Health Services Attorneys—The Right Rx for What Ails the Health Care Industry
Spending in the health care industry accounts for approximately 18 percent of the gross domestic product in the United States. This industry is a major player in the economic life of our country: it is complex, diverse, and heavily regulated by statute and by federal and state government agencies. Keeping up with the web of health care-related statutes and regulations is a full-time job. The health services attorneys of Jenkins Fenstermaker, PLLC focus on managing risk, helping their clients remain compliant, and, when necessary, litigating claims arising out of regulatory issues before administrative tribunals or defending against medical malpractice claims filed in state and federal courts.
Health Services Attorneys Can Ease the Strain on Those in the Health Care Industry
Developments in the health services industry are fast-paced. Health services attorneys keep clients apprised of the rapidly changing legal landscape, anticipate their needs in this ever changing environment, and fill a number of roles:
- Draft company policies relating to patient care and consent, charity care, and professional courtesy;
- Draft contracts to establish new relationships between health providers;
- Conduct internal investigations—related to both employment and professional practice;
- Advise on bylaw development and enforcement;
- Develop internal processes for admission of new staff, peer review, quality assurance, and discipline;
- Develop internal compliance programs to address fraud, abuse, and confidentiality;
- Prepare for and respond to agency reviews and audits; and
- Defend physicians or other health care providers in lawsuits arising out of patient care issues.
The Legislative Maze Frustrates a Diversity of Clients
Many jobs in the health care industry require licensure, and even licensed practitioners and other medical professionals are subject to statutory and regulatory oversight. Jenkins Fenstermaker’s health services attorneys can help with all types of licensure and regulatory compliance matters.
Our health care legal team also understands the relevant health care laws that impact medical professionals and those who work with them. The legal framework of some of these statutes is extensive and intricate. We help clients remain compliant with the wide array of applicable statutes such as the federal Anti-Kickback Statute, the federal False Claims Act, the federal Health Insurance Portability and Accountability Act (HIPAA), the WV health care records laws, and the WV euthanasia law.
Our Health Services Attorneys Serve a Variety of Providers and Health Care Systems
Our clients include any professional or organization working in or with the health services industry. Doctors, professional medical staff, medical facilities, and other medical service or product providers all have statutory and regulatory constraints. The clients of health care lawyers subject to these statutes are a diverse group:
- Medical device companies;
- Physician groups;
- Medical staff;
- Peer review organizations;
- Surgery centers;
- Ambulance and ambulance companies;
- Skilled nursing facilities;
- Pharmaceutical businesses;
- Substance abuse centers; and
- Insurance coverage providers.
Individuals and organizations in these and related professions can all benefit from the experience of our health care lawyers as well as other practice groups within our firm.
Jenkins Fenstermaker Covers the Health Services Industries Daunting Legal Requirements
The dynamic nature of health care raises financial, policy, and legal challenges that cut across multiple areas of expertise:
- Labor and employment;
- Mergers and acquisitions;
- Medical malpractice;
- Nonprofit and tax-exempt status; and
- Intellectual property.
Jenkins Fenstermaker’s different practice areas can address the various needs of health services clients all in one firm.
The Health Care Industry Is No Stranger to Labor and Employment Matters
Like other employers, health services providers are subject to federal and state labor and employment laws, and they must address these matters in order to establish and maintain productive, compliant working environments.
Jenkins Fenstermaker’s labor and employment attorneys assist health care industry clients with labor and employment issues from human resources counseling and training to employment-related contracts like non-compete agreements. We also defend against employment-related claims in state or federal court and before governmental bodies. Health care industry employers also face claims based on work-related injuries. Our workers’ compensation attorneys advise and defend employers regarding such claims, including deliberate intent or Mandolidis claims in WV.
If a Patient Is Injured, Jenkins Fenstermaker Can Help
Focusing on patient care and avoiding personal injury are top priorities for all health care providers. The reality is that mistakes can happen, and patients may be impacted. Representing clients from all facets of the health care industry, the medical malpractice defense attorneys at Jenkins Fenstermaker are committed to reaching appropriate legal solutions through preemptive counseling or litigation defense as needed.
Health Services Industry Is Simultaneously Expanding and Shrinking
The number of mergers and acquisitions in the health care industry is on the rise. Selecting the right strategic partner to survive in this competitive market requires seasoned, knowledgeable advice. The mergers and acquisition attorneys at Jenkins Fenstermaker understand both the business needs and the prevailing legal issues with the clarity necessary to successfully guide clients through the mergers and acquisition process.
Jenkins Fenstermaker—Quality and Dedicated Counsel You Deserve
For more than 90 years, Jenkins Fenstermaker, PLLC has been known for outstanding attorneys and client service. The firm’s health services attorneys continue that tradition. For more information on how we can help you, call us at (304) 523-2100 (or (866) 617-4736 toll-free) or complete our online contact form.