Economic changes, accelerated by healthcare reform, have transformed the landscape of practice for healthcare professionals. The way in which healthcare services are delivered, organized, and paid for is undergoing rapid change. The integration of healthcare services poses new challenges for healthcare professionals from regulators and in the marketplace.
Nelson Hardiman counsels healthcare professionals to succeed in this challenging environment. With a culture focused on collaborative excellence, our lawyers understand the unique challenges of every imaginable concentration of healthcare professionals. For strategic counseling or representation in regulatory, transactional, or litigation matters, our team of healthcare-centric attorneys leverage their unique and varied legal expertise to accomplish the goals of all our healthcare professional clients.
Deeply immersed in an industry at the forefront of regulation, innovation and consolidation, Nelson Hardiman has a firm grasp on the changing landscape for complementary and alternative medicine providers (CAMs), who are leading the way in integrative treatment options.
We help alternative medicine providers, including providers of acupuncture, homeopathy, and naturopathy, to position their practices to meet shifting, increasingly stringent regulatory compliance standards and to accomplish their professional goals. Whether you need strategic counseling or representation in regulatory transactional or litigation matters, our attorneys understand the unique needs of CAMs and are committed to helping providers succeed in an environment of rapidly accelerating change.
Our Work Includes:
- Board of Chiropractic Examiners Removed the threat to a national chiropractic franchisor, with hundreds of clinics across the country, whose business model was under attack in California. Accused of violating the corporate practice of medicine doctrine, Nelson Hardiman made recommendations to change the company’s management structure and was instrumental in testifying on behalf of the company in front of the Board of Chiropractic Examiners.
- Cannabis Nelson Hardiman has been at the forefront of the medical marijuana industry since 2009, resolving novel and complex regulatory, compliance and licensing issues.
- FDA Investigation Defended neurofeedback device manufacturer in FDA investigation and response to warning letter.
- HIPAA Compliance Advised prominent anti-aging and integrative healthcare provider on standard of care, informed consent issues, marketing claims, and HIPAA compliance.
Recognized leaders in healthcare law, Nelson Hardiman advises dentists and other oral healthcare providers on legal and regulatory issues in the dental industry. From practice management, ethical and regulatory considerations, to insurance marketplace challenges and enhanced prescribing regulations in today’s climate of regulatory abuse, dentists are held to increasingly stringent standards of care.
Nelson Hardiman’s experienced team of healthcare attorneys advise dentists on the interrelated business, regulatory, licensing and litigation concerns of dental professionals at every phase of practice. We understand the professional, ethical and regulatory challenges faced by dentists and have the legal know-how and nuanced understanding of the healthcare industry you need to succeed.
Our Work Includes:
- Business Services Assisted in the formation of professional corporations, formation of management services organizations, and the preparation of shareholder agreements, space-sharing agreements, and dental lease agreements.
- Compliance Advised dentists on compliance with the Stark and Anti-kickback Statute, Denti-Cal, and the California County Dental Program.
- Dental Board of California Obtained early release from probation for an oral surgeon sanctioned in the case of a patient death during the extraction of a tooth.
- Denti-Cal Program Successfully represented a dentist suspended from participating in the Denti-Cal program by the Department of Health Care Services. Department agreed to rescind its suspension.
- HIPPA Counsel dentists on HIPAA and state patient data privacy and security requirements.
Nelson Hardiman supports the mission-critical legal needs of mental health professionals in healthcare systems and private practice in California and throughout the U.S. Psychologists and other mental health professional trust us to resolve their business, regulatory, and strategic challenges. With an impressive roster of seasoned healthcare attorneys and a national reputation for business acumen we help health professionals succeed in today’s evolving healthcare environment.
Our Work Includes:
- Business Transactions Advise on the formation of professional corporations, management service organizations, purchase, sale, space-sharing and buy-in agreements.
- California Board of Psychology Handle California Board of Psychology investigations and defense including claims of negligence, DUI and substance abuse, criminal charges, record-keeping and fraud.
- Compliance Consult on Stark and Anti-Kickback statute, Medicare and Medi-Cal issues, HIPAA and state patient date privacy and security, audit risk assessment, documentation and medical necessity.
- Licensing Compliance Protect the licenses of mental health professionals in investigations and administrative hearings before licensing boards.
- Litigation Defend False Claims Act/qui tam whistle-blower litigation, provider enrollment appeals, Medicare suspension and exclusions, business and employment litigation.
- Reimbursement Litigate Medicare and private payor reimbursement disputes.
Nurses and related healthcare professionals rely on Nelson Hardiman to navigate a highly regulated environment with rapidly evolving roles and scopes of practice. From licensing, bylaws and administrative proceedings to professional liability and risk management concerns, we’ve advised clients across all phases of healthcare compliance, and provided guidance and legal representation defending litigation claims. Our team blends the restorative mindset and insight of a healthcare professional with the legal strengths of field-tested healthcare attorneys. We’re committed to delivering legal solutions that achieve exceptional results for nurses and allied healthcare professionals.
Our Work Includes:
- Business Services Advised on the formation of professional corporations and management companies and on healthcare provider and managed care network contracts.
- California Board of Registered Nursing Persuaded Board to drop investigation of a registered nurse who was reported to her licensing Board for boundary violations as a home-based nurse.
- California Board of Registered Nursing Represented nurses in enforcement actions including licensing issues, complaints of negligence, incompetence, fraud and abuse, disciplinary actions, and related actions and appeals concerning the practice of nursing.
- Litigation Litigated Stark, Anti-Kickback and white-collar defense, payor and reimbursement disputes, overpayment appeals, business and employment litigation
- Medicare/Medi-Cal Defended fraud and abuse, exclusions and suspensions, provider enrollment appeals.
- Malpractice Defended against medical malpractice claims in binding arbitrations, court trials and on appeal.
- Medical Staff Advised on medical staff credentialing, peer review processes, medical staff bylaws and mandatory reporting requirements, changes in the law and needed revisions to policies and bylaws.
- Regulatory Compliance Counseled healthcare professionals on professional liability
Attune to the essential role of physical therapists in today’s healthcare delivery system, Nelson Hardiman charts a steady course through the regulatory challenges and business concerns that beset this growth sector of the healthcare industry. Pioneers in the telehealth transformation, we advise physical therapists on the telehealth models and regulatory laws involved in offering telehealth services. Our healthcare-centric attorneys combine strategic counsel with extensive experience negotiating business agreements and contracts and defending against complex regulatory compliance claims. Nelson Hardiman provides our physical therapist clients with the legal foundation to accomplish their professional goals.
Our Work Includes:
- Business Negotiated the formation of professional corporations, prepare managed care network contracts, associate buy-in, purchase and sale, and space-sharing agreements.
- Licensure Defended against license investigations of negligence, DUI or substance abuse, criminal charges, record-keeping and fraud.
- Litigation Defended provider enrollment appeals, Medicare reimbursement disputes, overpayment appeals, False Claims Act / Qui tam whistle-blower litigation defense, Medi-Cal suspensions and Medicare exclusions, business and employment litigation.
- Physical Therapy Board of California Persuaded Board to close a patient’s complaint alleging fraudulent billing practices with no further action.
- Regulatory Compliance Advised on compliance with the Stark and Anti-Kickback Statute, HIPAA and state patient data privacy and security requirements, audit risk assessments, and documentation and medical necessity requirements.