• EMAIL
  • PRINT
  • PDF
  • Bookmark and Share
  • “Their client service, responsiveness and experience are excellent. Lawyers offer competitive value and they have the backup to cover any issues that arise.” 

    “Their client service is exceptional - the best I have encountered.”

    “We got excellent counsel and advice on governance, contract assignments and federal healthcare compliance.” - Chambers USA

Health Care

The complex business, regulatory and legal issues facing all aspects of the health care industry are ever-changing. The McCarter & English Health Care team has a thorough knowledge of these developments and addresses them with the resources of an interdisciplinary team of active practitioners. 

Our Health Care practitioners serve a wide variety of health care entities, including acute care and specialty hospitals and health systems; universities with medical schools, academic medical centers and faculty practices; sub-acute care facilities; nursing homes and continuing care retirement communities (CCRCs); home care and hospice providers; physicians and group practices; employers with health care insurance coverage agreements or self-funded plans; charitable foundations fundraising for and supporting health care services; nonprofit agencies or other organizations providing health services; and health care trade associations. Related client groups include pharmaceutical manufacturers; medical device and medical equipment providers; investment and commercial banks; and venture capital funds and other lenders or investors involved in the purchase, financing or sale of health care assets and services.

Our services include representation in connection with capital finance and transactions; public finance; state and federal regulatory and criminal investigations; data security and information technology; mergers, acquisitions and affiliations; governance and compliance; intellectual property; antitrust; labor and employment; litigation; real estate; renewable energy; bankruptcy and restructuring; and tax and tax exemption.

Capital Finance & Transactions

For over 30 years, McCarter & English has been involved in the delivery of sophisticated legal services to the health care capital markets. We have served as bond, underwriter's, bank and borrower's counsel for billions of dollars of acute and sub-acute debt, financing and refinancing assets relating to thousands of beds and units, along many different service lines. We have contributed to the development of some of the most complex and innovative financing structures utilized by health care providers in the region.

Our Public Finance lawyers have assisted our clients in many kinds of regulatory and compliance issues that arise following the closing of a bond transaction, including covenant and other defaults. A specialized area of capital finance expertise is in the sub-acute area, where our Public Finance lawyers have served as bond counsel for nearly every congregate care community financed in New Jersey and generally helped in developing access to the tax-exempt debt market for these types of providers.

Information Technology

Our Information Technology Practice represents management services organizations (MSOs), health maintenance organizations (HMOs), health plans, hospital systems and provider groups in a broad array of Health Information Technology and technology-enabled products and services around the world. Our attorneys have negotiated HIE, EMR, EHR, PACS and other operational clinical systems transactions against every major vendor in the industry, including NextGen Healthcare Systems, eClinicalWorks, MDE, Cerner and Ingenix.

Data Security

Our lawyers are dedicated to staying out in front of the developments regulating healthcare technology and information. We advise clients in operational, governance and compliance matters, with a particular emphasis on privacy and data security in regulated industries, including the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standards, and SSAE-16 and AT 101 requirements.

ASO, TPA & ACO Transactions

Leveraging their industry knowledge and legal expertise, McCarter’s Sourcing and Supply Chain lawyers regularly represent self- and fully insured health plans in Administrative Service, provider network transactions including structuring and negotiation of performance guarantees. We also represent health systems and provider groups in the emerging area of ACO transactions. Finally, we represent self- and fully insured health plans as well as HMOs, MSOs and third-party payers in all aspects of TPA and/or claims processing transactions against every major vendor in the industry, including The TriZetto Group, UHG and Perto Systems Corporation.

Antitrust Counseling & Litigation

McCarter & English regularly provides legal counsel to health care clients on federal and state antitrust laws that are implicated in structuring hospital mergers, acquisitions, affiliations and joint ventures. The need for such advice also arises in negotiating contracts and cooperative arrangements with health insurers, HMOs and other third-party health care payers. Hospitals' various relationships with physicians, as well as their efforts to regulate the conduct of their medical staffs, frequently implicate potential antitrust claims. Our Antitrust attorneys also counsel physician groups, pharmaceutical companies, medical supply distributors and equipment manufacturers on a wide variety of competition issues.

To the extent that a client's needs extend beyond counseling and transactional advice, we work closely with our Antitrust attorneys as needed. Trial and appellate attorneys experienced in handling antitrust issues in all courts combine their skills with our Health Care lawyers' industry knowledge to effectively and efficiently litigate cases in this field. Our Antitrust attorneys also assist clients in quickly, effectively and efficiently responding to government inquiries and investigations.

General Counseling of Health Care Providers

McCarter & English provides ongoing general legal counsel to hospitals and a variety of other health care providers. In this capacity, our lawyers field inquiries on a daily basis on the full spectrum of legal issues confronting management, including contracts, employee relations, insurance, liability, tax and tax exemption. Our Health Care attorneys have sufficient breadth of experience to handle these situations as they arise, but also serve to coordinate the efforts of other practice groups as warranted by the size and complexity of the client's needs.

Governance & Compliance

Our Health Care lawyers have a great deal of experience advising our clients with respect to governance and compliance issues. Particularly since the passage of the Sarbanes-Oxley Act, we have worked extensively with our nonprofit health care clients in adopting governance "best practices," including the formation of independent audit committees and the adoption of codes of conduct and conflicts-of-interest policies.

For many years, we have also assisted our clients in the development and completion of corporate compliance programs and have represented them in government investigations, including matters involving both state and federal agencies (e.g., the NJDHSS, the USDHHS-Office of Inspector General, the U.S. Department of Justice and the SEC). We have also assisted our clients in conducting internal investigations relative to possible violations of law by their employees, contractors or members of their medical staffs.

Labor & Employment

Our Health Care lawyers regularly advise health care and related industry clients on all types of labor and employment issues. Having worked with health care institutions for decades, our practitioners understand the special problems associated with operating a clinical environment on a continuous basis.

Specific employment law matters handled by our labor and employment attorneys include:

Preventive employment counseling, physician contract enforcement actions, internal investigations, policy development, preventive and management training, and employment litigation, including class action litigation under Title VII, the ADEA, the ADA, the FMLA, and state FEP laws; whistleblower, non-compete and breach of contract litigation; and wrongful discharge claims.

Collective bargaining, employer counterorganizing campaigns, NLRB representation cases and unfair labor practice proceedings and investigations, proactive union avoidance, grievance arbitration, strike consultation, and related court proceedings and appeals.

Wage and hour litigation, employment agreements, separation agreements and executive compensation, ERISA litigation, multiemployer withdrawal liability issues, OSHA, immigration, and workers' compensation retaliation.

Managed Care

Our Health Care lawyers are very familiar with the changes in the health care delivery and payment system over the last 20 years. We have helped clients form and operate health maintenance organizations (HMOs), preferred provider organizations (PPOs), management services organizations (MSOs) and physician-hospital organizations (PHOs) to survive and compete in the managed care environment. We also have a great deal of experience in drafting and negotiating managed care contracts.

We have made numerous presentations on managed care issues over the last 15 years to many different groups, including the New Jersey Hospital Association, the Healthcare Financial Management Association and the New Jersey State Bar Association. We also served as special counsel to the New Jersey Hospital Association's Managed Care Contracting Task Force in the preparation of its publication, Managed Care Model Contract Language.

Medicare / Medicaid Fraud, Abuse & Stark Issues

Our Health Care lawyers regularly advise our clients concerning the Medicare and Medicaid fraud and abuse and Stark implications of their existing operations, contracts and transactions as well as new or potential relationships with physicians and other providers. Our representation involves statutory and regulatory reviews and analyses, and these matters include developing contracts and transactions that minimize fraud and abuse concerns, examining and restructuring existing arrangements to address potential problems, and ongoing corporate compliance strategies relating to fraud and abuse and Stark issues.

Our Health Care lawyers include former federal and state prosecutors who regularly represent hospitals, physician practices, home health care agencies, and other health care entities or practitioners when they are alleged to have violated the fraud and abuse or Stark laws, the federal False Claims Act, or other Medicare/Medicaid billing regulations by federal or state agencies. Recent cases have included matters in the U.S. Attorneys' Offices in New Jersey, the Eastern District of Pennsylvania, and the Southern and Eastern Districts of New York, as well as state attorney general's offices in New Jersey, New York and Connecticut.

Mergers, Acquisitions & Affiliations

For many years, hospitals and other health care providers have asked McCarter & English to advise them and protect their interests in numerous mergers, acquisitions, consolidations and other major transactions. For example, we recently advised Warren (NJ) Hospital in connection with its affiliation with Saint Luke's (PA) Health System, including the restructuring of its debt. We are counsel to Rutgers, The State University of New Jersey for certain matters relating to the New Jersey Medical and Health Sciences Education Restructuring Act, N.J.S.A. 18A:64M-1 et seq. (involving transfer of components of the University of Medicine and Dentistry). We are actively involved with several other health systems and sub-acute providers in their affiliation discussions, including work necessary under the New Jersey Community Health Care Assets Protection Act, N.J.S.A. 26:2H-7.10, et seq.

Our Health Care attorneys have the experience and perspective necessary in these transactions, including structuring the deal, drafting and negotiating transaction documents, performing essential due diligence, obtaining regulatory and corporate approvals, and closing the transaction. Our Firm also has the expertise in many other legal specialties, including antitrust, tax, real estate, environmental, employment and public finance, required to fully advise our clients on all legal issues that arise in these transactions.

Tax & Tax Exemption

In collaboration with our tax attorneys, we regularly counsel our health care clients on tax and tax exemption issues that arise from their operations and their bond-financed facilities, including intermediate sanctions, executive compensation, governance and property tax exemption. We are experienced in the formation and qualification of nonprofit, tax-exempt organizations, their foundations and other affiliates, and creating/reorganizing health care systems. We are also familiar with the tax laws and regulations that restrict or affect transactions between tax-exempt and taxable entities, including hospital-physician joint ventures, physician recruitment and employment contracts, and the formation of for-profit subsidiaries by tax-exempt organizations.

Renewable Energy

An innovative structure can allow even a nonprofit organization to enjoy indirect benefits from federal and state tax incentives that promote investments in renewable energy and the growing green jobs economy. A team of McCarter & English Energy and Utilities, Environmental, Tax, Real Estate, Insurance Coverage, Litigation, and Intellectual Property lawyers helped a nonprofit healthcare provider put together a state-of-the-art financing structure to support development of a large-scale solar photovoltaic array that will provide up to 50 percent of the electrical power for the provider for 25 years.

Intellectual Property

Representing world-renowned research hospitals, our powerful Life Sciences IP group has more than 25 Ph.D.s in fields such as physics, material sciences, molecular biology, cell biology, immunology, biochemistry, microbiology, organic and polymer chemistry, and inorganic chemistry. Our attorneys are as experienced and innovative when it comes to the development of strategies for protecting critical core technologies as they are in patenting innovations based on our clients' immediate and long-term business goals. Our Life Sciences Intellectual Property lawyers are also routinely involved in negotiating licenses for our clients.

Our clients include some of the biggest names in the biotechnology, pharmaceutical, university and life sciences fields for whom we are building and managing complex patent portfolios protecting blockbuster biotech and small-molecule drugs and developing global strategic plans.

Speaking

06/07/18
Home Care & Hospice Association of New Jersey Annual Conference
11/10/15
11/10/15
11/5/15