Our Practice

Healthcare

Practice Contact: Pat Seiter
patrick.seiter@taylorporter.com
225.381.0281

Taylor Porter has an integrated, multi-disciplinary healthcare practice team with extensive experience in virtually every aspect of healthcare delivery and financing. That experience includes areas with special application in healthcare, including tax, antitrust, labor and employment, environmental, governmental relations and all forms of litigation, administrative proceedings and alternative dispute resolution.

The American healthcare system faces enormous challenges. Fierce competition, complex regulations, intense government scrutiny, technological advances and financial and political uncertainty create unrelenting pressure to improve quality and lower costs. Standards, whether demanded by the public, the government or self-imposed, are extremely high. Failure to achieve them can be disastrous. Taylor Porter understands these challenges and is focused on helping our clients find efficient, cost-effective solutions.

Our Health Care Practice Group is Dynamic. Complex. Competitive. Uncertain. All describe our healthcare system. And providing the full range of legal services necessary for our clients to succeed within that system is what the Taylor Porter Health Care Practice Group does every day.

Taylor Porter’s Health Care Practice Group advises and counsels clients in the following areas:

Health Information Technology

Health information sharing, and the rules and regulations of software, licensing and technology issues, are important issues to our health care clients, and these issues are coming to the forefront as more is being done to try to curb record hacking with the advances of technology. Taylor Porter attorneys have a strong commitment to its health care clients to actively monitor the latest state and federal regulatory developments within the health care technology industry, and stay abreast of any data breach stories, and rules and regulations that are affecting the industry.

Taylor Porter’s Health Care Practice Team can help clients understand these issues and prepare themselves to take proactive measures in medical records, e-health issues and HIPAA privacy and security to protect the information of their patients. Our representative matters in health information technology include:

  • Represented large public hospital system regarding multiple cutting edge legal and business issues raised by transition from integrated, multi-facility electronic health record system (EPIC) to multiple EHR systems with multiple private hospital partners.
  • Represented large private, not-for-profit hospital system in drafting and negotiating multiple SaaS agreements to meet a variety of software needs and functions.
  • Represented multiple software development companies and information technology vendors in securing protection of intellectual property through copyright registrations, federal trademark registrations, confidentiality and non-disclosure agreements, and software development, licensing and support agreements.  
  • Assisted local biomedical research center in securing federal trademark registrations and licensing of software applications designed to promote healthier lifestyles and eating habits.
  • Assisted multiple clients in designing and implementing security protocols designed to secure and protect confidential data and personal information.
  • Represented both licensors and licensees in negotiating and drafting SaaS agreements and similar information technology licensing and support arrangements.
  • Drafted and negotiated contracts between owners and vendors for clients across various industries, including education, healthcare and energy, and as it relates to the creation, installation and maintenance of hardware and software, and providing related professional services, including financed leases. Clauses often negotiated include: standard of care, warranty/unintended use, limitation of liability, indemnity, insurance requirements, changes in scope of work, borrowed employees, statutory employer, and rights of offset.
  • Represented State-designated recipient of Office of National Coordinator (ONC) grant to establish statewide Health Information Exchange (HIE) in all aspects of start-up operations, including:
    • Procurement of HIE software platform, including drafting and negotiation of Software as a Service (SaaS) Agreement;
    • Advice and counsel on HIPAA compliance and other complex – and frequently conflicting – data privacy issues;
    • Drafting and negotiating contracts with hospitals, physician groups and other health care providers to participate in the HIE;
    • Procurement of data analytics software under SaaS Agreement;
    • Advice and counsel to client and interaction with client’s stakeholders (hospital association, medical society, state government, etc.) regarding cutting-edge legal, regulatory and operations issues raised by HIE. 

Health Care Transactions

  • Business Organizations and Contracts
  • Mergers and Acquisitions
  • Joint Ventures and “Under Arrangements” Contracts
  • Health Care Financing
  • Tax
  • Antitrust

Fraud and Abuse

  • Self Referrals/Stark
  • Anti-Kickback Statute
  • False Claims Act
  • State Law Issues

Compliance Counseling – Help clients prevent, detect, investigate and remedy potential violations of the vast array of laws, regulations and standards to which health care providers, suppliers and payers are subject, including:

  • Billing and Reimbursement
  • Fraud and Abuse
  • EMTALA
  • HIPAA
  • Clinical Research and Grant Integrity
  • Licensure, Certification and Accreditation

Medical Malpractice - Representing physicians, other health care professionals, pharmacists, nurses, etc. in disciplinary and malpractice matters, in licensure and accreditation disputes, and in other professional liability claims. These claims threaten not only a professional's ability to practice, but also the company or firm’s ability to operate effectively. We work to help professionals find resolution of these matters quickly and efficiently.

Medical Staff

  • Bylaws
  • Credentialing and Peer Review
  • Fair Hearing Process
  • HCQIA and State Law Immunity
  • National Practitioner Data Bank Issues

Health Care Reimbursement

  • Medicare and Medicaid
  • Managed Care
  • ERISA

Licensure, Certification and Accreditation

  • State Licensure and Agency Interface
  • Medicare
  • Joint Commission, NCQA, URAC 8. Litigation and Dispute Resolution
  • Professional Liability
  • Manufacturer Liability (pharmaceuticals, devices, diagnostic, DME)
  • HCQIA Litigation
  • Qui Tam Litigation

Taylor Porter’s Health Care Practice Group advises and counsels clients in the following health care sectors:

  • Academic Medical Centers
  • Private Nonprofit and For-Profit Hospitals
  • Surgical Hospitals and Ambulatory Surgery Centers
  • Physician Groups and Clinics
  • Rehabilitation Hospitals
  • HMOs, PPOs, Provider Networks and Other Managed Care Organizations
  • Dialysis Clinics
  • Long Term Care Facilities
  • Home Health Agencies
  • Hospice
  • Medical Staffs
  • Imaging Centers
  • Pharmacies and Pharmaceutical Manufacturers
  • Device and Equipment Manufacturers

Healthcare Articles/Publications

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