Our Health Care Practice

Building a healthy synergy in business and government

Brownstein Hyatt Farber Schreck’s Health Care Group provides comprehensive legal, business, government relations and litigation advice to a wide range of health care-related entities including national HMOs and PPOs, managed care entities, hospitals and hospital systems, provider groups, IPAs, third-party administrators, government contractors, dialysis providers, individual health care professionals, and manufacturers and distributors of pharmaceuticals, medical devices and health care technology.

Brownstein’s Health Care Group represents industry-leading clients who are dominant players in the national health care arena, providing daily counsel on a wide array of regulatory, compliance, licensing and contracting issues. Our attorneys are recognized as leaders in the field of health care law, and include former in-house legal counsel to national health care entities which gives them the ability to understand the impact of health care regulation on the day-to-day operations of the business, and to address effective implementation strategies.

Litigation

Our attorneys have extensive experience in litigating all aspects of managed care and network contracting disputes, payor/provider contracting and reimbursement litigation, benefits litigation, and ERISA preemption, Medicare and Medicare Advantage issues. The firm has significant experience in litigating ERISA and non-ERISA health care benefits litigation, including breach of fiduciary duty claims under ERISA.

The firm has unique experience in the representation of Medicare Advantage plans in a wide array of litigation matters ranging from provider reimbursement issues to network compliance, termination, overpayments and provider fraud. We have appeared in numerous hearings and before the Medicare Appeals Council.

Brownstein represents national health care entities in defense of health care-related class action cases, including coverage issues and ERISA-based breach of fiduciary duty and reimbursement.

Transactional

Our attorneys have experience in a variety of sophisticated health care merger and acquisition transactions, from implementing clinic buy and build and de novo growth strategies to structuring joint ventures with physician investors. We also assist in financing transactions, facilitating strategic investments, private equity infusions and credit facility financing to fund aggressive growth, and guide our clients through successful liquidity events. In representing numerous health care providers, we regularly negotiate and document provider/payor agreements, medical director agreements and medical services agreements, and coordinate ongoing client legal needs with respect to health care facilities, including general contracts, leasing, patient and vendor disputes and follow-on acquisitions.

Regulatory Compliance

Our attorneys have extensive experience in all aspects of compliance and reimbursement issues for Medicare Parts A, B, C (Medicare Advantage) and D (Prescription Drug Plan), as well as commercial health plans. The firm routinely advises clients on legislative and regulatory compliance (including the Affordable Care Act), Stark, fraud and abuse, and audit readiness, and on working with state and federal regulators on licensing and enforcement issues.

Brownstein advises clients on ERISA, Medicaid, HIPAA privacy and data security laws. We have assisted health care clients with Medicare (CMS) audits and appeals.

Government Relations

Our comprehensive government relations representation focuses not only on the congressional committees with direct jurisdiction over health care issues, but also on individual members of Congress whose home districts are affected by health care businesses, products and concerns. Our team of former high-level Capitol Hill and executive branch staffers brings years of experience and mature judgment to bear on behalf of our clients.

The scope of our health care practice includes strategic advice for moving or stopping particular legislative proposals; providing information to key members of Congress and their staffs; negotiating the scale of investigations, hearings and testimony; strategizing ways to maximize opportunities to provide positive messages; preparing witnesses for testimony; and navigating the political and legal minefields associated with any issue before Congress.

Our experience includes representing two of the world’s largest pharmaceutical companies and an association of medical products manufacturers on a wide variety of legislative, oversight and regulatory issues.