Health Care Law

Our Health Care Group handles all types of health care related matters, including, but not limited to,  licensing, regulatory, transactional, contractual and administrative and disciplinary  matters for health care clients throughout all of Florida. Services include assistance with initial state licensing and procurement of Medicare and Medicaid provider agreements, drafting sale and purchase documents, managing and handling closings as well as handling preparing and submitting all regulatory notices and follow-ups associated with changes of ownership or changes of information. Our Health Care clients have the satisfaction and comfort of knowing their legal issues are being handled by highly experienced health care lawyers who will protect their best interests now and far into the future.

The successful operation of a health care company depends not only on providing quality services or products, but also on understanding the various laws and regulations the company must comply with. Preparing for and maintaining compliance with constantly changing federal and state laws and regulatory guidelines is essential as a health care business considers entering into any contract or transaction.

In such a highly regulated industry, it is important to have foresight and seek legal guidance at the earliest possible stage. Whether you are forming a new health care business, dealing with a change of ownership, or resolving an administrative or disciplinary complaint, we are prepared to assist you.

The firm provides both proactive and reactive legal services for all types of businesses and practitioners in the health care arena. Our typical clients include:

  • Physician practices
  • Small physician groups
  • Health care clinics
  • Rehabilitation centers
  • Assisted living facilities
  • Adult day care facilities
  • Home health agencies
  • Pharmacies
  • Durable medical equipment and device companies
  • Nursing homes and long-term care facilities
  • Laboratories
  • Independent diagnostic testing facilities (IDTF)
  • Targeted case management

 

TRANSACTIONS

In the health care industry, the structure of every transaction must be closely scrutinized and carried out carefully with attention to all relevant regulatory processes. Unfortunately, many providers, including physicians, health care clinics, home health agencies, ALF's, nursing homes, rehabilitation facilities, IDTF's and other health care companies, put their businesses on the line when they attempt to handle transactions themselves without assistance from a knowledgeable attorney. Cutting corners and attempting to handle what may seem simple to a lay person or even an inexperienced practitioner can and has resulted in substantial legal problems and costs. In a few instances, the provider’s license has even been revoked.

HEALTH CARE CONTRACTS

The firm also handles all types of contractual issues that are unique to health care providers and companies, including health care employment contracts, lease contracts, provider contracts, business associate contracts and more.

SERVING PHYSICIANS AND PHYSICIAN PRACTICES

The firm regularly assists physicians and physician practices with corporate and partnership matters, including the formation of entities, shareholder and partnership agreements, contracts and employment matters.

ADMINISTRATIVE AND DISCIPLINARY ACTIONS

Licensed health care providers are constantly subject to sanctions by various agencies, such as the Florida Department of Health (DOH) and the Agency for Health Care Administration (AHCA) and the Centers for Medicare and Medicaid Services (CMS).

The firm provides representation to health care practitioners and businesses that have been named in an administrative complaint or another agency action. If you or your company requires defense, the firm's attorneys can step in, protect your rights and represent your interests in the most appropriate hearing depending on the circumstances of the action. The firm also provides guidance and representation during the appeals process.

When dealing with health care administrative and disciplinary proceedings, hiring an attorney who has an in-depth familiarity with health care law and the various regulatory agencies is essential. If you are a health care provider or licensed practitioner, you do not want to risk having your license sanctioned. If you or your company has received a violation notice or administrative complaint, you could face a variety of disciplinary actions, which may include suspension or even revocation of your license.

It is important to seek legal counsel as soon as possible if a health care practitioner or health care business has received any form of complaint or violation notice to avoid sanctioning. Do not make a costly mistake by trying to handle such matters without knowledgeable and experienced legal representation.

The attorneys at SMGQ Law will work to save your license or health care business and prevent future pitfalls that may result in further legal issues.