• Healthcare

    A Strong Team to Address Challenging Issues 
    Manatt is home to one of the top healthcare law and consulting practices in the United States. Consistently ranked as one of the nation’s top firms in healthcare by Chambers USA, ten of our healthcare attorneys were individually ranked as leading lawyers and three received its highest rating.

    With decades of experience and 80 professionals dedicated exclusively to healthcare clients, Manatt is one of the most trusted advisors to government, not-for-profit organizations and private companies seeking to understand and adapt to the new imperatives of health reform. We work broadly across the healthcare industry, representing state policymakers and agencies, payers and healthcare providers, foundations, associations, and product and service vendors.

    What distinguishes us from other healthcare practices is our ability to handle issues at the intersection of law, policy and industry practice that help our clients’ management teams define and implement complex strategies. Our team includes leading attorneys, consultants, project managers, analysts and policy advisors who have held executive positions with federal and state agencies, associations, major healthcare institutions, and leading consultancies. As a result, we are able to design effective solutions and make actionable recommendations that give due consideration to the practical realities of public policy, applicable laws and regulations, operational sustainability and business imperatives.

    To help our clients stay current on the issues that are transforming the healthcare industry, we maintain a federal and state information service that provides updates and timely information on emerging developments in payment policy, delivery system reform and insurance reform.

    A World-Class Transaction Practice 
    Manatt’s extensive experience in healthcare transactional work has placed us at the center of many important transactions in recent years. We are often called upon to address issues related to transaction planning and negotiation, due diligence,  regulatory (including antitrust, Medicare and Medicaid audits, investigations, compliance and certification, anti-kickback issues, and licensing and accreditation), and debt and corporate restructuring. Our healthcare attorneys handle the full range of transactional matters, including hospital and health system mergers and acquisitions, provider integration transactions, financings of all types, joint venture transactions, and workout and turnaround projects.

    At the Forefront of Healthcare Litigation  
    Our healthcare litigators have been involved in virtually every significant litigation issue of the past several years, including rescission, capitation, vicarious liability and ERISA preemption. We have defended and won significant class actions for both provider and payer clients. Our class action victories have resulted in the making of new laws impacting consumer health insurance rates, provider reimbursement, antitrust issues, nursing home staffing and the freedom of entities to publish information measuring provider performance, and protecting consumers and supporting their choices.

    Intimate Knowledge of Healthcare Regulations  
    Hospitals, health plans, clinics and other healthcare services are subject to a bewildering array of federal, state and private regulations from multiple branches of CMS, as well as the FDA, IRS, FTC, DOJ, OIG, state attorneys general, state Medicaid agencies, state licensing agencies and private accreditation bodies, such as The Joint Commission. Our professionals have extensive experience dealing with these agencies, including as staffers before joining Manatt. Our professionals work daily with the underlying regulations in matters of interpretation, related business transactions, agency contact, regulatory comment and enforcement matters. We have successfully provided clients with comprehensive and practical understanding of the regulations and the regulators, as well as helped them find sensible solutions that can be applied in the real world.

    First-Class Consulting Practice  
    Our healthcare consulting practice—Manatt Health Solutions—provides in-depth understanding of the complexities of government health insurance programs and federal and state financing mechanisms. This understanding, combined with knowledge of payer requirements and provider delivery systems, enables us to develop innovative and strategic solutions for both public and private sector clients.

    We are engaged in a broad range of cutting-edge initiatives, including the design and implementation of health benefit exchanges, health information exchanges, and new models for the payment and delivery of healthcare services through accountable care organizations, medical homes and other hospital-physician-payer collaboration approaches. Our team has the deep technical knowledge of government programs—including proficiency in the eligibility, benefits, financing and administration of Medicaid and CHIP, and in the interpretation and implementation of Medicare reimbursement and policy requirements—to help you successfully negotiate the intricacies of government healthcare policy. Currently, Manatt professionals are leading complex strategy engagements for state governments, major insurance companies, major health delivery systems and leading pharmaceutical companies.

    Areas of Focus

    Antitrust

    We help healthcare professionals properly structure and operate provider contracting arrangements (the alphabet soup of IPAs, JOAs, PHOs, PPOs and many others) that effectively compete in today's market without violating antitrust guidelines. Our attorneys also advise hospitals and medical centers on mergers and acquisitions, making sure they are positioned to avoid investigation or litigation of antitrust claims over delivery of healthcare services. Our team members include the author of the first book ever published on the application of the antitrust laws to the healthcare industry, and our lawyers have spoken and published frequently on this topic.

    Corporate Reorganization

    As pioneers in applying corporate reorganization principles to healthcare providers, our health law attorneys routinely have advised both financially stable and financially troubled healthcare organizations, as well as lenders, on corporate reorganization and financial restructuring. Typical of our work is Manatt's representation of the California Department of Managed Health Care (the regulatory body that oversees all managed care in California) in connection with large healthcare Chapter 11 proceedings such as In re MedPartners Provider Network, Inc., In re KPC Global, and In re Maxicare.

    Emerging Healthcare Technologies

    Our attorneys represent emerging medical technology and life sciences companies, assisting them with their entity structure, intellectual property licensing and protection, employee contracting, public and private financing, and mergers and acquisitions. We have organized and obtained financing for a variety of healthcare technology start-ups, taken them through successive rounds of venture capital financing, formed joint venture and licensing arrangements with larger companies, represented them in their initial public offerings and subsequent financings, advised them regarding securities compliance issues and represented them in mergers valued in the billions of dollars. Manatt also represents venture capital funds that invest in medical technology and life sciences companies, helping them with organizational, investment and operational issues.

    Financing

    Having one of the nation's leading financial institutions practices, Manatt is experienced in handling a variety of financing transactions for our healthcare clients. Our attorneys serve as counsel for bond issuers and underwriters in a wide range of tax-exempt transactions as well as public offerings of equity securities, including limited partnership interests. We also arrange financing through various health facility authorities, secure federally insured mortgage loans, obtain venture capital, and assist with franchising arrangements and advance debt refunding transactions.

    Fraud and Abuse, Restrictions on Referrals

    Manatt attorneys have in-depth experience with the complex and often confusing laws that govern healthcare provider billing practices and ownership and referral relationships. Because fraud and abuse and self-referral concerns involve intense regulatory scrutiny and enforcement, we offer comprehensive advice regarding the structure of transactions, design and implement corporate compliance programs, conduct internal investigations, and assist in voluntary disclosures. 

    Manatt professionals represent healthcare entities and individuals in a variety of criminal, civil and regulatory proceedings, and in all phases of government investigations and prosecutions involving fraud and abuse allegations. We have comprehensive experience in this difficult law enforcement environment, and consistently obtain very favorable outcomes for our clients. Our lawyers help clients respond to search warrants, grand jury and administrative subpoenas, and civil investigative demands; represent individuals before grand juries; and handle pre- and post-indictment plea negotiations, proceedings, and sentencing.

    Healthcare Delivery Systems

    Using our extensive knowledge of the competition and cost pressures facing healthcare providers, we help them to position themselves for survival by enhancing quality and expanding services. Our attorneys can analyze healthcare markets and formulate strategic plans that help clients grow by establishing new programs or business combinations. The comprehensive range of service-expanding transactions that we guide includes:

    • Acquisition of and affiliation with (through ownership or by contract) other health systems
    • Acquisition of ancillary and other service providers
    • Development of tax-exempt medical clinics and other physician practice management organizations
    • Reorganization of corporate structures to respond to the financial and operational needs of a multi-entity system

    Because Manatt has wide-ranging financial institution contacts, we also facilitate our clients' access to the capital necessary for successful completion of service expansions.

    Healthcare Reform

    What does the future hold for U.S. healthcare?

    President Obama's re-election guarantees that implementation of national healthcare reform will proceed, and makes it likely that the ACA's expansion of private and public sector coverage will take place on time in 2014. According to the most recent estimates from the Congressional Budget Office (CBO), this means that, starting in 2014, nine million Americans will get their health insurance through health insurance exchanges, with that number growing to 25 million by 2017. It will also mean that, in 2014, millions of people will join Medicaid and the Children's Health Insurance Program's (CHIP) current 35 million beneficiaries. In 2014 alone, these changes will add approximately $51 billion to the federal government's healthcare spending to bring it to nearly $950 billion.  Read more

    HIPAA

    We regularly advise healthcare providers on their responsibilities to protect the privacy of patient health information under the Health Insurance Portability and Accountability Act (HIPAA). Our clients for HIPAA compliance counsel include hospitals, community health centers, mental health clinics, residential treatment programs, dialysis clinics, HMOs, insurance companies and trade associations, as well as a diverse group of "business associates" such as information technology firms, medical device marketers, IPAs and disease management companies. A key part of our compliance work involves conducting training sessions for provider personnel, so that they handle information requests and record security in compliance with the law. As part of this training, our attorneys analyze where improvement in records privacy is necessary, draft privacy and security policies and procedures and prepare business associate agreements and privacy notices. Manatt has also provided strategic advice on HIPAA compliance issues as they involve the relationship between affiliated entities, the creation of organized healthcare arrangements and the designation of hybrid entities.

    Legislative and Administrative Law

    Reflecting our extensive experience at the highest levels of government healthcare policy regulation, we are uniquely positioned to help shape federal and state health policy in ways that advance the interests of our clients. Our attorneys combine hands-on understanding of healthcare operations, the regulatory environment and the legislative process to craft, advocate and implement far-reaching solutions to complex policy problems. As part of maintaining a forceful presence in the regulatory and legislative arenas, we negotiate on behalf of clients before the U.S. Congress, state and local governments and quasi-governmental agencies. We also regularly scrutinize governmental actions at all levels, and help clients formulate and present testimony and other position statements that guide and shape the policymaking process.

    Litigation

    Manatt’s full-service Healthcare Litigation practice is committed to protecting the interests of providers and payors.  We offer an unparalleled combination of deep understanding of the complex and dynamic healthcare field, strong relationships with, and high-level access to, the regulatory, legislative, and enforcement entities and officials critical to your business, and the ability and experience to take complex matters to trial.  

    Our ability to provide outstanding service to our litigation clients is enhanced significantly by our extensive healthcare regulatory and corporate practices.  Our experience in the nation’s two most innovative and complex healthcare law environments - California and New York – when combined with our respected government advocacy capabilities in the District of Columbia and major state capitals, means we can provide healthcare clients with unsurpassed legal and business advice.  We have been at the forefront of virtually every major provider and health plan litigation issue in California in the past five years.  Read more

    Long-Term Care

    We understand the new political pressure that has greatly intensified the already tough enforcement environment for nursing homes, and help nursing home operators throughout the country deal with the often subjective and inconsistent enforcement of federal and state licensure and certification requirements. When our clients face investigations and sanctions from regulators (including terminations from the Medicare and Medicaid programs, bans on admission and civil monetary penalties) we are frequently successful at ending the action by negotiating a favorable settlement. When that is not possible, our attorneys have successfully defended long-term care providers in courts and administrative agencies throughout the country in survey enforcement disputes as well as proceedings alleging fraud and abuse violations. We are also effective advocates for long-term care providers who are faced with elder abuse lawsuits.

    Managed Care

    Our healthcare attorneys help managed care providers, employers, and health maintenance organizations, including various state managed care programs, deal with operational issues and the widespread legislative efforts to police managed care decision-making and increase the scope of coverage. We have participated actively in the development of HMOs, PPOs, and insurance ventures, including multi-state HMO operations. As a result, we can help any HMO client with issues involving regulatory compliance, provider and subscriber relations, and quality assurance.

    Manatt Health Solutions

    Manatt Health Solutions (MHS) is an interdisciplinary policy and business advisory division of Manatt, Phelps & Phillips, LLP, one of the nation's premier law and consulting firms. MHS helps clients develop and implement strategies to address their greatest challenges, improve performance and position themselves for long-term sustainability and growth.

    The healthcare landscape is rapidly evolving in both the public and private sectors. Clients can look to MHS professionals for leading expertise in healthcare coverage and access, healthcare information technology (health IT), healthcare financing and reimbursement, and healthcare restructuring. MHS also provides personalized services such as strategic and business advice, policy analysis and research, project implementation, alliance building/advocacy and government relations. 

    MHS professionals' breadth of experience and interdisciplinary approach attract a wide range of for-profit and nonprofit clients in both the public and private sectors.

    Manatt Health Solutions applies a core set of principles to every engagement:

    • Works collaboratively with the client to establish a trusted relationship and reach workable solutions.
    • Preserves the confidentiality of the client to serve its best interests.
    • Engages the best team of people in the Firm with the right breadth and depth of expertise to meet the client's needs.
    • Takes a senior management approach to integrate solutions across the different functions and processes of a business or organization.
    • Applies fact-based analysis to provide robust and practical solutions for our clients.

    Medical Staff Relations/Peer Review

    Manatt attorneys provide a full range of legal services in the critical areas of medical staff peer review and governance. Our experts handle all phases of internal administrative actions and litigation involving credentialing of practitioners, as well as denial, suspension, reduction and termination of privileges and membership. We also advise clients on their reporting responsibilities to state medical boards and the National Practitioner Data Bank.

    The range of staff relations issues that we handle is comprehensive. Our healthcare attorneys draft and revise medical staff bylaws, rules and regulations, and policies and procedures governing practitioner membership, privileges, obligations and rights, medical staff leadership and functions, and medical staff relations with hospital administration and the governing body. In special situations, we help clients deal with impaired or disruptive practitioners, implement closed staffing arrangements and hospital-based physician contracts, address emergency department coverage issues, and educate physicians on medico-legal issues.

    Medicare/Medicaid Reimbursement

    Manatt healthcare industry attorneys have provided reimbursement counsel since the inception of the Medicare and Medicaid programs. We help clients interpret regulations and policies promulgated by federal and state agencies, enabling them to maximize reimbursement payments and representing them before Medicare and Medicaid agencies in disputes and investigations.

    Not-for-profit Organizations

    Manatt lawyers regularly counsel tax-exempt healthcare systems, hospitals, and health plans, providing general advice to non-profit boards of directors, and also representing them in litigation. We provide expert-witness services in the areas of fiduciary obligations of officers and directors of non-profit corporations, and offer specific counsel on charitable trust law and officer, director and trustee liability. We have special experience in handling healthcare facility alliances and conversions from non-profit to for-profit status, in particular transactions involving transfer of non-profit hospital assets (which are subject to Attorney General regulatory review).

    Other Healthcare Areas

    Manatt's multidisciplinary national practice gives our healthcare clients access to focused legal counsel on any other concerns that arise in the course of daily operations. Examples of areas in which our healthcare attorneys work with colleagues throughout the firm include:

    • Employment and benefits issues, such as compensation of physicians and executives, regulatory compliance (ADA, OSHA, ERISA)
    • Environmental concerns, particularly regarding hazardous medical waste and needle safety
    • FDA regulation of pharmaceuticals and medical devices
    • Insurance matters involving coverage and subrogation, directors and officers liability, risk management and third party payor contracting
    • Patient rights concerns focusing on bioethics, confidentiality of medical records, government access to books and records, AIDS treatment counseling, controlled substances, informed consent and rights to emergency medical treatment
    • Rate review and rate setting

    Pharmaceuticals and Biotechnology

    Our attorneys represent pharmaceutical and biotechnology companies in all of their organizational, financial and licensing activities. We have organized and obtained financing for biotechnology start-ups, taken them through successive rounds of venture capital financing, formed joint venture and licensing arrangements with larger pharmaceutical companies, represented them in their initial public offerings and subsequent financings, advised them regarding securities compliance issues and represented them in mergers valued in the billions of dollars. In our regular representation of bio-pharmaceutical clients, we provide counsel in the human relations, real estate, contracting, litigation and regulatory issues common to all businesses, as well as those unique to the industry. We have represented non-profit organizations in their contracting and licensing activities, and formed university consortia for the achievement of significant biotechnology projects.

    Physician Arrangements and Organizations

    As traditional methods and structures of physician practice continue to evolve, we help physicians in all aspects of organizing, managing, and reorganizing medical practice groups. Our healthcare lawyers handle the most complex organizational matters, including developing alternative legal structures for multi-physician practices, and forming independent practice associations and other effective vehicles for contracting with managed care organizations and hospitals.

    We also help physician groups with day-to-day operational issues and contract negotiations. Having worked extensively with physicians, hospitals, and hospital systems, our lawyers offer creative counsel on the complex relationships and issues physicians have with payors and other healthcare providers. We are fully experienced with joint hospital-physician relationships, and have worked with hospitals and hospital systems to develop integrated delivery of health services, including hospital-sponsored practice management services organizations and tax-exempt medical foundation clinics.

    Attorneys & Professionals

    Email
    Name
    Office
    Phone
    Anthony, Stephanie New York 212.790.4505
    Antler, Ashley B. New York 212.790.4554
    Ario, Joel S. Albany 518.431.6719
    Augenstein, Jared New York 212.790.4597
    Bachrach, Deborah New York 212.790.4594
    Barnwell, Anna S. San Francisco 415.291.7522
    Bartholet, Eric I. New York 212.790.4518
    Belfort, Robert D. New York 212.830.7270
    Bernstein, William S. New York 212.830.7282
    Boozang, Patricia M. New York 212.790.4523
    Braslow, Laura H. New York 212.790.4592
    Brass, Carol San Francisco 415.291.7592
    Brown, Kathleen L. Los Angeles 310.312.4142
    Cantrell, Christopher San Francisco 415.291.7469
    Chiu, Steve C. Los Angeles 310.312.4121
    Davis, Hailey E. New York 212.790.4644
    DeBor, Gregory J. New York 212.790.4529
    DeHart, June Langston Washington, D.C. 202.585.6510
    du Pont, Lammot Washington, D.C. 202.585.6577
    Dutton, Melinda J. New York 212.790.4522
    Dworkowitz, Alex New York 212.790.4605
    Ellis, Reni New York 212.790.4645
    Enders, Thomas New York 212.790.4508
    Fabrikant, Robert Washington, D.C. 202.585.6556
    Fiori, Anthony J. New York 212.790.4582
    Fitzgerald, Donald J. San Francisco 415.291.7420
    Frohlich, Jonah P. B. San Francisco 415.291.7440
    Garcimonde, Allison S. Washington, D.C. 202.585.6580
    Glaudemans, Jon Washington, D.C. 202.585.6524
    Guyer, Jocelyn A. Washington, D.C. 202.585.6501
    Hall, Margaux J. New York 212.790.4622
    Hamburger, Jordan E. Los Angeles 310.312.4331
    Hernandez, Ileana M. Los Angeles 310.312.4116
    Hussar, Robert A. Albany 518.431.6730
    Ingargiola, Susan R. New York 212.790.4639
    Ingraham, Megan K. San Francisco 415.291.7406
    Kallick, Ivan L. Los Angeles 310.312.4152
    Karl, Anne O'Hagen New York 212.790.4578
    Keegan, Mary New York 212.790.4558
    Kennedy, Cate New York 212.790.4688
    King, Sandra R. Los Angeles 310.312.4278
    Kolber, Michael S. New York 212.790.4568
    Lam, Alice J. New York 212.790.4583
    Landsberg, Barry S. Los Angeles 310.312.4259
    LaPallo, Francis J. Palo Alto 650.812.1357
    Laska, Joseph E. Los Angeles 310.312.4352
    LeBlanc, John M Los Angeles 310.312.4228
    Levin, Ariel Washington, D.C. 202.585.6516
    Libby, John F. Los Angeles 310.312.4342
    Lipson, Mindy New York 212.790.4611
    Lytle, James W. Albany 518.431.6704
    Manasse, Spencer F. New York 212.790.4619
    Mann, Cindy Washington, D.C. 202.585.6572
    Marks, Jacqueline D. New York 212.790.4513
    Maurer, Jeffrey J. Los Angeles 310.312.4132
    McGovern, Michelle C. New York 212.790.4598
    Meaders, Donald W. Los Angeles 310.312.4345
    Morin, Alex Washington, D.C. 202.585.6506
    Nevitt, Keith M. San Francisco 415.291.7529
    Newman, Naomi San Francisco 415.291.7569
    Oakley, David J. Albany 518.431.6705
    Olberg, Peter F. New York 212.830.7217
    Osius, Elizabeth Washington, D.C. 2025856582
    Patron, Raisa E. New York 212.790.4573
    Pawlak, Brenda Washington, D.C. 202.585.6523
    Pfister, Helen R. New York 212.830.7277
    Pimstone, Gregory N. Los Angeles 310.312.4133
    Prabhala, Harsha K. Washington, D.C. 202.585.6548
    Ray, John L. Washington, D.C. 202.585.6565
    Ray, Joseph D. San Francisco 415.291.7411
    Reyneri, Dori New York 212.790.4553
    Rochman, Harvey L. Los Angeles 310.312.4104
    Rosales, David New York 212.790.4584
    Ruparel, Nimit San Francisco 415.291.7526
    Salis, Adam R. Orange County 714.371.2529
    Schwartz, James R. Los Angeles 310.312.4182
    Seigel, Randi New York 212.790.4567
    Serafi, Kinda New York 212.790.4625
    Shenfeld, Doreen W. Los Angeles 310.312.4346
    Shine, Naomi New York 212.790.4576
    Spatz, Ian Los Angeles 310.312.4339
    Stowe, Edith Coakley Washington, D.C. 202.585.6653
    Struve, Andrew H. Orange County 714.338.2757
    Sullivan Codner, Sarah New York 212.790.4607
    Tessitore, Lea M. Washington, D.C. 202.585.6635
    Thompson, Martin J. Orange County 714.371.2530
    Thorpe, Jill DeGraff Washington, D.C. 202.585.6656
    Tiano, Linda V. Washington, D.C. 202.585.6561
    Towey, Carol New York 212.790.4672
    Traub, Arielle New York 212.790.4551
    Ustin, Mark R. Albany 518.431.6795
    Wallis, Kier A. San Francisco 415.291.7414
    Woda, Sharon L. Washington, D.C. 202.585.6563
    Wolff, Bruce S. Washington, D.C. 202.585.6590
    Wouters, Annemarie V. Washington, D.C. 202.585.6615
    Wu, Kuan Washington, D.C. 202.585.6558

    Healthcare

    Selected Clients

    • Aetna
    • Ascension Health
    • Blue Shield of California
    • Children's Hospital Association
    • Dignity Health
    • Kaiser Family Foundation
    • Maimonides Medical Center
    • Memorial Sloan-Kettering Cancer Center
    • New York City Health & Hospitals Corporation
    • New York State Health Foundation
    • Sutter Health
    • Tenet Healthcare Corporation
    • The Robert Wood Johnson Foundation (representing 11 states)
    • UCLA Health System
    • University of California, San Francisco Medical Center
    • University of Chicago Medical Center
    • Westchester County Health Care
  • Awards & Rankings

    logo/img/@altRanked Nationally in Tier 1 for Healthcare Law 2011–2015

    logo/img/@alt2014 Awards for Excellence Winner in Healthcare

    logo/img/@altRanked for Healthcare Law 2007–2015

    logo/img/@altRanked Nationally in Tier 1 for Healthcare: Health Insurers 2012–2015

    logo/img/@altRanked Nationally for Healthcare: Service Providers 2012–2015