

August 15, 2023

ADDRESSING DOJ’S NEW COMPLIANCE FOCUS ON EXECUTIVE COMPENSATION

April 20, 2023

42 CFR PART 2 PROPOSED RULE

January 13, 2023

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

December 13, 2022

340B ESP AND HIPAA COMPLIANCE

December 6, 2022

NEW FINANCIAL INCENTIVES AND OPPORTUNITIES IN THE INFLATION REDUCTION ACT

November 1, 2022

Special Reports

HHS PROPOSES TO UPDATE DISABILITY NONDISCRIMINATION REGULATIONS FOR FIRST TIME IN NEARLY 50 YEARS

GET REPORT

NO SURPRISES ACT UPDATE: THE TMA III DECISION

GET REPORT

NO SURPRISES ACT UPDATE: LITIGATION DEVELOPMENTS, ENFORCEMENT TRENDS, AGENCY GUIDELINES AND FUTURE RULEMAKINGS

GET REPORT

STATE MINI-TCPA LAWS CREATE PATCHWORK QUILT OF REGULATIONS FOR AUTOMATED CALLS AND TEXTS

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REMOTE MONITORING: CMS CLARIFIES GUIDANCE, PROPOSES RURAL PROVIDER PAYMENT, REQUESTS INFORMATION ON DIGITAL THERAPEUTICS

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A MILLION REASONS TO SHARE: OIG’S FINAL RULE ON INFORMATION BLOCKING ENFORCEMENT

GET REPORT

EVENTS

HOSPITALS & HEALTH SYSTEMS SUMMIT 2023

Gain insights from seasoned healthcare executives and industry leaders during dynamic plenary sessions exploring the innovative ways hospitals, health systems and industry disruptors are evolving and collaborating to enhance profitability while improving cost, quality and health equity for patients. Through riveting case studies, delve into successful ventures between hospitals, health systems and other stakeholders that have resulted in enhanced patient care solutions and operational efficiencies. This is your chance to connect with 300+ industry leaders in the hospital and health system space, including C-suite executives, top strategists, in-house counsel, leading providers, health tech innovators, investors and bankers.
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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.

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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.

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