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Health Care
Watkins & Eager’s health law practice group is primarily focused on the representation of physicians and physician groups. Our practice has the broad range of expertise and experience to address the diverse, multi-specialty legal issues that are important to health care providers in Mississippi. We have lawyers who are members of the American Health Lawyers Association, the Health Law Section of the Mississippi Bar, and the ABA’s Health Law Section. We have represented physicians, hospitals, clinical labs, ambulance companies, medical equipment suppliers, nursing homes, health care maintenance organizations, physical therapists and other providers throughout the state. We regularly advise our clients on legal issues applicable to the health care industry including:
Fraud and Abuse: A significant part of our practice is assisting clients in avoiding violations of anti-kickback and self-referral statutes. In addition, we have defended qui tam actions and governmental enforcement actions.
Corporate Compliance: We work with clients in all stages of the compliance process, from drafting plan documents and rendering advice on particular compliance issues, including HIPAA Privacy and Security compliance, to investigating problems and issues related to voluntary disclosure.
Mergers and Acquisitions: We have represented physicians and other health care providers in a number of acquisitions and sales of health care facilities or practices. We have also advised health care providers in various joint ventures.
Regulatory Matters: Our representation includes advising physicians and other providers with respect to contractual relationships, including the constraints imposed by the Anti-kickback and Stark laws. We also provide advice regarding facility licensure, certificates of need, HIPAA privacy and security matters, compliance with federal rules against "patient dumping" and EMTALA investigations.
Medical Staff Credentialing and Medical Practices: We advise physicians with respect to the entity structure of their practices and the relationships among physician owners and employees. We also provide tax advice and planning to physician groups. We have represented physicians involved in disputes concerning medical staff privileges and licensure.
Tax-Exempt Facilities: With regard to health care facilities that are 501(c)(3) organizations, we can offer advice on a variety of issues, including exempt status, intermediate sanctions, inurement and private benefit issues.
Litigation: We have represented providers in litigation and administrative appeals, including certificate of need (CON) filings and appeals, labor and employment, products liability, antitrust and ERISA issues. We have handled False Claims Act cases, involving interaction with the U.S. Attorney’s office and HHS/FBI investigators, negotiation of corporate integrity agreements and preparation of compliance plans. Members of the firm also regularly represent physicians, hospitals and nursing homes in medical malpractice cases.
Employment and Immigration: We have a fully developed Employment Law Group that regularly provides counsel to employers on various employment-related issues including employment-based immigration issues, J-1 waivers and select naturalization issues.
Real Estate and Financing: Our Real Estate Group focuses on the needs of clients throughout the state acquiring land and constructing new facilities, as well as rehabilitating existing structures. From negotiating the buy-sell agreement to closing the financing for the deal, our attorneys are equipped to assist clients from the inception of the transaction to the closing. We have represented both health care providers and financing institutions in a multitude of health care financings including bond financing and traditional loan financing.
Estate Planning: Our estate planning attorneys have represented physicians throughout the state to construct individual estate plans to achieve their goals for transfer of wealth with concurrent business and tax planning, including the minimization of estate taxes.
Lawyers in Health Care:
C. Joyce Hall - Primary Contact
Jamie G. Houston, III
Molly E. Jeffcoat
Mark D. Jicka
Jane B. Morgan
Mildred M. Morris
Timothy L. Sensing
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