Healthcare

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Mirick O’Connell’s Health Law Group understands the complex needs, challenges and regulations facing the healthcare industry. Our Group represents hospitals, academic health centers, licensed clinics, large and small physician practices, individual physicians, ambulatory surgery centers, nursing homes, home healthcare providers, and medical device manufacturers.

Regulatory and Compliance

Our Health Law Group aids clients of all types, whether hospitals or physician groups, in navigating the complex regulatory field of the healthcare industry. The Group’s advice includes clients that are trying to wrap their arms around a Stark Law or Anti-Kickback Statute matter, facing any type of investigation, licensure issues, privacy and security breaches or compliance, governance issues unique to healthcare entities and many other similar issues that arise in the healthcare field.

Inquiries about our Regulatory and Compliance Services may be directed to Matthew R. Fisher at mfisher@mirickoconnell.com.

Transactional

Our Health Law Group has extensive experience assisting for-profit and non-profit healthcare industry clients with strategic alliances, mergers and acquisitions, and healthcare capital and equipment financing, including bond financing. We draft, review and negotiate contracts involving all aspects of our healthcare clients’ businesses, including contracts with vendors, third party payors, individual physicians and physician groups, medical device manufacturers, landlords and tenants. We handle employment issues, labor disputes, employee benefit matters, and executive compensation. We also assist our healthcare clients with real property leasing, permitting, zoning, construction and conveyancing.

Inquiries about our Transactional Services may be directed to Matthew R. Fisher at mfisher@mirickoconnell.com.

Litigation

Our Health Law Group frequently defends physicians, nurses, hospitals and medical groups in medical malpractice claims. We represent healthcare clients in business and professional disputes. We represent physicians and other healthcare providers before their respective professional licensing boards. The Health Law Group guides clients through responding to investigations by federal and state governmental entities, including the Department of Health and Human Services Office of the Inspector General, the Center for Medicare and Medicaid Services, the Department of Justice and state Attorney General offices, including investigations into alleged healthcare fraud and medical billing issues. The Group has extensive experience representing hospitals, clinics, physician practices, nursing homes, and medical device manufacturers before state and federal courts, the MCAD and the EEOC in labor and employment disputes, including defense of wrongful termination claims, breach of contract allegations, as well as discrimination, harassment and retaliation claims. The Group also represents clients with unionized workforces in defending grievance and arbitration claims, unfair labor practice charges and in collective bargaining negotiations and strategies.

Inquires about our Litigation Services may be directed to Elizabeth L. B. Greene at egreene@mirickoconnell.com, Joan O. Vorster at jvorster@mirickoconnell.com or Robert L. Kilroy at rkilroy@mirickoconnell.com.

Matt Fisher quoted in Physicians Practice, "4 ways to reduce the risk of a suit"

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Matt Fisher quoted in Physicians Practice "5 Guaranteed Ways to Get Sued"

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Mirick O'Connell Featured in Worcester Telegram

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Worcester Chamber Salutes Mirick O'Connell on 100 Years of Excellence

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Mirick O'Connell Celebrates 100th Anniversary!

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Elizabeth Greene to Receive Heart of Gold Award

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Mirick O'Connell Sponsors the ABA Emerging Issues in Healthcare Law Conference

02/21/2018[ read full story ]

Mirick O'Connell Participates in AHA's National Go Red for Women Day

02/05/2016[ read full story ]

Mirick O'Connell Sponsors Reliant Foundation's Drive for a Difference

05/17/2015[ read full story ]

Mirick O'Connell Participates in Central MA Heart Walk

05/02/2015[ read full story ]

Expanding Value-Based Care to Addiction Treatment

The shift to value-based care is impacting every aspect of healthcare. As has been well documented in many places, including this blog, value-based care is built upon the concept of driving enhancements to the quality of care while taking focus …

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HIPAA as Facilitator

The excuses for health information not freely flowing are numerous, but very often come back to alleged privacy concerns under the Health Insurance Portability and Accountability Act and its associated regulations, or “HIPAA” as it is more often referred to. …

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Direct Contracting: Less Explored Value Based Care Concept

Value based care is an amorphous concept that covers a lot of the so-called alternative payment methodologies driving a lot of current transformation in healthcare. The basic premise for value based care is to transform healthcare from a quantity based …

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Data Flow Challenges

The concept of health information exchanges (HIEs) is not new for healthcare. States, regions and other collections of healthcare entities have been attempting to scale up HIEs for years. Such efforts clearly predate the major drive into electronic health information …

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Value-Based Care Conundrum: Overpromised Solution or Real Change

The path to value-based care in healthcare is becoming murky. After a few years of heightened promise and hope, the current and near future reality is not necessarily so promising. Results from innovation programs such as accountable care organizations, bundled …

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Getting Measured for Stripes: Increasing Criminal HIPAA Violations

It has been just over three years since the first post about criminal HIPAA violations in this blog. At that time, a couple of stories over the span of a few weeks raised some eyebrows. The 2015 stories appeared to …

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Attack of a Paper Tiger: Ignoring Own Policies Leads to HIPAA Fine

On June 18, 2018, the Office for Civil Rights released a decision and memorandum from an Administrative Law Judge following a dispute over HIPAA fines imposed against The University of Texas MD Anderson Cancer Center (“MD Anderson”). The decision for …

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Privacy Invasion or Smart Marketing: Geofencing in Healthcare

The healthcare industry got a loud introduction to geofencing marketing recently. The headlines were driven by a law firm targeting individuals going to an emergency room. In particular, the ads attempted to lure individuals into a personal injury suit. The …

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To Audit or Not?

Questions often arise as to what terms need to be and should be included in a business associate agreement. The distinction between “need” and “should” is very important. The regulations implementing HIPAA set out what “needs” to be included as …

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An Unnecessary Privacy Risk?: Online Nursery Photos

Privacy and security of personal information are topics of constant discussion inside and outside of healthcare. Current events keep the heat on as one or the other never strays very far from headlines. The Facebook breach/expected use of data (angle …

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