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Health Care

Delivering results through industry experience and practical insight
Jeffer Mangels Butler & Mitchell LLP understands the dynamic nature of the health care industry and provides practical and effective advice to health care providers throughout the industry, including:
  • Health systems
  • District hospitals
  • Community hospitals
  • Medical foundations
  • Health maintenance organizations and preferred provider organizations
  • Ambulatory surgery and treatment centers
  • Imaging, laboratory and other diagnostic centers
  • Medical spas
  • Skilled nursing facilities
  • Rehabilitation facilities
  • Assisted living and related residential facilities
  • Home health agencies
  • Physician and dental groups
  • Medical and dental management groups
  • Medical transportation companies
  • Medical device and pharmaceutical manufacturers
  • Medical supply manufacturers and distributors
Our multi-disciplinary team of lawyers assist with numerous areas of legal expertise required by the health care industry including labor and employment, corporate transactions and finance, corporate and government investigations, real estate, land use, bankruptcy and restructuring, privacy and cybersecurity, and intellectual property.
LABOR AND EMPLOYMENT LAW
JMBM's labor and employment lawyers have decades of experience representing the health care industry and regularly provide a full range of labor and employment services, including the following:
Labor Relations
Union prevention strategies and training; collective bargaining and negotiation of neutrality, labor peace and card-check agreements; union grievances and arbitrations; strike preparation and strike activity; effects bargaining; litigation against unions; representation before the NLRB; crisis management counsel; strategic planning for acquisitions, sales and temporary or permanent closures; unit closures.
Employment litigation
When litigation occurs, our team provides our health care clients with a strong defense in state and federal court, in private arbitration, and before administrative agencies at all levels of government. We have collectively handled thousands of employment litigation matters and have briefed and argued numerous labor law appeals in both the state and federal courts. We have defended clients against discrimination, harassment, wrongful termination and retaliation claims. We have handled numerous wage-and-hour class action disputes and matters involving trade secrets and non-compete agreements.
Employment Law Counseling
From hiring, screening and background checks to drug testing, discipline and termination, we provide our health care clients with information that helps protect them from possible lawsuits. We assist them in developing policies, procedures and handbooks, and with staff and executive training.
CORPORATE TRANSACTIONS AND FINANCING
Our lawyers have significant experience with mergers, acquisitions and sales in the health care industry, as well as with joint ventures, capital formation, debt and equity financing and recapitalization.
Our familiarity with the widely varying business models and competitive concerns of single hospitals, multi-hospital systems, physician and other professional practices, surgery centers, imaging centers, long-term care providers and others enables us to handle all the documentation and structuring of an acquisition, merger or divestiture. That includes the often-complex regulatory approvals, governance issues and financing concerns that can arise when the deal involves for-profit and not-for profit entities, or strictly licensed providers. For example, JMBM was outside counsel for the successful reorganization of the then-largest publicly owned HMO, with outstanding debts of over $3 billion dollars.
 
We routinely advise health care clients about the kind of legal structure most likely to satisfy their business and other needs (from professional corporations to partnerships, in states from California to Delaware, as well as in foreign countries), and make sure it is structured to avoid the prohibitions against self-referrals and kickbacks. Our lawyers also help clients structure innovative affiliations and joint ventures, such as a risk-sharing arrangement between a hospital and IPA that involves joint global capitation for managed-care patients.
CORPORATE AND GOVERNMENT INVESTIGATIONS
When issues of employee fraud, corruption, or corporate wrong-doing arise, our lawyers represent corporations, boards of directors, and executives in implementing internal investigations, and representing them in related government investigations, enforcement actions, or administrative proceedings. On behalf of our health care clients we have handled internal investigations regarding numerous issues including potentially improper referrals, billing practices, and other alleged regulatory concerns; investigations and complaints by the U.S. Department of Health and Human Services, Office of Civil Rights; investigations regarding Stark and anti-kickback violations; and cases brought against health care entities by the Department of Justice.
REAL ESTATE
On behalf of our clients, JMBM's real estate lawyers have purchased and sold hospitals, skilled nursing and other health care facilities, and advised on related licensing and regulatory matters. We assist clients with leasing issues and construction matters. We also have deep experience with the Americans With Disabilities Act (ADA), providing compliance counseling and litigation defense.
LAND USE AND ENVIRONMENTAL LAW
When building new facilities or expanding existing ones, our land use and environmental lawyers assist health care providers with entitlements, permitting, zoning, environmental impact, and related issues, and represent their interests before government and regulatory bodies. When litigation is necessary, we are effective advocates.
BANKRUPTCY, RESTRUCTURING & WORKOUTS
The many changes in U.S. health care policy have created financial stress for hospitals and other health care institutions. Financial health for hospitals is critical to their mission to provide excellent health care to local communities. JMBM has the expertise to work with hospitals and other health care institutions and their other financial consultants to address serious financial challenges. JMBM's skills include helping hospitals and health care institutions deal with and resolve their financial problems, including restructuring obligations, negotiations with lenders and other creditors, and more formal insolvency proceedings such as Chapter 11 bankruptcy and receiverships. Our coordinated team of experts in labor, finance, bankruptcy, creditors rights, real estate and tax law work to help our clients come up with specially tailored solutions that allow the hospital to focus on its main mission of serving its local community.
PRIVACY & CYBERSECURITY
Privacy and data protection are among the health care industry's biggest challenges. JMBM's privacy and data security attorneys help our clients develop statutory and regulatory compliance strategies under HIPAA and other regulatory regimes, implement data breach response plans, negotiate technology agreements, conduct internal investigations, and address cyber risk throughout their organizations.
INTELLECTUAL PROPERTY
JMBM’s IP lawyers handle patents, trademarks, copyrights, domain names, trade dress, trade secrets, and related licensing, litigation and due diligence matters. We are well-versed in a wide variety of technologies and processes within the health and dental care arena.
JMBM's lawyers are committed to serving the health care industry by helping our clients solve problems, seize opportunities, comply with statutory and regulatory requirements, and achieve their goals. We invite you to contact us, to discuss how we can help.