Dentons’ lawyers have extensive experience representing physicians and physician groups, including both single- and multi-specialty groups. We regularly provide counsel with respect to a vast array of regulatory matters, including Medicare and Medicaid reimbursement issues, medical staff activities and hospital bylaws.

If you’re a physician client, turn to us for counsel on malpractice insurance issues, peer review activities, immunity and National Practitioner Data Bank issues, Health Insurance Portability and Accountability Act (HIPAA) privacy and security compliance and disciplinary activities. 

Our lawyers also advise physicians and physician groups on the fraud and abuse implications of their various business arrangements, particularly under federal and state anti-kickback, physician self-referral, fee-splitting, and related laws and regulations. 

Leverage our experience in handling sophisticated transactions on behalf of physicians and physician groups, including physician practice mergers and acquisitions and physician-hospital joint ventures. 

Our team also handles day-to-day corporate governance and contracting issues for physician and physician group clients, including practice formation, employment matters, exclusive hospital contracting, managed care contracting, and billing and collection issues. 

Our areas of focus include: 

• Antitrust and competition 
• Clinical research and clinical trials 
• Corporate and transactional matters 
• Coverage and reimbursement 
• Fraud and abuse and corporate compliance 
• Government relations and public policy 
• Health information technology and e-health 
• Litigation Privacy and HIPAA compliance 
• Regulatory counseling

Insights

CMS proposes further changes to Stark Law regulations: ICA definition and unit-based compensation could be drastically affected

July 21, 2021

In a December 2, 2020 rulemaking (2020 Final Rule), the Centers for Medicare & Medicaid Services (CMS) finalized the most sweeping and significant revisions in over a decade to the regulations implementing the federal physician self-referral statute (Stark Law). The bulk of the new regulations took effect earlier this year on January 19, 2021. CMS is now proposing an additional set of modifications to the Stark Law regulations (Proposed Rule). The proposed modifications are scheduled to be published in the Federal Register on Friday, July 23, 2021, and comments on the Proposed Rule are due on or before Monday, September 23, 2021, at 5:00 p.m. ET. The two most significant changes being proposed relate to the definitions of the terms, “indirect compensation arrangement” (ICA) and “unit-based” compensation.

The Problem of the Square Peg and the Round Hole: When Fee for Service and Managed Care Collide

June 10, 2021

The Stark Law makes little sense in a managed care world and some sense in a purely FFS world. In the new rule, CMS takes its most substantial stab to date at addressing this messy middle by creating three new exceptions for “value-based” arrangements. In this webinar, we unpack their key terms, highlight commonalities and distinctions, and identify the many remaining open questions and issues.

What’s Past is Prologue: Technology Subsidies Part Deux

May 27, 2021

In the early 2000s, the adoption of EHR technology was sluggish so CMS created a Stark Law exception permitting EHR subsidies. Fast-forward 20 years and the adoption of cybersecurity measures is uneven. The final rule expands the reach of the EHR exception and creates a new cybersecurity exception. In this webinar, we examine both in-depth.  

View all insights for Physicians and Physician Organizations (United States)