Health Care Litigation
Health Care Litigation
We draw on our extensive knowledge of both the legal and operational issues our health and senior care clients confront to provide comprehensive litigation and dispute resolution services. Attorneys in other practice areas of the firm who specialize in corporate law, senior care regulation and operations, transactional health law, real estate, labor and employment law, construction, public agency law, and insurance recovery enhance our ability to zealously and effectively advocate for our health and senior care clients.
The health and senior care industries face unique issues and challenges. We are sensitive to the economic and operational impact of litigation on our clients and strive to resolve cases efficiently. We perform careful and candid case analysis and assessment at the outset and work in partnership with our clients to create a litigation plan. We aggressively defend or prosecute actions in state and federal trial courts, appellate courts, arbitration settings, and administrative forums. We are also skillful negotiators. No matter the setting, we work hard to help our clients achieve their goals.
Experience
- Medical staff credentialing and peer review matters
- Citations and deficiencies imposed by the California Department of Public Health, California Department of Social Services, and the U.S. Centers for Medicare & Medicaid Services (CMS)
- License revocation actions and denials
- Complex business and contract disputes
- False Claims Act, government investigations, and fraud and abuse
- Resident transfers, discharges, and evictions
- Capacity and consent disputes
- Unfair business practices
- Medicare and Medi-Cal reimbursement
- Class action lawsuits
- Insurance coverage for claims
- Tort claims, such as elder abuse, wrongful death, fraud, and professional negligence
Representative Clients
- Hospitals and organized medical staffs
- Skilled nursing facilities
- Assisted living facilities
- Independent senior living and continuing care retirement communities
- Intermediate care facilities for the developmentally disabled
- Medical groups
- Home health agencies and other health providers
- Licensed health care and senior living professionals
- Federally Qualified Health Centers (FQHC)
Key Contacts
News & Resources
Peer Review by Licentiates Only: Beware Health Care Service Plans!
While California law makes clear that peer review must be performed by licentiates, the California Court of Appeal recently emphasized that the only exception applies to governing bodies of acute care hospitals. Other peer review bodies, such as health care service plans, must ensure that peer review actions are taken by licentiates.
SB 1451 Updates Some Requirements for 103 and 104 Nurse Practitioners
New California law clarifies transition to practice and disclosure requirements for 103 and 104 Nurse Practitioners.
New California Laws Prohibit Medical Debt Reporting and Require New Disclosure Language
California SB 1061 prohibits reporting of medical debt to consumer reporting agencies and requires disclosure of the reporting prohibition in contracts. Violations of the new law render contracts void and unenforceable.
CMS Ditching the Facility-Initiated Discharge and Ramping up Potential Penalties
Moving into 2025, CMS has noticed comprehensive revisions to its surveyor guidance, which are set to go into effect in February 2025. Skilled nursing facilities will need to prepare for these changes.
Analysis: Three 2024 Cases That Could Affect Healthcare Fraud Enforcement
This analysis looks at three federal cases that could have important implications for healthcare providers subject to an investigation or legal action under the Federal False Claims Act or the Civil Monetary Penalties Law.
Final Rule Gives CMS Increased Power to Impose Money Penalties on Skilled Nursing Facilities
The Centers for Medicare & Medicaid Services’ (“CMS”) final rule on the Prospective Payment System for Fiscal Year 2025 was published in the Federal Register and includes an increased ability for CMS to impose monetary fines on skilled nursing facilities.
The Nuts and Bolts of Trust, Estate and Financial Elder Abuse Mediation
Dan Spector provides a practical guide to mediations of disputes involving trust, estate (which is used broadly to include contested conservatorships), and civil financial elder abuse (“FEA”) claims.