Health Care – Procopio | Procopio

Regulatory Compliance and Litigation: We represent  our clients in ensuring federal, state and local compliance with regulatory agencies and professional oversight organizations. Issues may include HIPAA compliance, the Anti-Kickback Statute, the Stark Law, OIG health care audits, False Claims Act, fraud and abuse allegations, insurance disputes, governance laws, billing and payment processing, Brown Act, and conflict of interest laws.

• Prevailed in a significant case on the standard of causation for hospitals and medical groups sued by physicians disciplined for behavior and poor care under a whistleblower statute.
• Successfully represented the medical staff of a hospital in a significant matter related to quality issues of a suspended cardiologist through initial investigation, medical staff deliberations, the judicial review hearing, board appeal, Petition for Writ of Mandamus and an appeal.
• Represented a health care provider during an OIG audit regarding alleged Medicare overpayments for medically unnecessary treatments, succeeding in narrowing the scope of the audit and reducing the OIG’s recoupment.
• Represented a health care provider in complex commercial litigation focused on insurance coverage recovery for multi-million dollar third-party liabilities.
• Successfully defended a claim for retaliation and tortious interference by a medical director, securing a favorable verdict after a three-week jury trial.

Real Estate and Construction: We assist health care providers and physician groups in the construction, acquisition, leasing and sale of real estate, including litigation when necessary.

• Negotiated the purchase agreement, title review, and financing documents for a hospital system in their acquisition of a premiere medical office building.
• Negotiated the sale of an 80-acre parcel owned by a major Health Care System to a large residential developer.
• Represented major hospital network in construction contract negotiation and litigation against a general contractor and an architect, resulting in the architect paying for errors and omissions committed during the project.
• Represented hospital on litigation matter in excess of $10MM involving defective windows at a multi-story hospital.

Financing/M&A: Our attorneys assist health care providers and life sciences companies with incorporation and governance issues, capitalization, and corporate purchases and sales.

• Represented majority shareholders in their sale of medical device company in a $100M sale to leading Nasdaq healthcare company.
• Represented a privately held nursing company in its $40M acquisition of a national provider of healthcare workforce solutions.
• Represented behavioral health company in its $33M sale to a leading private equity firm.
• Represented a wireless health company in raising convertible debt from angel investors.