Regulatory Compliance

Much of this work is focused on helping the firm’s clients comply with the various laws and regulations applicable to the health care industry, including the following:

• Federal and state anti-kickback and 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
• End-of-life issues
• Medicare and Medicaid conditions of participation
• Federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA)
• False Claims Act

Many health care clients are tax-exempt entities, and the Practice Team regularly advises clients on issues such as private benefit and inurement, intermediate sanctions, and the structuring of joint ventures with non-tax-exempt entities.

Johnston Barton lawyers work with clients to develop compliance programs attuned to the client's own particular needs, and help those clients presented with various compliance issues. The firm is experienced in developing and implementing compliance programs and conducting internal audits assessing regulatory compliance.

The firm routinely advises clients in connection with investigations and enforcement proceedings initiated by various federal and state agencies including Centers for Medicare and Medicaid Services (CMS), Office of Inspector General, Federal Trade Commission, Department of Justice, state health departments, state Medicaid agencies, and state professional licensure boards. We advise clients on self-disclosure rules, as well as when to seek advisory opinions. The Practice Team also works very closely with the firm's White Collar Criminal Defense Practice Team to help clients respond appropriately to governmental fraud investigations and qui tam actions.

Contact:

David M. Hunt