SBEMP’s Healthcare Department is comprised of attorneys with a wide breadth of experience in all areas of health law – regulatory, transactional, and litigation.
Our attorneys are here to assist clients in the following areas of this field:
FRAUD AND ABUSE: The federal physician self-referral statute (the “Stark” law), the federal anti-kickback statute, and the state law equivalents surrounding healthcare businesses and professionals are complicated, confusing, and can have catastrophic results for providers who run afoul of them. Our attorneys have the necessary experience with these fraud and abuse laws to ensure that your business remains compliant or within designated safe-harbors and exceptions to these laws.
LABOR AND EMPLOYMENT: SBEMP’s Labor and Employment Department consistently handles a broad range of healthcare employment matters from day-to-day counseling to labor negotiations and litigation. We have represented every side of the table: medical groups, employee physicians, and hospitals. SBEMP has litigated numerous employment claims and also provides pre-litigation counseling which includes training for your employees and HR teams.
MEDICAL PRACTICE FORMATION: The firm’s Business Department is available to assist physicians in forming new practices regardless of whether there is one physician involved or many. Our attorneys understand the special needs and legal challenges involved in forming a medical practice. We can ensure that the practice is compliant with both California’s corporate practice of medicine ban and federal fraud issues involving investors.
MERGERS & ACQUISITIONS: Our M&A Department can assist physicians/hospitals/and other health care institutions who are considering a merger or sale of their organization. In addition to the normal host of complex legal and business issues inherent in these transactions, healthcare mergers also often involve additional special regulatory considerations such as the antitrust and the fraud and abuse laws mentioned above.
COMMERCIAL DISPUTES: SBEMP represents its clients in civil litigation in both state and federal court throughout California. Our team is prepared to handle healthcare claims for matters such as payor reimbursement claims, breach of contract, and corporate non-compete/confidential information disputes.
CHARITABLE GIFTS & CONSERVATORSHIPS: The Trusts, Estates & Probate Department can formalize charitable gifts to your medical organization or its foundation/charitable arm and is available to assist clients in filing conservatorships when patients lack the capacity to provide informed consent.