Recent surveys demonstrate that the large majority of law firms, large and small, are unaware of their potential exposure pursuant to HIPAA and its most recent iteration, HITECH. While there is a sensitivity among firms regarding the need for HIPAA authorizations and protections of private health information, the full panoply of requirements and liabilities that may befall them are less understood.
Health Care Law
The health care industry has evolved into one of the broadest and most significant sectors of the economy. As a result, our clients often face complex legal issues arising from a maze of laws, rules, and public policy considerations.
The combined experience of our attorneys covers nearly every aspect of the health care industry. In addition, because we understand the business and political climates in which our clients operate, the group consistently seeks to integrate their strengths with the knowledge of attorneys in other practice groups including our labor and employment, corporate law and transactions, real estate litigation and wills, trusts and estates groups to further enhance our ability to offer reliable and creative solutions for each client. Our focus is always on flexible, achievable results.
Our attorneys have a thorough knowledge of the health care industry and the challenging legal issues facing the industry. We consult closely with clients on all issues to find results-oriented, cost-effective approaches ranging from disposition of a matter at an early stage to resolution through settlement, trial or arbitration.
In the multifaceted health care industry, we represent a wide variety of clients, including acute-care hospitals, ambulatory surgery centers, dentists, long-term care facilities, managed care entities, multi-specialty physician practices, PHO/MSOs, physicians, skilled nursing providers (paramedics, EMTs, and nurses) substance abuse facilities and psychiatric hospitals and outpatient mental health facilities in addition to a wide variety of health care employers. We also counsel healthcare employers like treatment centers and rehabilitation facilities in connection with general negligence claims such as sexual assault, opioid addiction and general addiction claims. Our clients receive timely and efficient service of superior quality, as well as valuable industry insight.
Related Blog posts
N.J. Supreme Court Clarifies Scope of “Self-Critical Analysis” Privilege in Medical Malpractice Cases
New Jersey's Patient Safety Act (PSA) was enacted to encourage confidential reporting of “adverse events” by healthcare facilities in order to reduce medical errors. To further this goal, the PSA created a legal “self-critical analysis” (SCA) privilege for health care facilities...
New Jersey Finalizes First of its Kind Pharmaceutical Gift Ban to Physicians; New Administration Considering Changes
After publication and hearing in October 2017, a final Administrative Rule related to contracts and payments entered into with physicians by drug companies took effect on January 15, 2018. Under the new arrangement, physicians are not able to accept any financial benefit, that does not advance disease or treatment education. In this blog, Ryan Jones discusses the how this rule, being the first of its kind in the U.S., will impact the future of Health Care and Transactional Law.
It is critical for health care facilities to understand the Patient Safety Act (PSA) and its regulations so that they can ensure that their documents and communications related to post-incident investigations are privileged. In this blog, Sharon Flynn breaks down the PSA and reveals what health care facilities can do to minimize the risk of exposing internal documents in court.
In some medical malpractice matters, there appears to be a great deal of confusion amongst jurors in understanding when and how the burden of proof shifts in cases concerning pre-existing conditions and diseases. Here is a blog article, written by Sharon Flynn with our Health Care Law Group, on what the plaintiff's burden of proof is and when that shifts to the defense.