News & Analysis as of

Health Care Providers Contract Drafting

Holland & Knight LLP

Business Associate Agreements Matter: Demystifying the Perceived Simplicity of HIPAA Agreements

Holland & Knight LLP on

For most healthcare providers and businesses, signing a Business Associate Agreement (BAA) is a standard practice. When contracting to provide services with an entity governed by the Health Insurance Portability and...more

McDermott Will & Emery

[Webinar] The Rise of the Payvider: Joint Ventures Between Health Systems and Payors - October 19th, 1:00 pm - 2:00 pm EDT

McDermott Will & Emery on

The emergence of joint ventures between health systems and payors is quickly reshaping the healthcare sector as we know it—presenting both new complexities and fresh opportunities for the changemakers involved....more

Stikeman Elliott LLP

“Commercially Reasonable Best Efforts”: B.C. Court Provides Guidance in Context of Purchase and Sale Contract

Stikeman Elliott LLP on

In Sutter Hill Management Corporation v. Mpire Capital Corporation (Sutter), the British Columbia Court of Appeal found that the acquiror of an Abbotsford, B.C. care home had breached the purchase and sale agreement by...more

Husch Blackwell LLP

Beyond Regulations: Hospice Business Contracts and Contract Disputes

Husch Blackwell LLP on

Hospices’ unique regulatory and business environment impacts how they contract with and relate to other private entities. In this episode, Husch Blackwell’s Meg Pekarske, Bryan Nowicki and Jake Harris discuss the many kinds...more

Roetzel & Andress

Structuring DSO/MSO Healthcare Ventures and Practice Acquisitions

Roetzel & Andress on

Many states require medical, dental and other types of practices to be owned by licensed health care providers. However, certain business structures, including using a Management Service Organization (MSO) or Dental Service...more

McDermott Will & Emery

[Webinar] Data License Agreement Litigation – What You Need to Know - October 28th, 12:30 pm - 1:30 pm EDT

McDermott Will & Emery on

Data license agreements have been a hot ticket item of the digital health market and are here to stay. With the exponential growth in licensed data, including de-identified patient data, data license agreement litigation and...more

Akin Gump Strauss Hauer & Feld LLP

Potential Use of Hotels for COVID-19 Medical Care: What You Need to Know

Hotel Owner Considerations - As the COVID-19 crisis continues and health care systems face capacity issues, governmental entities have turned to the option of repurposing hotel properties as temporary hospitals, acute...more

Hogan Lovells

Client Alert: Virginia Court Invalidates Government Contractor’s Non-Competition and Non-Solicitation Agreement with Independent...

Hogan Lovells on

In January 2020, Judge John Tran of the Fairfax County Circuit Court in Virginia held unenforceable non-competition and non-solicitation provisions in a government contractor’s consulting agreements entered into with...more

Foley Hoag LLP - White Collar Law &...

Challenge to Attorneys' Fees in False Claims Act Cases

Thanks to inexact language in a settlement agreement, a for-profit hospital chain can challenge whistleblowers’ eligibility for attorneys’ fees under the False Claims Act (“FCA”). The single sentence that spawned nearly 5...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision...more

Brooks Pierce

A Few Things To Avoid When Drafting A North Carolina Covenant Not To Compete

Brooks Pierce on

The Business Court closely examined a set of restrictive covenants last week in Sandhills Home Care,, LLC v. Companion Home Care-Unimed, Inc., 2016 NCBC 59. This decision collects a number of North Carolina Court of Appeals...more

Foley & Lardner LLP

U.S. to China Health Care Arrangements: New Rules for Medical Institution and Service Advertisements

Foley & Lardner LLP on

As U.S. hospitals and health care providers continue to explore China’s market for international health care business opportunities, including telemedicine, they often consider providing services or products to consumers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?

When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any...more

Tucker Arensberg, P.C.

CMS Clarifies Written Agreement Requirement

Tucker Arensberg, P.C. on

CMS has acknowledged that arrangements among providers to satisfy the Stark exceptions need not be created in a single document. Although a single written document memorializing the key facts of an arrangement could provide...more

Parker Poe Adams & Bernstein LLP

The $10,000 Access Clause

This paragraph (or some variation) finds its way into lots of contracts when one or both of the parties to the contract are participants in the health care industry...more

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