Health Care Compliance

We merge our transactional practice with our nationally recognized governmental investigation practice to prevent compliance violations and investigate and defend compliance lapses.

Our Approach

Health care fraud has become one of the top priorities of our current administration.

Our attorneys establish, implement and monitor compliance programs that prevent, detect and correct practices that fail to comply with the complex fraud and abuse laws governing the provision and billing of health care services. And if we identify violations, we quickly prevent further illegal activity and minimize penalties.

An effective compliance program is key to the success of a health care provider’s operations and business ventures. We help to prevent violations of Medicare and Medicaid anti-kickback laws, Stark laws and related self-referral prohibitions, the False Claims Act and other laws presenting risks for potential criminal and civil liability.

Additionally, we counsel and defend clients in connection with investigations and prosecutions of health care fraud allegations by both federal and state entities. We work on many False Claims Act-driven government investigations, including:

  • Emergency room E&M coding initiatives
  • Laboratory unbundling initiatives
  • Pneumonia upcoding reviews
  • Laboratory investigations
  • Investigational devices issues
  • PATH audits and investigations
  • DRG 72-Hour Window claims

When necessary, we also negotiate and fulfill the obligations under corporate integrity agreements.

We work with

  • Hospitals and health systems
  • Medical device manufacturers
  • Physicians
  • Other health care providers

Three shady—and all too common—things that digital health startups do to make money

CNBC | November 19, 2017

Los Angeles health care partner Jill Gordon, who this article identifies as a “top lawyer” in the digital health space, provides in-depth commentary regarding the three common practices she’s seen among health technology startups that may violate medical regulations and what companies should be aware of to avoid costly penalties.

What do companies need to know to avoid legal missteps?

MedCity News | June 15, 2017

Los Angeles IP counseling and transactions associate Erik Birkeneder and health care associate Daniel Eliav co-authored this article about legal issues digital health companies should consider.

6 Ways to Be a Go-To Firm for HIPAA Compliance

Law360 | April 29, 2016

Chicago health care partner Valerie Breslin Montague is included in this piece that looks at how attorneys are dealing with increasing Health Insurance Portability and Accountability Act (HIPAA) penalties and audits.

Are Employers Responsible for an Employee's Unauthorized Review of a Patient's Confidential Health Information?

Journal of the American College of Radiology | May 01, 2015

This contributed column discusses employer liability for employees who improperly access confidential patient information. This piece is authored by Albany Health Care partners Laurie Cohen and Peter Millock, counsel Barbara Asheld and Long Island associate Brooke Lane.

  • U.S. News/Best Lawyers has named Nixon Peabody “Law Firm of the Year” in Health Care Law in 2016
  • “Deal of the Year” for Health Care Financing by The Bond Buyer for Presence Health Network 2016 bond offering
  • Ranked nationally in U.S. News/Best Lawyers “Best Law Firms” in Health Care Law and received metropolitan rankings in Health Care Law in Albany, Boston, Chicago, Los Angeles, New York City and Rhode Island
  • Ranked in Illinois, Massachusetts and New York for Healthcare in Chambers USA: America’s Leading Lawyers for Business
  • Ranked nationally by Modern Healthcare—Largest Healthcare Law Firm
  • Recognized lawyers by Best Lawyers in America in the field of Health Care law
  • Recognized lawyers by Super Lawyers in the area of Health Care law
  • Recognized by the American Bar Association’s Health Law Section in its Annual Regional Law Firm Recognition Program
  • Recommended in The Legal 500 United States 2016
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