Health Law

Pierce & Mandell, P.C. has been selected as a Massachusetts Medical Society Preferred Provider for legal services and is a Proud Corporate Partner of the Massachusetts Medical Society. We offer Massachusetts Medical Society Members discounted services for employment contract reviews and other matters. See https://www.massmed.org/pierce-mandell/

Our Health Law clients include:

• Physicians and medical practices
• Dental, orthodontic and periodontic practitioners and practices
• Acute and non-acute hospitals
• Long term care facilities
• Home health agencies and suppliers
• Behavioral, social service and mental health practitioners and organizations
• Independent practice associations and other managed care contracting organizations
• Management service organizations
• Physical therapy practices
• Chiropractic practices
• Alternative medicine centers
• Durable medical equipment companies
• Suppliers and vendors to health care facilities
• Professional medical societies (general and specialty)
• Medical malpractice insurance entities
• Medical staffs
• Biotechnology companies

We regularly assist our health care clients in the following areas:

• Medical and dental practice acquisitions and sales
• Medical office purchase and leasing contracts
• Employment agreements for physicians, dentists and other health care practitioners
• Employment law matters for both practices and professionals, including compliance with applicable federal and state laws, creation of employee handbooks and policies, advice on terminations and restrictive covenants, and representation in legal actions
• Medical and dental partnership/shareholder buy-ins and buy-outs
• Fraud and abuse compliance, including drafting and implementation of compliance plans
• Anti-kickback and Stark law compliance
• Tax exempt organization compliance
• EMTALA compliance
• Managed care contracting
• Network formation and anti-trust compliance
• Physician recruitment
• Licensing and certification issues
• Quality of care compliance for facilities, agencies and practices
• Medical information-confidentiality (HIPAA and Massachusetts data security laws/regulations)
• Patient and surrogate decision-making and informed consent
• Medicare and Medicaid reimbursement
• Space and equipment rental arrangements
• Joint ventures
• Determination of Need issues
• Representation before state and federal health agencies and enforcement bodies
• Peer review
• Professional liability issues
• Medical staff bylaws and other issues and documents related to the organized medical staff and hospital relationship
• Serving as hearing officer or as independent legal counsel to the medical staff hearing panel in peer review disciplinary action proceedings. 
• Technology transfer, invention and licensing agreements
• Physician Consulting Contracts

We also represent institutional health care providers on legal issues relating to patient care matters including legal or ethical proceedings relating to informed consent, use and disclosure of health information, and the treatment of incompetent persons or patients who are minors.

Representative Projects and Transactions:

Represented a medical practice seller in a private equity backed practice management company acquisition including cash and equity consideration:

• Represented a non-profit community hospital/health system and affiliated multi-specialty group practice in a full integration with an academic medical center health system
• Represent physicians and medical groups with alternative medicine start-ups and practice conversations, including concierge medicine and direct primary care practices.
• Represent specialty practices and health systems with various type of joint ventures, including service line co-management arrangements and co-owned ambulatory surgery centers
• Represented a medical practice seller in a private equity backed practice management company acquisition including cash and equity consideration
• Acquisition of a 90 physician multi-specialty practice by a major Boston-based health system.
• Acquisition and ultimate spin-off of a 35 physician multi-specialty practice by a publicly traded physician practice management company.
• Review and/or negotiation of employment agreements for internists, pediatricians, emergency physicians, cardiologists, surgeons, psychiatrists, nephrologists, dentists, and physical therapists, and other specialists.
• Compliance review for hospital-owned facilities and agencies
• Structuring, negotiating and drafting of practice buy-ins and buy-outs for primary care physicians, ophthalmologists, dermatologists, dentists, periodontists and orthodontists, and other specialists.
• Withdrawal of an OB/GYN from a 3 physician group and transition to a large multi-specialty practice.
• Reorganization of a surgical group practice.
• Negotiation of a Medicare risk contract, including capitation and risk pools for a primary care physician owned and operated independent practice association.
• Structure and implementation of a behavioral health management service organization and related network.
• Representation of physicians, medical staff and facilities with professional and peer review activity disputes, including managed care organization deselection, credentialing issues, professional review and disciplinary actions, and compensation issues.
• Drafting and negotiation of hospital-based group contracts, including radiology, anesthesiology, pathology, emergency medicine and hospitalist services.
• Design and negotiation of a radiation oncology joint venture between a non-profit hospital and a for-profit ancillary services provider.
• Representation of health care providers with both commercial and tax exempt financing and refinancing.