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Healthcare Law

Provide high-quality care while operating a thriving business.

Hawley Troxell’s attorneys provide the health care industry with the legal services needed to compete in a highly regulated, intensely competitive, and always changing environment. We provide hospitals and physicians with a wide range of legal resources to ensure that health care providers across Idaho and Washington can successfully provide high-quality patient care and in operating their businesses successfully.

Regulatory Compliance

We can help with a wide range of regulatory issues, including HIPAA, Stark, the Anti-Kickback statute, EMTALA, as well as state and federal licensing requirements. Our attorneys assist providers with drafting and implementing compliance policies and programs, including both voluntary and federally mandated plans that best meet these requirements. When a compliance issue is identified, we have the experience necessary to investigate and address issues of non-compliance, including potential violations of HIPAA, EMTALA, and fraud and abuse laws.

Physician-Hospital Integration

Our attorneys assist providers with business transactions, which seek to integrate the collective efforts of physicians, hospitals, and other providers. We assist clients with the acquisition of hospitals, ambulatory surgery centers, specialty clinics, and physician practices. Our attorneys also assist with the formation of joint ventures and the conversion of county-owned hospitals to tax exempt, non-profit corporations. Additionally, we assist physicians and hospitals with employment or independent contractor relationships. These transactions are implemented through negotiation, preparation of documents, and by addressing the tax, antitrust, and fraud and abuse regulations that are central to health care transactions. As providers come together to better serve their patient populations, our attorneys act as hospital counsel, physician counsel, board counsel, bond counsel, financial advisor counsel, or lender’s counsel.

Medicare, Medicaid, and Payor Relations 

We assist providers by handling participation, billing and coding, and coverage for Medicare Parts A and B, as well as Medicaid. From internal audits, government investigations, and reports of self-disclosure to the defense of claims for fraud or reimbursement, our attorneys handle a broad range of reimbursement issues affecting the health care industry.

Professional Qualifications and Credentialing

We provide assistance with physician recruitment, credentialing, peer review, and various physician-hospital staff relations such as licensure, membership, and privileging. Our attorneys are experienced in litigation arising from peer review, credentialing, licensure, and related matters.

Board Governance and Litigation

As General Counsel for the Idaho Hospital Association, we work closely to advise and advocate for the interests of health care providers in the courts, administrative agencies, and before the Idaho legislature. Our attorneys work closely with the boards of hospitals and other health care entities on issues of governance, executive compensation, compliance, and strategic planning. When providers are faced with litigation, our attorneys have significant trial experience in successfully defending medical malpractice and similar claims. We have defended physicians, physician groups, and hospitals against the potentially devastating effects of medical malpractice and administrative claims.

HealthCare Law Insights

Tom Mortell moderates Idaho Business Review Breakfast Series Panel

On October 6, 2020, Tom Mortell, partner at Hawley Troxell, moderated one of the Idaho Business Review Breakfast Series panels. The panel, titled “Keeping Idaho…


The Idaho Patient Act: What it means for Idahoans

The Idaho Patient Act was passed by the 2020 Idaho Legislature and signed into law by Gov. Brad Little on March 16. To summarize, the…


An Overview of Involuntary Mental Health Holds in Idaho

There are few things in life more challenging than struggles with serious mental illness. When that challenge rises to the level of a grave disability,…


What the Medicaid Expansion Ballot Initiative Could Mean for Idaho

The Affordable Care Act (ACA), commonly referred to as Obamacare, was passed in 2010 by the narrowest of margins in what was a tremendous partisan…


What can we do for you?

Learn more about how our team can help you reach your business goals. Send us a message below or give us a call at 208.344.6000.

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