Health Care

Christian & Barton has developed a highly-sophisticated health care practice by representing clients in all segments of the industry.  Through the years, we have served general hospitals, psychiatric and other specialty hospitals, nursing facilities, group practices, provider associations, health maintenance organizations, pharmacies, practice management companies, and individual physicians and dentists.

Our expertise includes the following areas of health law:

• Medicare and Medicaid reimbursement and appeals
• Medicare and Medicaid fraud and abuse prevention
• federal health reform issues
• managed care contracts and litigation
• digital health care matters including telemedicine and electronic health data storage issues
• treatment of minor patients
• medical record confidentiality
• Health Insurance Portability and Accountability Act of 1996 (HIPAA)
• compliance plans
• managing critical incidents, and review of such incidents
• negotiating with regulatory officials and national accrediting bodies
• drug and alcohol treatment issues
• drafting and negotiation of contracts
• Anti-Kickback Act
• Physician Self-Referral Act
• Joint Commission matters
• medical staff credentialing issues
• negotiating hospital-physician contracts
• certificate of need issues
• Accountable Care Organization (ACO) formation
• security breach of health records requirements

Our attorneys regularly represent health care providers before the Virginia Board of Medicine, the Virginia Board of Nursing, the Virginia Board of Pharmacy and the Virginia Board of Optometry. We also assist health care clients with issues involving the Virginia Department of Health, the Virginia Department of Medical Assistance Services, the Virginia Bureau of Insurance, and the Virginia Department of Behavioral Health and Developmental Services.  

Our health care attorneys also draw upon the experience of other attorneys for advising providers on malpractice and general liability issues, public and private financing for health care organizations, mergers and acquisitions, conversions from nonprofit to for‑profit status, tax issues, antitrust and employment matters.

Recent health care presentations include:

• “Taken by Surprise: Real World Plan and Provider Perspectives on the No Surprises Act,” ABA Managed Care Institute, 2022
• “What CSBs Need to Know About the No Surprises Act and Virginia’s Balance Billing Law,” Virginia Association of Community Services Boards, 2022
• “21st Century Cures Act: Information Blocking and Behavioral Health Provider Responsibilities,” 2021
• “Navigating the Virtual Behavioral Telehealth Delivery Maze,” Virginia Association of Community Services Boards Public Policy Conference, 2020
• “42 CFR Part 2, Confidentiality in SUD Programs: What You Don’t Know Can Hurt Your Patients,” Virginia Association of Community Services Boards Public Policy Conference, 2020

Follow the link to read a health care publication of interest:

• Virginia Health Care Legislative Update, 2023
• Online Tracking Codes–The New HIPAA Compliance Nightmare, 2023
• An Overview of the Virginia Certificate of Public Need Process, 2023
• Credentialing of Telemedicine Services Is Essential: How Delegation Can Reduce the Burden for Hospitals and Other Health Care Facilities
• Mandatory Employee COVID-19 Vaccination Required for Certain Medicare- and Medicaid-certified Providers
• OSHA Issues Emergency Temporary Standard for COVID-19
• New HIPAA Safe Harbor Law
• Virginia Board of Medicine Investigations and Hearings
• More Than Just Reducing Falls–Legal Guidelines and Patient Video Monitoring
• 42 CFR Part 2-Substance Use Disorder Record Confidentiality Requirements Updated
• Telemedicine Regulatory and Reimbursement Waivers Granted in Light of Pandemic
• Key Provisions of the CARES Act Impact Health Care Providers
• The Virginia Medicaid Appeals Process: An Overview for Virginia Medicaid Providers

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