Health Law

Providers of healthcare services operate in a more complex legal environment than virtually any other business and are subject to stringent criminal and civil sanctions for business practices that would often be legal in other industries.

Montgomery McCracken’s Health Law practice brings our clients the specialized knowledge and experience of attorneys with a wide range of expertise in the legal problems facing healthcare providers.  What distinguishes our lawyers is the breadth of their industry experience, which puts them in a better position to give sound, relevant counsel.  Our attorneys, for example, have served as hospital general counsel and assistant US attorneys and one member of the Health Law Group has years of experience as a health care social worker.

We counsel our clients in such specific areas as:

  • transactions between nonprofit and for-profit corporations, including joint ventures and mergers and acquisitions
  • provider networks and corporate restructuring
  • reimbursement (Medicare/Medicaid, Blue Cross/ Blue Shield and private managed care arrangements)
  • Medicare/ Medicaid Fraud and Abuse statutes (including the Anti-kickbacks Law, Stark I and II and the False Claims Act)
  • healthcare licensing, accrediting and other regulatory matters for all kinds of healthcare providers
  • hospital-medical staff relationships, including the Healthcare Quality Improvement Act
  • representation of healthcare providers before the Pennsylvania Office of Attorney General
  • litigation involving staff privileges
  • administrative agency hearings

Our services include structuring business arrangements to achieve client goals while avoiding potential regulatory pitfalls, resolving problems with governmental agencies, assisting clients with corporate compliance programs and litigating reimbursement, staff privileges, antitrust, professional liability, and licensure disputes.  We also provide counseling on a number of technical legal areas such as employee relations, immigration, environmental law and taxation or nonprofit entities.  An in-depth knowledge of the healthcare industry enables us to consider the ramifications of a client’s problem within the larger context of seemingly unrelated laws and regulations affecting healthcare providers.

Recent engagements

  • Advising nonprofit hospitals in disaffiliations from Integrated Delivery Systems;
  • Converting nonprofit health care entities to for-profit entities (including the first conversion of a nonprofit hospital in Pennsylvania);
  • Representing an investor-owned company in building a specialty service hospital;
  • Developing and implementing compliance plans in numerous segments of the health care industry including long-term care, billing companies, physician offices, hospitals and laboratories;
  • Advising nonprofit hospital in joint venture with public companies;
  • Advising nonprofits in joint venture to establish a capitated health plan for the elderly; and
  • Advising providers in the intricacies of HIPAA compliance.

Representative clients

– AmeriSourceBergen
– Baptist Home
– Berwick Health and Wellness Foundation
– Brandywine Health Services
– Catholic Health Initiatives
– First Hospital Foundation
– Hazelton General Hospital
– Hazelton Saint Joseph Medical Center
– Health Care Compliance Association
– Inglis House
– Methodist Hospital
– Pocono Medical Center
– Pottstown Memorial Center
– Presby Homes and Services
– St. Ignatius
– St. Joseph Medical Center, Inc. (Towson, Md)
– Thomas Jefferson University Hospital

For More Information

For more information on our Long Term Care Practice, click here.