An Overview of Common Issues
The healthcare industry is one of the most highly regulated in the country. For this reason, litigation throughout the healthcare industry has become more common, more diverse, and more complex. Although healthcare litigation cases are subject to many of the same rules and strategic concerns as traditional civil and white collar criminal litigation matters, the vastness of the statutory and regulatory framework introduces critical nuances that are unique to the healthcare industry. The ability of legal counsel in a healthcare litigation case to properly account for and address those nuances is essential to reaching the best possible resolution for healthcare clients, and attorneys who do not have this experience in the healthcare industry can often unintentionally impede resolution or even exacerbate their clients’ civil or criminal liability by exposing them to new violations.
“As the regulatory environment in the healthcare industry has grown more complicated, we have found that litigators with deep healthcare experience and resources keep and get their clients out of trouble.” – Litigation Chair, Bruce Singal
Accordingly, perhaps more than in any other area of litigation, experience matters in the healthcare litigation arena, and an individual or facility that becomes embroiled in healthcare litigation—or that seeks to avoid it—can benefit greatly by retaining counsel who possess experience in both the traditional litigation and the healthcare fields.
What follows is an overview of some of the most common types of healthcare litigation. Each raises highly specific and sometimes technical aspects of healthcare law that will likely play a significant role in successfully resolving the matter.
- The Anti-Kickback Statute
- The Stark Law
- The False Claims Act
- Enforcing Contracts with Third-Party Payors
- Third-Party Payor Appeals
- HIPAA Enforcement Litigation
- State Regulatory Healthcare and Appeals Litigation