Practices
Health Law

Health Law

Our health care lawyers are passionate about the industry and have decades of experience advising for-profit and non-profit providers, insurers, biotechnology companies and other clients facing complex legal, regulatory and business issues. Well known for our industry knowledge, experience, quality, integrity and advocacy, our team is tightly knit, deeply experienced, and capable of deploying the right resources to assist you in a highly efficient and cost-effective manner.

The health care practice at Shipman has been ranked in Band 1 by Chambers USA America’s Leading Lawyers for Business 2022, the nation’s preeminent guide to law firms and individual lawyers.

For more than 75 years, we have provided informed, proactive representation to hospitals, academic medical centers, hospital systems, integrated health networks, community-based providers, behavioral health agencies, substance-use disorder providers, federally qualified health centers, home health agencies, skilled nursing facilities, life-science companies, retail pharmacies and insurers.

Healthcare Regulatory and Compliance

Corporate compliance is the cornerstone of our health law practice. With our vast experience, we work with clients to develop and implement risk-management programs and guidance that help create an effective compliance culture. From conducting Stark Law and Anti-Kickback Statute audits and analyses, to helping align compliance and business strategies, we regularly advise on the full range of federal and state regulatory matters.

HIPAA and Privacy

We know the challenges involved in maintaining the confidentiality of patient information and ensuring compliance with the Health Insurance Portability and Accountability Act (HIPAA). In addition to advising clients on HIPAA’s Privacy, Security and Breach Notification rules, as well as the establishment of health information exchanges, electronic health record systems and donation programs, we provide counsel on related federal regulations, including matters involving substance abuse treatment (42 CFR Part 2) and related state privacy laws. When a breach occurs, we help clients mount an effective response, mitigate risk, conduct internal investigations, and respond to inquiries and investigations from law enforcement authorities and the media.

Healthcare Transactions

Healthcare transactions are complex and must comply with a large number of regulatory requirements and address a host of ongoing, day-to-day operational concerns. To achieve long-term business success, guidance from experienced corporate and regulatory counselors is essential. We counsel clients at every step of a transaction, from initial strategy development negotiation, through the closing of the deal.

Land use approvals and litigation

Acquisition and Land Use Approvals for Federally Qualified Health Center

Represented Federally Qualified Health Center in the acquisition and development of real property in downtown Winsted, Connecticut, enabling the client to expand and meet the growing need of the medically-underserved living in the area so that they may have access to quality, affordable and comprehensive primary and preventive health services. The Center will serve a racially and economically diverse population, many of whom have limited employment, transportation, housing and financial resources by adding additional exam rooms, providers, support staff, and equipment in a convenient location, dramatically reducing the number of adults who have no care, or have delayed or not sought care. Over the course of eighteen months, our team handled the negotiation of the purchase transaction, related land use approvals including the successful appeal of a denial by the local planning and zoning commission, as well as related historic, regulatory and environmental matters, allowing for closing of the transaction in early 2018.

General

Shipman Advised Rhode Island Attorney General On Proposed Healthcare Systems Merger

A Shipman team of attorneys, led by Joan Feldman, and including Vincenzo Carannante, Mark Ostrowski, Patrick Fahey, Christopher Cahill, Damian Privitera and Stephanie Gomes-Ganhão were engaged by Rhode Island Office of the Attorney General (“RIAG”) over a twelve-month period to advise the Office in connection with the proposed merger of the State’s two largest healthcare systems and a collaboration with Brown University. Our engagement included advising the RIAG regarding the proposed merger and its potential impact on the State of Rhode Island residents and health care employees. We provided an extensive review and evaluation of the parties’ submissions, and took multiple statements under oath of the transacting parties and their consultants.

Successful Affiliation of Two Major Healthcare Organizations

Lawrence + Memorial and Yale New Haven Health

A team of Shipman & Goodwin attorneys, led by Joan Feldman, assisted Lawrence + Memorial Hospital in the negotiation of its affiliation with Yale New Haven Health, and jointly represented both L+M Corporation and Yale New Haven Health in obtaining all the needed regulatory approvals from the State of Connecticut to complete the transaction, including certificate of need approval from the Office of Health Care Access for the system affiliation and the combination of the affiliated medical foundation. The affiliation process extended over an eighteen-month period with many complex regulatory hurdles, along with coordinated corporate, transactional, labor and employment, and environmental legal counsel.

Settlement Achieved in Qui Tam Action

Behavioral Health Provider

Successfully represented a large Connecticut behavioral health provider in a false claims whistleblower action brought by two former employees. The qui tam lawsuit alleged that the client and its former CEO violated the state and federal False Claims Acts by not meeting some documentation requirements of its provider agreement with the state Medicaid program.

Medicare and Medicaid Reimbursement and Compliance Issues

Health Care Providers

Represented several health care providers on Medicare and Medicaid reimbursement and compliance issues, including responding to and handling audits and investigations by the Connecticut Department of Social Services, Office of Inspector General, Department of Justice, Medicare Program Safeguard Contractor, and ZPIC.

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