Our practice currently assists clients in various matters in the following areas:
Chaires, Brooderson & Guerrero
Altamonte Lakeside Park
283 Cranes Roost Blvd., Suite 165
Altamonte Springs, FL 32701
Practice Areas A-H
We assist in writing and negotiating various contractual arrangements for health care providers including, employment and independent contractor agreements, managed care agreements, physician recruitment agreements, exclusive provider arrangements, as well as agreements concerning ambulatory surgical centers, diagnostic imaging centers and pathology and clinical laboratories. We frequently assist clients regarding non-competition and other restrictive covenants. Importantly, almost all financial relationships must be compliant with a multitude of regulatory laws, including the Stark self-referral laws, the Federal Anti-Kickback Statute, and their state counterparts, including Florida's fee splitting prohibitions. We routinely structure contracts and other financial arrangements to ensure compliance with these various regulatory laws to help hospitals, physicians and other health care providers meet their business objectives.
Corporate Planning and Structure
We work with clients to choose the appropriate entity structures, including corporations and limited liability companies, to meet their anticipated business needs. We have experience in the merger of health care practices and specialties, as well as assisting in the formation of other health care entities. Our firm routinely assists in the preparation and review of employment agreements, purchase and sale agreements, asset purchase agreements, shareholder and operating agreements. Our services include the establishment and dissolution of physician medical groups. Further, we work with clients to ensure financial compensation arrangements are compliant with Stark self-referral laws, the Federal Anti-Kickback Statute, and their state counterparts, including Florida's fee splitting prohibitions.
E-Health, Health Care Technology, & Risk Management
We represent organizations in the emerging areas of computerized patient records, telemedicine, and regional health information organizations. As part of this facet of our practice, we assist clients in assessing the legal risks and compliance issues with various laws including confidentiality, privacy and security. In this ever-changing environment, we commonly counsel clients on risk assessment, management and prevention of potential entanglements and compliance matters affecting the day-to-day delivery of health care services.
Fraud and Abuse Investigations, Audits and Defense
We work with health care providers who are subject to billing and payment investigations by Medicare, Medicaid and other third party payers, including the pursuit of repayment for alleged overpayments or non-compliance. We regularly assist clients with the defense of such investigations including those by the Florida Agency for Health Care Administration, the Florida Office of the Attorney General's Medicaid Fraud Control Unit, First Coast Options, and CMS and its various contractors. In addition, we counsel clients on the applicability of the Federal and Florida False Claims Act and the liabilities there under.
HIPAA and Medical Records Privacy
We regularly advise clients about the privacy and security of health information mandated by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and Florida state law. This includes preparation and amendment to privacy notices and plan documents, drafting and reviewing business associate agreements, and assisting in the development of policies concerning the release of patient records and information in response to subpoenas and third-party requests.
Hospital and Physician Relations
We assist hospitals, ambulatory health care facilities, physicians and other health care entities with contractual issues regarding the relationships between such facilities and their practitioners. This routinely includes payment and compensation issues, leasing and ownership issues, staffing and credentialing issues and the various financial relationships and arrangements.