Louisiana Health Care Defense Lawyer

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Health Care

Beyond the roles most commonly associated with hospitals are other essential companies and industries, such as pharmaceutical manufacturing companies, laboratories, and medical equipment manufacturers. A qualified Louisiana health care defense lawyer is experienced in defending the full range of health care companies and providers.

Who Needs a Health Care Defense Lawyer?

At Degan, Blanchard & Nash, we provide legal representation to different parties in need of a health care defense attorney. The firm handles health care, health care regulatory and reimbursement, compliance, transactions, administrative and health care litigation matters. It represents the full range of providers, suppliers, managed care companies, pharmaceutical companies, pharmacy benefit managers, clinical laboratories, dialysis facilities, health systems, hospitals, teaching facilities, and rural providers.

Beyond the aforementioned clients, Degan, Blanchard & Nash represents FQHS, long term care providers, CCRCs, home health and hospice providers, ambulatory surgery centers, urgent care centers, physicians, physician organizations, dme, prosthetics, orthotics and supplies companies and others. The firm can provide support ranging from initial formation, licensure, Medicare/Medicaid participation, change of ownership, to operations and compliance.

Health Care Suits in Louisiana

Louisiana health care systems have faced harrowing legal suits in the past, and they certainly will again. LCMC in New Orleans faced a lawsuit in 2023 for allegedly sharing patient data with social media giant Facebook. A home health care company in Baton Rouge known as Charter Home Health faced a fraud complaint over five years ago, which resulted in a settlement of over $1.5 million.

In Lafayette, Louisiana, Lafayette Physical Rehabilitation Hospital paid over one million dollars to settle a claim dealing with allegations that they violated the False Claims Act. As seen from all these cases, health care companies can lose large amounts of money and gain negative press attention due to legal suits. Working with a health care defense lawyer early on can help mitigate negative effects or potentially avoid litigation altogether.

Range of Knowledge a Health Care Defense Lawyer Can Offer

Health care cases demand a wide range of legal knowledge, which is what Degan, Blanchard & Nash can offer. It handles HIPAA, telehealth, EMTALA, value based purchasing, biotechnology, medical research and clinical trials, contracting, joint ventures, investigations and audits, and day to day regulatory compliance including but not limited to Stark and state and federal fraud and abuse anti-kickback, and False Claims Act compliance.

It handles peer review and credentialing matters, medical staff disputes and reporting and serves as an independent hearing officer. It handles disaster relief and emergency preparedness matters. It advices on clinical integration, ACO, and other managed care participation.

While legally representing health care providers or any entity in the health care system requires a certain level of experience and knowledge, this is particularly true in Louisiana. Louisiana is unique among all 50 states, as it bases its legal system on the old civil law of France instead of common law. This means a medical entity with locations in multiple states needs legal representation that specifically understands Louisiana laws and courts.

Degan, Blanchard & Nash’s team of trained legal professionals offers not only mediation, arbitration, and litigation but also experience with all levels of the Louisiana court systems. With locations in Baton Rouge, Lafayette, and New Orleans, the firm also has established relationships with court officials and an established reputation in the local court systems. The team also has a number of professionals specifically dedicated to appellate law practice.

Compliance

While it is important to have legal representation you can trust, it is also wise to prevent unnecessary litigation. Whether by having a lawyer review and revise employment contracts or provide guidance to hospital compliance officers, attorneys can help prevent litigation before it ever occurs. Choosing to seek legal counsel early on can save time, money, and preserve a health care company’s reputation.

The firm provides compliance counseling, training to staff and the officers and directors and other key personnel. It drafts compliance plans, policies and procedures, conducts annual compliance reviews, provides advice and guidance to the compliance officer and HIPAA compliance officer. Among the host of services the firm provides are:

  • Legal assistance in internal and external audits
  • Provides legal assistance in licensure, survey and CHOW matters
  • Seeks advisory opinions
  • Guides its clients through voluntary disclosures, and repayment matters including extrapolation and data mining, on a state and federal level.

It provides advice and guidance on The Ethics in Patient Referrals Act (Stark law) fraud and abuse anti-kickback laws, False Claims Act, HIPAA and EMTALA as well as other laws. It provides guidance regarding corporate integrity agreement, compliance and reporting and can also serve as an Independent Review Organization.

Government Investigations and Audits

The firm defends providers, suppliers, billing and managed care companies in government investigations and audits from the outset of the investigation or audit through the administrative or legal process, settlement, trial, and, if necessary, appeal. It handles government subpoenas, and CIDs, as well as qui tam and other complex litigation. It has handled matters before MACS, government audit contractors, ZPIC auditors, OIG, AUSAs, CMS, DEA and others.

Whether you are a legal representative yourself who is looking for legal advice specific to Louisiana, are the proud owner of a home health care business, or are involved in the health care system in another way, the team at Degan, Blanchard & Nash can support you. Each health care case is unique and demands a knowledgeable and tailored approach. Reach out to Degan, Blanchard & Nash today to begin handling your legal issues alongside a competent legal team.