Health Care

Whether you are a national provider association, national hospital or health care system, medical device or pharmaceutical manufacturer, medical transportation company, or regional or local provider, Foley’s Health Care attorneys provide you with pragmatic and creative legal solutions in an efficient and cost-effective manner.   

Many of our attorneys are former health care practitioners or have served in key government agencies, including the CMS, DOJ, Office of the Inspector General of the Department of Health and Human Services (HHS), and other federal and state agencies. With this first-hand understanding of health care’s business and legal challenges, we advise industry and government leaders in the development of major health care policies and help shape the development of some of the nation’s largest health care systems. Our legal work has established key precedents in health planning, corporate structuring, and reimbursement. Foley attorneys are sought for assistance with a wide range of legal issues, including physician self-referral and anti-kickback laws, health care finance, Medicare and Medicaid reimbursement, and joint ventures, among others. 

The services we provide to meet your health care entity’s needs are outlined below.

Representative Matters

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Represented in a sale of a portfolio company, McBee Associates Inc., for approximately $50 million
Foley advised a hospital network concerning the “medical staff bylaws” and contracting considerations associated with both the network hub’s delivery of telemedicine services to network “spoke” hospitals, and the “spoke” hospitals’ on site delivery of telemedicine services by “hub” providers. Considerations included whether to establish a separate telemedicine category at the “spoke” hospitals, whether to grant medical staff membership (or merely clinical privileges) to telemedicine providers at “spoke” hospitals, what medical staff prerogatives to offer telemedicine providers at “spoke” hospitals, what medical staff obligations to impose on “hub” telemedicine providers, how to implement OPPE and FPPE protocols for the telemedicine providers at both the “hub” and the “spoke” hospitals, and the “hub” and “spoke” hospitals’ respective responsibilities for monitoring and reporting concerns and/or changes in provider privileges and prerogatives. The work assisted the network to move forward with its plans to implement, on a network wide basis, with the implementation of intra-facility telemedicine services.
Foley advised a tertiary hospital regarding the legal and structural implications of establishing and implementing a telemedicine eICU for the hospital’s network of facilities and, potentially, facilities outside of its network. Foley’s work included the evaluation of state licensure and related laws, and contracting and credentialing issues. The work enabled the hospital to establish and implement its off campus telemedicine eICU under the hospital’s license.

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