Business is not just business as usual for healthcare providers, insurers, companies, institutions, physician practice groups, long-term care facilities, and surgery centers. Regulators struggle to keep pace with the accelerated speed of innovation in technology and service solutions, which presents significant opportunities for providers, but compliance challenges still exist and involve a wide range of applicable laws.

Healthcare & Wellness Innovation Enterprises

Recent changes in federal and state healthcare policy goals have increased the potential application of free or private market healthcare and wellness solutions providers and affiliated business enterprises offer. McGlinchey Stafford possess national prominence in creating, guiding, and supporting various private direct healthcare and wellness models throughout the U.S. Our work in this area includes:

  • Evaluating private fee options offered to consumers/patients for Medicare and other federal/state compliance
  • Structuring provider models designed to offer private fee services or products while navigating applicable regulatory challenges
  • Creating compliant business models that allow non-provider enterprise integration with healthcare and wellness services and product providers
  • Providing guidance to wide-ranging enterprises engaging in healthcare or wellness data, education, or products, including proper structuring of physician employment/integration and navigating compliance challenges posed by physician compensation structures
  • Combining business planning and documentation support with marketing review to ensure outward-facing messaging and internal compliance structuring are consistently maintained
  • Supporting innovative enterprises with legal guidance relating to complexities arising from receiving, storing, or utilizing data in tandem with electronic communication platforms to ensure compliance at the federal and state levels
  • Assisting with structuring employer-funded health or wellness solutions
  • Supporting life science and technology companies innovating and disrupting U.S. healthcare and wellness solutions

Traditional Healthcare & Wellness Compliance Support

From labor and employment issues generated by OSHA compliance to special tax and privacy constrictions, to the Employee Retirement Income Security Act (ERISA) and the Health Insurance Portability and Accountability Act (HIPAA), our healthcare team’s experience is expansive.

We apply institutional and regulatory insight when advising on business, transactional, and managerial issues affecting the daily operations of our healthcare clients. Our scope of services encompasses:

  • Bankruptcy and liquidation
  • Commercial contracts and transactions
  • Compensation agreements
  • Delivery of service issues (informed consent, life support, and termination of care plans)
  • Entity formation
  • Finance (equipment leasing, investments, and reinvestments)
  • HIPAA compliance
  • Joint ventures and strategic alliances
  • Labor and employment contracts and benefits plans
  • Mergers and acquisitions
  • Real estate (property leases, acquisitions, and sales)
  • Risk management
  • Self-insurance arrangements
  • Tax planning (tax-exempt and taxable entities)

We partner with in-house counsel, senior management, and administrators to achieve practical and viable business approaches that address the political, economic, and legal sensitivities of public and private healthcare institutions and organizations.

Physician Practice Services

Representing both single and multispecialty practices, we offer a comprehensive range of creative legal counsel to physician-owned organizations:

  • Commercial counsel (contracts, equipment leasing, real estate, finance, tax)
  • Credentialing and licenses
  • Employment and compensation agreements
  • Entity formation and management
  • Joint ventures
  • Litigation
  • Payroll disputes
  • Professional liability and malpractice
  • Provider agreements with Health Maintenance Organizations (HMOs), Preferred Provider Organizations (PPOs), and Third-Party Administrators (TPAs)
  • Regulatory compliance (Stark and Anti-Kickback, HIPAA, Medicare, and Medicaid)
  • Vendor and third-party administrator contracts

From advice on Medicare reimbursement and integrated delivery networks to preventive counsel on non-compete agreements and risk management, McGlinchey Stafford offers comprehensive resources for the establishment and sound management of medical practice groups.