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, nurse practitioners, physician assistants, podiatrists, dentists and other medical clinicians, ambulatory surgery centers, nursing homes, home healthcare providers, and digital health companies.

Regulatory and Compliance

Our Health Law Group aids clients of all types, whether hospitals, physician groups, individual clinicians or digital health companies, 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 HIPAA, 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 has an extensive track record of success defending physicians, nurse practitioners, physician assistants, nurses, and other medical clinicians, as well as, hospitals and medical groups in medical malpractice claims through trial in state and federal courts, and through alternative dispute resolution. We represent healthcare clients in business and professional disputes. We represent physicians and other healthcare clinicians 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 Business.com Article "How Do HIPAA Laws Impact Employers (and HIPAA Compliance Checklist)?"

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Elizabeth Greene quoted in Hospital Peer Review Article " What to do When Malpractice Allegations Become Defamation"

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Elizabeth Greene recognized by Massachusetts Lawyers Weekly as being one of the "2020 Top Women of Law"

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Elizabeth Greene quoted in Relias Media article " Questions Raised Over Clinician Discipline in Covid-19 Era"

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Elizabeth Greene Receives American Heart Association 2020 Legacy Leadership Award

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PODCAST: Paul Medeiros of Easterseals MA discusses how the organization is supporting the community during COVID-19 | Recorded 8.3.20

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Elizabeth Greene quoted in Healthcare Risk Management article " Avoid Common Mistakes in Handling Medical Malpractice"

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PODCAST: Bob Kilroy discusses issues employers may face upon re-entry into the workplace during the COVID-19 Pandemic | Recorded 5.15.20

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Elizabeth Greene quoted in Worcester Telegram & Gazette article "Health Foundation Grants Deliver Results Across Central Mass."

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Refresher on HIPAA Compliance

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Matt Fisher Quoted in Fierce Healthcare article, "Privacy experts skeptical of Facebook's moves to protect sensitive health information"

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Matt FIsher Quoted in Fierce Healthcare article, "HHS moves to reduce HIPAA fines, lowering the cap more than $1M for some violations"

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Matt Fisher Quoted in HealthData Answers, "Industry Reacts to New Proposed Rules"

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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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Elizabeth Greene quoted in Part B News article "When Patient Refuses to Wear a Mask, Stand on Rights or Work to Accommodate"

Mirick O'Connell Participates in National Go Red Day

02/07/2020[ read full story ]

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 ]

Reminder, Provide Access to Data

Another Settlement The Office for Civil Rights started 2021 off with another settlement of alleged non-compliance with the HIPAA right of access. The settlement, as noted by OCR, is the 14th right of access settlement since OCR began its targeted …

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Looking Ahead: Promise After a Tumultuous Year

Every year brings its own successes and trials, but 2020 brought more than its fair share of trials. The biggest issue that dominated healthcare throughout the year (and will continue to do so into 2021) was COVID-19. The unexpected, swift, …

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HIPAA Progress: Incremental or By a Leap?

After a bit longer of a delay than was initially expected, the Department of Health and Human Services released a proposed rule to change pieces of HIPAA. The proposed rule is the outcome from a request for information that closed …

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Step By Step: Incremental Telehealth Change

Building on years of hype and promise, telehealth began to get its moment in early 2020 when COVID-19 brought much of the healthcare system to a halt as a means of enabling care to be focused on the growing pandemic. …

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Too Many Threats, Too Often

It used to be that almost a day could not go by without the report of a phishing attack. Now seemingly a day cannot go by without a ransomware attack being reported. While phishing may be a route in, it …

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Access Management: Who Can be on the System

Who can be on a healthcare organization’s system and who can access patient information? HIPAA establishes very clear guidelines and expectations on that front. The baseline expectation is that only individuals who are actually part of an organization’s workforce can …

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National or Local: How Should Privacy be Determined

The debate around privacy that had been forefront of mind for many prior to COVID-19 disrupting everything has not gone away. Instead, privacy has been simmering in the background, every so often be thrust into the spotlight during the course …

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Protect the House: Focus on Security on All Fronts

Not a day can go by without the importance of security being underscored as the means by which privacy can be maintained. Data breaches continue to be disclosed daily, if not more frequently, HIPAA settlements are coming fast and furious …

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Head In the Sand Leads to HIPAA Fine

Continuing a hot streak in the fall of 2020, the Office for Civil Rights announced another HIPAA settlement with a business associate on September 23, 2020. The $2,300,000 fine was imposed on a business associate following a months long cyberattack …

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Deny Patient Access at Own Risk

The Office for Civil Rights (“OCR”) continues its recent attention to enforcing an individual’s right of access under HIPAA. The latest step is the concurrent announcement of five settlements with various entities for alleged failures to provide records upon request. …

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