Our team has a breadth of healthcare experience, depth of industry knowledge, and an innovative approach to legal services designed to assist clients in reaching their goals.

Our long history of service on the front lines with hospital systems, healthcare providers, vendors, lenders and other entities who serve direct providers of services has given our attorneys an in-depth understanding of the unique regulatory and business issues of the healthcare industry. 

Womble Bond Dickinson’s approach to client service is to assemble specially selected groups of attorneys with a variety of skills and legal and clinical experience to meet the specific needs of each healthcare client. Our multi-disciplinary team of more than 60 lawyers allows us to provide full service to our healthcare system and service providers and to healthcare vendors. Our attorneys regularly counsel our clients on both a regional and national basis in corporate and transactional matters, tax and tax-exempt issues, federal and state regulatory matters, antitrust, finance, employment and real estate issues. Our clients include:

  • Public and private hospital systems
  • Physician’s networks 
  • Healthcare providers 
  • Governmental bodies 
  • Ambulatory surgery centers (ASCs)
  • Investors, creditors, and other stakeholders that operate in the healthcare industry
  • Makers and users of medical devices and pharmaceutical products as well as other vendors that support healthcare systems

What we do

Our areas of client service include advice and representation in the following areas:

Healthcare transactions

  • Collaborations/mergers/acquisitions – Our team has played an integral part in many large hospital collaborations and a full spectrum of joint ventures including the development of: provider affiliations, ASCs, physician networks, multi-state medical ventures, lithotripsy ventures, wound care providers, and diagnostic imaging centers. We regularly advise clients on the appropriate structuring of transactions in light of complex regulatory and reimbursement issues unique to the industry
  • Antitrust considerations – We provide proactive advice on antitrust issues such as: managed care contracting strategies; clinical and financial integration of healthcare providers; economic credentialing and other issues; and evaluation of competitor conduct under federal and state antitrust statutes. In addition, we represent clients nationwide in federal and state antitrust investigations
  • Financing (taxable and tax-exempt) – Our lawyers have extensive financing experience that includes bond financing and public/private offerings. We also regularly assist with negotiating tax concessions and other economic development incentives

Regulatory issues

  • Federal and state regulatory compliance – Our attorneys have extensive experience in evaluating operational and compliance issues under the Stark Law, Federal Anti-Kickback Statute, and the Emergency Medical Treatment and Labor Act (EMTALA). Our team also advises on medical staff bylaws, conflicts of interest and disclosure laws under the Physician Sunshine Law, and clinical trials and research issues including IRB reviews and the commercialization of emerging technologies
  • Reimbursement issues – We offer pragmatic, experience-based solutions for reimbursement issues. Our lawyers have advised on third-party audits, OIG investigations, ZPIC and CERT reviews, RA and MAC coding and medical necessity audits, voluntary disclosures, government repayments, freestanding vs. provider-based considerations, “incident to” considerations, bundled payments, and other reimbursement issues
  • Health information privacy and security compliance – Our lawyers help clients develop best practices for HIPAA and HITECH compliance as well as state privacy law compliance. In this area, we also have experience with required documentation of privacy and security practices and breach analysis and notification as appropriate
  • Tax and tax-exempt  – We can help with federal and state income tax applicability, assessment of private inurement/public benefit issues, overall tax-exempt status options, and sales and use tax impact. Our attorneys also regularly advise on tax issues related to joint ventures

Healthcare litigation

  • Government investigations and False Claims Act Litigation – Our healthcare team has litigated False Claims Act (FCA) cases to verdict, with extensive national experience in FCA and healthcare fraud investigations, settlements and litigation including representation of clients in qui tam litigation and working with the Office of the Inspector General and the Department of Justice to reach a successful resolution for our clients
  • Defending healthcare reimbursement audit – Womble Bond Dickinson engages a team of attorneys, physicians and nurses to guide healthcare providers through Recovery Auditor and MAC Audits. Team members assist with administrative appeals, repayment audits, and ongoing compliance issues 
  • Antitrust Litigation – Our attorneys represent clients across the nation in antitrust litigation and Federal Trade Commission investigations. We routinely represent clients defending antitrust class actions and government litigation in state and federal courts
  • Professional Liability – Our experience with medical malpractice and professional liability disputes includes defending healthcare systems and other healthcare entities, long term and tertiary care facilities, insurance companies and physician practices, including catastrophic injury and wrongful death claims. We proactively provide risk management advice to our provider clients and assistance in crafting policies and procedures to help minimize the risk of medical malpractice, professional liability litigation, and governmental litigation related to quality of care

Other services for healthcare providers

  • Healthcare real estate – Our lawyers frequently coordinate the acquisition, disposition and financing of healthcare real estate properties, from individual properties to large portfolios and represent REITS and other investors with a focus on the healthcare industry. We also advise on ongoing leasing and property management issues. Our lawyers offer their experience in a variety of facility types, including:  LTACH, senior facilities, medical office (including office condos), urgent care, medical campuses, mixed-use medical facilities and other specialty medical facilities
  • Early stage planning and organization – We help healthcare administrators assess provider network options, relating to clinical and financial integration 
  • Day-to-day operations – We serve as "outside general counsel" to several healthcare providers, advising on governance, vendor relations, contracts and other matters. We work closely with in-house counsel at hospitals and institutional providers to address on-going legal needs
  • Employee relations and benefits – Our experience includes OSHA compliance and dispute resolution, wage/hour claims, defending against ERISA claims brought by plan participants or the Department of Labor, ADA compliance, EEOC claims and subsequent litigation, layoffs and related WARN Act considerations, union organizing campaigns and collective bargaining negotiations. We assist clients with the development of employee handbooks, drug testing programs, affirmative action plans and employment policies. We also provide advice as to qualified and non-qualified employee benefits (health, disability, long term care, life insurance and retirement)
  • Healthcare bankruptcy – Our team includes attorneys with experience guiding creditors and other stakeholders through Chapter 11 proceedings as well as veteran healthcare regulatory and transactional lawyers who successfully close complex deals
  • Healthcare Auditing and Chargemaster (CDM) review – The Healthcare Audit and Compliance Team has AHIMA and AAPC credentials and includes experienced coders, auditors, nurses and physicians who have real-world experience applying and analysing medical coding and documentation. Our staff works with clinical department leaders on CDM reviews for multi-hospital systems, large institutions, and critical access hospitals