Whether you are a health care provider or a company that serves provider organizations, you know that the demands on the health sector are enormous. At Friday, Eldredge & Clark, we realize what you face. That is why we are focused on providing excellent service to health care professionals every day. Not only are we fully versed in the complex issues inherent in health care law, we provide transactional representation, regulatory and compliance counsel, compensation and benefits advice, labor and employment counsel, and litigation advocacy to a wide range of health care providers. You can confidently turn to us whether you want to buy or sell a hospital, resolve reimbursement concerns or make sure that you are HIPAA compliant. Call on us to defend you in malpractice claims, medical device and pharmaceutical product liability cases, and to advise you on medical staff bylaws. Whatever your needs, we understand and will help you to meet them.

We assist clients every day on compliance matters and will work with you to structure and document transactions as well as agreements to meet compliance requirements. We have been at the forefront in advising clients on patient privacy matters and HIPAA compliance. Our attorneys have extensive experience in advising clients on self-referral and fraud and abuse matters, including Stark and Anti-Kickback statutes, Medicare and Medicaid requirements, reimbursement issues, and audits and other compliance matters.

With our firm as your health law counsel, you will have a close, collaborative relationship with lawyers who are at the top of their profession. Six of our partners have been elected to the American College of Trial Lawyers, and 45 of our firm lawyers are listed in The Best Lawyers in America – more than at any other law firm in Arkansas. While we are honored to be held in such high esteem by our peers, we believe our clients are the best judges of our work and our service to them. When surveyed about how satisfied they are about working with us, here is what senior executives and in-house counsel at some of the largest health care provider organizations in the state said:

• “Totally, overall, we could not be happier—medical malpractice, tax, real property—all are outstanding!”
• “After 15 years, I still feel like they treat me like a big, important, new client….and in addition, they truly care about the institution….there’s a close connection. We always feel like we’re in good hands.”
• “[T]hey are the firm of choice in my opinion.”
• “They are very responsive, very responsive.”
• “At the Friday firm, they understand who their client is.”

Our health care lawyers have the insight and capability to effectively address your business, administrative and legal needs.

Our Work for Health Care Providers

Health Law

Health care providers must navigate complicated regulatory and compliance requirements on a daily basis.  Whether you are a major provider organization or a solo practitioner, we can provide counsel that combines detailed health care knowledge with practical business experience.  We can help with:

• Facility operations, contracting, managed care, risk sharing and reimbursement
• Physician and other health professional licensing, privilege, credentialing, disciplinary and regulatory proceedings
• Advice to hospitals and nursing homes
• Medical and dental malpractice defense
• Federal and state anti-kickback and fraud and abuse laws
• Federal and state self-referral laws, including the federal Stark law
• Restrictions on patient transfers, including the Federal Emergency Medical Treatment and Active Labor Act (EMTALA)
• Health Care Quality Improvement Act
• Patient consent issues
• Medicare and Medicaid reimbursement
• Federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA)
• Regulatory compliance, including compliance programs and internal audits to address regulatory
• Licensing and Certification
• Practice management group, preferred provider organizations (PPOs), independent practice or physician associations (IPAs), and professional associations
• Advice and counsel on the formation of group practices, employment agreements and other agreements
• False Claims Act and Qui Tam action defense, including corporate integrity agreements
• Medicare Recovery Audit Contractor (RAC) audits
• Compensation and Employee Benefits, including ERISA
• Statutory and regulatory drafting, review and monitoring

Transactions

Provider organizations trust our firm to make sure that mergers, acquisitions, joint ventures and contracting arrangements comply with all aspects of antitrust requirements and related fraud and abuse enforcement and regulation. For the cost efficiencies you want and the regulatory compliance you need, we can be of assistance in:

• Buying and selling hospitals
• Forming practice groups and joint ventures, including ambulatory surgery centers, hospitals and other ancillary service providers
• Sales and acquisitions of medical practices
• Real estate sales and purchases

Employee Benefits and Executive Compensation

You know that to hire and retain the skilled professionals you need,  you must strive to combine effective compensation strategies with competitive employee benefit plans.  Our lawyers understand competitive industry conditions and can provide benefits and compensation advice tailored to your operational needs in such areas as:

• Qualified retirement plans
• Non-qualified deferred compensation plans
• Executive compensation arrangements
• Health and other welfare benefit plans
• ERISA controversies and litigation
• Employee benefits and executive compensation in mergers and acquisitions
• Cafeteria plans

Government Regulations and Lobbying

Public policy issues concern health care providers and provider organizations.  We can help you shape the regulatory landscape through:

• Statutory and regulatory drafting, review and monitoring
• Representation before federal agencies

Labor and Employment

With our strong focus on representing hospitals and other health care providers, Friday, Eldredge & Clark knows how to identify the problems that can become employment lawsuits, and works to prevent problems or resolve controversies in the most effective way possible in issues involving:

• Physicians contracts
• Employment agreements
• Credentialing, disciplinary and regulatory proceedings

Litigation

If you are faced with a problem, we will help you work to resolve it.  Our ethical, aggressive, cost-effective litigation services include assistance with all areas of conflict resolution including representation in government regulatory actions, medical staff controversies, medical malpractice litigation, and product liability concerns:

• Representation of hospitals and doctors in medical malpractice cases
• Representation of ethical pharmaceutical manufacturers in class action product liability cases
• Representation of medical device manufacturers in product liability cases

Our Clients

We represent hospitals, ambulatory surgery centers, pharmaceutical companies, medical device manufacturers, physicians’ groups, insurers, individual practitioners, owners of nursing homes, and foundations. Our clients include such well-known entities as:

• American Physicians Management
• Arkansas Children’s Hospital
• Arkansas Children's Hospital Foundation
• Arkansas Urology, P.A.
• Baptist Health
• Baptist Health Foundation
• Chicot Memorial Hospital
• Children’s Healthcare Systems, Inc.
• Fort Smith Regional Healthcare Foundation
• Habilitation Centers, Inc.
• HealthFirst Physicians of Arkansas
• Medical Assurance/A Proassurance Company
• Medical Center Senior Services
• Medical Mutual Insurance Company
• Medical Protective Company
• Merck & Company, Inc.
• Orthofix, Inc.
• Pfizer, Inc.
• Rebsamen Regional Medical Center
• Saline Memorial Hospital
• White County Medical Center