Health Care

Reinhart's Health Care Practice attorneys work with clients on the entire continuum of patient care and complex legal issues.

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At Reinhart, we know that the health care industry is increasingly complex and more dynamic than ever. That is exactly what drives our commitment to continually see beyond the gray areas, searching for answers to challenges not yet uncovered while leveraging the deep knowledge we have already gained from our decades of experience in the space. This relentless focus on excellence has been a hallmark of Reinhart Boerner Van Deuren’s Health Care Practice since its founding. As a cornerstone of the firm today, these same principles will guide our counsel as we continue to adapt to an evolving industry.

To meet this commitment to our clients, Reinhart maintains a dedicated Health Care Practice that spans the entire continuum of patient care and runs the gamut of complex legal issues. What sets us apart is a multidisciplinary approach that combines the breadth and depth of our Health Care team with the resources of other practices that are complimentary to a dynamic health care organization, including Employee Benefits, Labor and Employment and Real Estate. The result is a seamless integration of services that provides an unmatched level of efficiency and experience.

Despite our robust size, we make it a point to remain agile and dynamic. We combine the depth of our institutional knowledge with a culture that is committed to continually learning and evolving on behalf of our clients. As the health care industry moves toward innovations such as accountable care and outcome-based models, our attorneys will continue to refine their counsel in response to the specific business needs of those we advise.

Reinhart’s Health Care lawyers make it a goal to become an extension of our clients’ operations, offering strategic legal and business advice individually suited for each unique situation. Our approach gives us great insight into the culture, decision making and risk tolerance of an organization, allowing us to provide even more customized advice. This has led to a well-established track record of successful outcomes for our clients.

We understand that both federal and state regulations govern the operation of health care organizations, and that regulations vary from state to state. Reinhart’s Health Care attorneys continually stay versed on the latest developments, potential changes and new applications of rules and regulations. This allows us to quickly and efficiently handle complicated matters and provide sound business advice that our clients value.

Reinhart attorneys provide legal and business counsel to a wide variety of health care providers, including, but not limited to, hospitals, individual health care professionals, home health agencies, skilled nursing and assisted living facilities, clinical laboratories, mental health providers, physical therapy clinics, multidisciplinary health care joint ventures and managed-care organizations including TPAs, HMOs, PPOs and limited-service health organizations.

Reinhart’s Health Care attorneys have a wide range of experience providing counsel on the following services:

Reinhart attorneys regularly provide counsel to academic medical centers and are well versed in the legal, regulatory and corporate issues they face. In addition, our attorneys assist clients in clinical research compliance, such as assisting in the development of human subject protections programs and related policies and procedures.
Since its inception, Reinhart attorneys have been at the forefront of efforts to analyze, interpret and distill the complexity of the Affordable Care Act (ACA) for our clients. We understand the enormous impact the law has had — and will continue to have — on business operations, and we recognize the sense of uncertainty that accompanies its ongoing implementation. Our attorneys leverage years of experience studying the law itself — as well as decades-long perspectives of practicing in Health Care and Employee Benefits — to guide clients through the confusion and arrive at sound decisions.

The ACA made extensive changes to the way health care is delivered to employees. Businesses of all sizes and across all sectors must understand how this law — and the changes it brings to the U.S. health care system — impact their organization.

Since the passage of the ACA, Reinhart attorneys have been actively interpreting its regulations. Through research, publications and presentations, our attorneys are on the forefront of disseminating their ACA knowledge. We help a variety of clients navigate the expansive and ever‑changing ACA requirements. Additionally, we assist our clients with addressing compliance issues and developing implementation strategies.

Reinhart Health Care attorneys regularly provide counsel to health care organizations on all types of transactions and agreements, including mergers and acquisitions of all sizes. Our vast knowledge of health care laws allows us to develop creative strategies to meet clients’ business objectives.

We also assist clients with identifying ways to grow and improve their organizations, including developing new lines of business.

Our attorneys also regularly provide counsel to health care providers, vendors and suppliers regarding:

  • Joint ventures
  • Information technology
  • Licenses
  • Financing
  • Franchises
  • Real estate sales and leases
Reinhart Health Care attorneys understand that time constraints and resource restrictions often present challenges for our clients at a time of increased scrutiny and regulation. We offer an innovative product — we offer clients the opportunity to have one or more experienced attorneys work on-site for a specified number of days each week.

Under this model, our attorneys can assist during periods of heavy workload and/or address a specific issue that may arise. We work closely with clients to learn about their challenges, determine their needs and offer a flexible staffing solution to help them stay current with the demands of their business.

Reinhart Health Care attorneys regularly advise clients on fraud and abuse matters, including the anti-kickback statute, the Stark Law and the False Claims Act. Our fraud and abuse counseling runs the gamut from developing compliant physician arrangements to submitting self-disclosures and negotiating favorable settlement agreements. We understand the serious implications that fraud and abuse issues can present and are always exploring creative ways to help solve those issues.

We also help clients identify ways to improve their organization’s compliance with fraud and abuse laws by developing contracting policies and procedures and template agreements that meet the requisite exceptions and safe harbors.

Reinhart Health Care attorneys are dedicated to providing counsel on the full spectrum of issues, both large and small, that health care organizations face, including:
  • Corporate compliance and compliance program development
  • Fraud and abuse counseling and defense
  • Licensure, certification and Medicare enrollment
  • Physician employment and other physician relationships
  • Vendor, facility and other contracts
  • Turn-key legal compliance (e.g., template agreements and policies and procedures)
  • Internal investigations and corporate compliance
  • Medicare and Medicaid survey issues
  • Federal and state investigations and inquiries
  • Reimbursement, including repayments and disclosures
  • Civil and administrative proceedings, including actions under the False Claims Act or similar state laws (including qui tam actions)
Reinhart’s Health Care attorneys regularly provide counsel on a wide range of health care organizational and governance matters. We make it our mission to become a true partner with our clients, embedding ourselves in their organization and serving as an extension of in-house counsel. We participate in committee discussions and meetings and board-level meetings. We also assist with preparing, revising and filing various corporate documents, including articles, bylaws, charters and resolutions.

Our in-house counsel clients value how our advice equips them with sound, actionable information they can share with their C-suite counterparts.

Reinhart’s Health Care attorneys understand the serious implications that government audits can present to a business. We approach every audit case with a sense of urgency and determination so as to effectively and efficiently resolve the issue at hand. Although audit cases can often be complex and daunting, we leverage our experience working with health care organizations across the country to skillfully reach a favorable outcome.

When an organization’s care is challenged, decades of health care law experience can make the difference. Reinhart attorneys respond to and defend organizations in all types of government audits, including Zone Program Integrity Contractor (ZPIC) audits, Medicare Administrative Contractor (MAC) audits and Medicaid audits. Reinhart attorneys have saved health care institutions multiple millions of dollars.

Our success is driven not only by our in-depth understanding of the unique clinical, legal and operational issues of a health care organization, but by our significant experience in the interrelationship between all types of health care facilities. Our extensive experience enables us to efficiently handle all types of audits cost effectively. We also partner with our experienced litigators to assist clients with appealing government audits.

Reinhart’s Health Care attorneys understand the necessity of a strong HIPAA compliance program. We regularly work with clients to develop policies and procedures regarding HIPAA and state-specific privacy and security laws. We have extensive experience negotiating business associate agreements and assessing and reporting potential breaches.

Reinhart attorneys also regularly represent vendors and other business associates regarding HIPAA compliance.

Reinhart’s Health Care attorneys leverage their extensive experience and deep connections to collaborate with external industry consultants for the benefit of our clients. We develop and maintain productive relationships with consultants on a variety of topics, including fair market value, compensation, and billing and coding.

Our attorneys are sensitive to privacy, and strive to ensure our outside consultants adhere to strict attorney-client privilege policies. Our attorneys manage the work of consultants on behalf of our clients, allowing us to always retain the best talent to achieve a favorable outcome.

Reinhart attorneys routinely provide counsel on issues relevant to a health care organization’s medical staff, including:
  • Preparing and revising medical staff bylaws, rules and regulations, and policies and procedures
  • credentialing practices
  • Assessing potential misconduct
  • Fair hearings
  • Peer review
  • Telemedicine issues
  • NPDB Reporting
  • Reporting to state licensing boards
  • Investigations and administrative proceedings by state licensing boards
Reinhart’s Health Care attorneys have extensive experience providing counsel on issues related to physician contracting. We understand the complex legal constraints within which health systems and physician practices must operate, and we assist our clients with various types of physician contracts, including:
  • Employment agreements
  • Independent contractor arrangements
  • Recruitment agreements
  • Administrative agreements (e.g., medical director agreements)
  • Call coverage agreements
  • Leases
Reinhart attorneys represent many nonprofit hospitals and other tax-exempt health care organizations, such as hospices, skilled nursing facilities and home health agencies. We are well versed in this heavily‑regulated area of tax-exempt law, and can assist clients with applications for exempt status, property tax exemption, sales tax exemption, and compliance with contracting and compensation requirements. We also partner with our experienced tax team to serve as bond counsel for many of our nonprofit health systems.

Attorneys

Author(s)

Larri J. Broomfield

Shareholder o: 414.298.8231 f: 414.298.8097 lbroomfield@reinhartlaw.com View full profile

Author(s)

Brian G. Carroll

Shareholder o: 262.951.4544 f: 262.951.4690 bcarroll@reinhartlaw.com View full profile

Author(s)

Jarod L. Ferch

Associate o: 608.229.2236 f: 608.229.2100 jferch@reinhartlaw.com View full profile

Author(s)

Heather L. Fields

Shareholder o: 414.298.8166 f: 414.298.8097 hfields@reinhartlaw.com View full profile

Author(s)

Robert J. Heath

Shareholder o: 414.298.8205 f: 414.298.8097 rheath@reinhartlaw.com View full profile

Author(s)

Timothy J. Kamke

Shareholder o: 414.298.8432 f: 414.298.8097 tkamke@reinhartlaw.com View full profile

Author(s)

Tracey L. Klein

Shareholder o: 414.298.8156 f: 414.298.8097 tklein@reinhartlaw.com View full profile

Author(s)

John A. Kramp

Associate o: 414.298.8346 f: 414.298.8097 jkramp@reinhartlaw.com View full profile

Author(s)

Robert J. Lightfoot II

Shareholder o: 608.229.2257 f: 608.229.2100 rlightfoot@reinhartlaw.com View full profile

Author(s)

Mary H. Michal

Of Counsel o: 608.229.2200 f: 608.229.2100 View full profile

Author(s)

Bryan K. Nowicki

Shareholder o: 608.229.2218 f: 608.229.2100 bnowicki@reinhartlaw.com View full profile

Author(s)

Meg S.L. Pekarske

Shareholder o: 608.229.2216 f: 608.229.2100 mpekarske@reinhartlaw.com View full profile

Author(s)

Karla Hutton Pinkerton

Associate o: 608.229.2238 f: 608.229.2100 kpinkerton@reinhartlaw.com View full profile

Author(s)

Christopher (CJ) C. Rundell

Associate o: 414.298.8519 f: 414.298.8097 crundell@reinhartlaw.com View full profile

Author(s)

Burton A. Wagner

Of Counsel o: 608.229.2201 f: 608.229.2100 bwagner@reinhartlaw.com View full profile
  • Led complex fraud and abuse investigations on behalf of prominent multi-hospital health system and assisted in designing and implementing new contract management processes and successfully negotiating a settlement agreement with the OIG
  • Managed legal issues involving physician recruitment, physician retention and separation, real estate, compliance with federal and state laws and regulations, joint venture development, and mergers and acquisitions of hospital systems, out-patient facilities and physician practices
  • Successfully coordinated the legal functions of a $20 million, multi-state out-patient radiology services company
  • Secured removal of an extrapolation decision for a hospice resulting in the reduction of the overpayment from approximately $6 million to approximately $100,000
  • Successfully defended one of the first federal hospice Medicaid Integrity Contractor audits by obtaining the withdrawal of nearly the entire $3 million overpayment.  With our significant experience in both hospice and nursing home regulatory issues, we coordinated with local counsel to challenge the State’s ability to recoup Medicaid nursing home room and board dollars on the basis that Medicare hospice services were alleged to have not been medically necessary.
  • Successfully defended numerous Wisconsin assisted living and nursing home facilities on appeal regarding regulatory violations and license revocations
  • Served as strategic counsel to a multi-hospital system in its assessment and selection of an affiliation partner
  • Served as legal counsel to a health system in a governance redesign initiative after its affiliation with another health system
  • Served as transaction counsel to a health system in its acquisition of a large multi-specialty clinic
  • Routinely assist hospitals in the conduct of physician disciplinary proceedings and fair hearings
  • Served as special counsel to a large, multi-hospital system in a medical staff consolidation initiative to establish consistent medical staff by-laws and procedures
  • Served as general counsel to a health system with respect to the construction of a $100 million replacement hospital and supervised the filing of the application for certificate of need with the Illinois Health Facilities and Services Review Board
  • Served as strategic counsel to a hospital in obtaining a favorable property tax exemption ruling from the Illinois Department of Revenue in the immediate aftermath of the Provena decisions
  • Routinely counsel health care providers and health insurance clients in handling credentialing matters, medical and legal bioethics issues, compliance and billing issues, managed care contracting strategies, FDA issues and patient confidentiality matters, as well as issues involving fraud and abuse, antitrust, tax exemption, and Medicare and Medicaid reimbursement
  • Represented online benefits enrollment company in its customer license agreements
  • Represented Doral Dental USA, LLC, a managed dental company with national operations, in its sale to DentaQuest
  • Represented Cobalt (Blue Cross) and its affiliates in several acquisitions
  • Transacted the sale of one of Wisconsin’s largest home health and durable medical equipment suppliers
  • Routinely assist clients on designing and implementing corporate compliance programs
  • Routinely review and revise HIPAA policies, procedures and forms and analyzing potential HIPAA breaches

News


Reinhart shareholder and Health Care Chair Tracey Klein weighed in on the issue of repealing the Affordable Care Act in a Milwaukee Business Journal article.
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U.S. News – Best Lawyers® highly ranks Reinhart Boerner Van Deuren s.c. (Reinhart) in numerous practice areas within Wisconsin and nationally in the recently released 2017 “Best Law Firms” listings.

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Reinhart welcomes attorney Tammi Tram Huynh to the firm’s Health Care Practice.
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Knowledge

BioForward Speaker Series: Keeping Biohealth Data Secure

Cybercrime has become the greatest threat to companies and organizations in the biohealth industry, as patient/scientific data are top-priority targets for hackers. How “cyber-ready” is your organization? Learn more about the cyber threat landscape and managing cybersecurity risk from this panel discussion.

| Heather L. Fields, Justin P. Webb

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"Reinhart attorneys are especially skilled because they understand the role of enterprise, the role of health care and the complimentary role of the practice of law in achieving organizational and business objectives. It’s very helpful and very necessary to work with a multi-disciplinary team." — Paul Van Den Heuvel, Vice President and General Counsel, Mercy Health Corporation

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