Healthcare Law

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.