Long-Term and Post-Acute Care
Our national health industry provider practice broadly encompasses the long-term and post-acute industry sectors, including skilled nursing facilities, rehabilitation companies, assisted living facilities, continuing care retirement facilities, home health agencies, hospice programs, institutional pharmacies, durable medical equipment suppliers, and respiratory healthcare providers. Our practice is nationwide and we represent some of the largest healthcare providers and suppliers in this sector on a wide range of issues but also many local and regional providers and suppliers.
Government Enforcement Defense
Our corporate health industry defense practice has a significant number of representations defending providers against allegations of medically unnecessary therapy and home health services, substandard quality of care or understaffing, assisted living regulatory violations, pharmacy diversion, unlicensed personnel, disclosure of overpayments, billing irregularities, and abuse and neglect. Our defense work involves False Claims Act (FCA) investigations and litigations, State-Attorney General Medicaid and consumer protection investigations, federal and state grand jury matters, Department of Health and related survey actions, Board of Nursing, and other state professional board licensing defense work.
Compliance Counseling
With the acceleration of value-based relationships and arrangements, our healthcare compliance team provides counseling on and fraud and abuse issues related to the post-acute industry, particularly with hospital relationships and ancillary provider relationships, for compliance with the anti-kickback and Stark Law requirements. We also represent providers in Stark Law disclosures under the CMS Disclosure Protocol and disclosures under the HHS-OIG disclosure protocols.
Regulatory Counseling
Our team provides counseling on updated and new standards requirements affecting the long-term and post-acute industry sectors, survey and certification issues, reimbursement, pharmacy, HIPAA, and related regulatory issues.
Transactions and Due Diligence
A significant part of our representations include business arrangements, transactions, and regulatory due diligence in public and private equity transactional settings where we assist buyers, sellers, and financiers.
Home Health
We represent home health providers—a critical post-acute care sector at the heart of the home-centered care models—that are increasingly critical to our healthcare industry. Morgan Lewis attorneys understand the home health regulatory framework, the relationships among home health agencies, physicians, hospitals, rehabilitation providers, skilled nursing facilities and nursing homes, hospices, and assisted living facilities.
Hospice Providers and Organizations
We represent a rich diversity of hospice providers and organizations nationwide and participate in significant training and compliance activities for this important sector. Our work involves regulatory and reimbursement counseling, ZPIC and related audits, overpayment and other government disclosures, and government enforcement defense of administrative, civil, and criminal matters.