Health Law

Our mission is to provide the highest quality legal services, with special attention to clients' needs and time constraints while always ensuring that their business objectives are met. We understand the challenges facing health care clients today and are committed to helping them navigate through these issues.

Business Strategy

Robinson+Cole's Health Law Group consists of a team of experienced health care lawyers trained to advise clients on meeting business objectives within the confines of a complicated legal and regulatory environment. Each member of the Health Law Group understands the urgency of our clients' issues, the complexity of an evolving health care environment, and the challenges of competition, regulation, and resource allocation. We are focused on providing practical and responsive counsel to our clients. We represent the spectrum of health care clients, including hospitals, long-term care facilities, provider networks, durable medical equipment suppliers, ambulatory surgical centers, physicians and other individual providers, home health care agencies, clinics, and outpatient facilities.

Health Industry/Legal Strength

Our extensive health law experience allows us to provide creative, sophisticated, and practical solutions to the problems facing a diverse health care community. We are sensitive to the impact that health industry dynamics have on our clients' decision making. Our team comprises one of the state's largest core groups of focused health care lawyers, supported by lawyers from the firm's corporate, finance, tax, tax-exempt organizations, emerging technologies, intellectual property, litigation, immigration, labor and employment, benefits, and real property practice areas. Robinson+Cole's Government Relations Group is also known throughout the region for its understanding of the issues facing health care entities.

Personal Service

Our commitment is to provide legal services in a prompt and efficient manner, tailored to our clients' needs. With this commitment in mind, we have implemented an answering service that is available 24 hours per day, seven days per week, to ensure that urgent health law needs are met beyond regular business hours. Furthermore, at Robinson+Cole, we recognize that knowing our clients and their staffs is essential to providing quality legal services. We are committed to knowing and understanding the people who are integral to our clients' needs.

Our Health Law Group publishes the Health Law Pulse, a periodic newsletter containing health law updates and other pertinent information that affects health care businesses.

We also have a Health Law Training Institute that provides training and education on relevant health law issues to health care providers and facilities.

Robinson+Cole's health law lawyers have the experience to represent health industry clients in matters that involve the following:

  • administrative proceedings
  • antitrust counseling
  • certificates of need
  • compliance plans
  • contract preparation, negotiation, and review
  • corporate counseling and governance
  • corporate formation, joint ventures, affiliations, and restructuring
  • employment contracts
  • executive compensation and intermediate sanctions
  • fraud and abuse counseling
  • HIPAA (Health Insurance Portability and Accountability Act)
  • immigration
  • managed care
  • medical staff issues, including physician credentialing and disciplinary proceedings
  • Medicare and Medicaid reimbursement
  • mergers and acquisitions
  • physician compensation
  • physician recruitment
  • policy drafting and review
  • regulatory compliance
  • risk management
  • tax and tax exemption
    • Experience
      • Regular representation of hospitals, integrated delivery systems, nursing homes, continuing care retirement communities, physician groups, outpatient clinics and other health care providers as outside general counsel. Regularly advise these clients in matters of corporate governance, contracts, regulatory compliance, corporate compliance, risk management, policies, fundraising and tax exemption, employment, labor and litigation. Work closely with senior management and/or general counsel in transactional and day-to-day risk management and operational issues.
      • Representation of tissue bank in connection with negotiations and drafting of distribution, supply, licensing, representation and other agreements; acquisition of substantially all of the assets of another tissue bank; creation of domestic and international joint venture; subsidiary arrangements for the provision of certain tissue products and services; and certain regulatory matters.
      • Regular representation of hospitals in connection with physician recruitment and retention matters, including advice regarding Stark exceptions, Anti-kickback safe harbors and tax exemption restrictions and drafting of income guarantees, loan forgiveness arrangements and employment agreements.
      • Representation of hospital in connection with formation of professional corporation for employment of physicians in private practice model.
      • Regular representation of hospitals and physician groups in connection with physician and mid-level provider employment agreements, including advice regarding Stark and Anti-kickback statute compliance, incentive compensation and gainsharing issues.
      • Regular advice and representation of clients in administrative licensure investigations and proceedings before the Connecticut Department of Public Health. Experience includes negotiation of consent agreements, representation in hearings, compliance audit counseling and adverse event investigations.
      • Regular advice to and representation of clients in proceedings before the Connecticut Department of Social Services regarding financial audits, administrative sanctions and Title XIX appeals.
      • Representation of one of Connecticut’s largest providers of home health services in connection with a multi-agency federal and state investigation into the company’s billing practices. Worked closely with the client to conduct an internal investigation of the agency’s billing processes to identify potential areas of exposure and to develop a comprehensive corporate compliance program. Successfully persuaded the United States Attorney’s Office not to pursue charges and to issue a formal declination letter.
      • Representation of a hospital network and behavioral health center in an investigation of billing practices brought by the Federal Bureau of Investigation and the Office of the Inspector General.
      • Representation of a Connecticut hospital in connection with quality of care investigation by the Connecticut Department of Public Health. Prepared and defended witnesses in interviews with state investigators, coordinated all aspects of compliance with document demands, and appeared in related individual licensure hearings on behalf of the facility.
      • Regular representation of hospitals, outpatient clinics, nursing homes and physician groups in connection with service contracts, including without limitation, contracts with providers of durable medical equipment, pharmacy, clinical laboratory, infusion services and staffing services.
      • Representation of an emergency medical service corporation and principals in criminal investigation involving potential Medicare fraud. Avoided prosecution and termination of Medicare participation status through negotiated resolution of civil monetary penalties.
      • Regular representation of institutional health care providers in connection with financial audits and quality of care investigations relating to the Medicaid and Medicare programs conducted by the Connecticut Department of Social Services and the Connecticut Department of Public Health.
      • Representation of hospital in claim by surgeon of wrongful termination of staff privileges. Defended case successfully through administrative hearings, trial and appeal to Connecticut Supreme Court, establishing legal standard of substantial compliance with bylaws hearing procedures.
      • Representation of a hospital in claim of wrongful failure to certify resident’s successful completion of surgical residency program. Defended case successfully through administrative hearings, trial and appeal, establishing legal standard rejecting educational malpractice claim and establishing hospital’s discretion to make professional competence determinations.
      • Regular advice to and representation of hospitals in peer review matters and administrative proceedings under medical staff bylaws to terminate, reduce or suspend clinical privileges.
      • Representation of state’s only freestanding children’s hospital in certificate of need proceedings involving relocation of hospital, construction of new facility and combination of fragmented regional pediatric care.
      • Representation of hospital in certificate of need proceeding to secure major expansion of cardiac care to include open heart surgery and angioplasty.
      • Regular representation of hospitals and physician groups in connection with the formation of joint ventures.
      • Regular representation of not-for-profit health care providers in connection with corporate reorganizations, governance issues and revisions to corporate governance documents.
      • Representation of purchaser of a continuing care retirement community that was under court-ordered receivership. Worked closely with the client to obtain the necessary regulatory approvals, including without limitation, registration with the Connecticut Department of Social Services and assisted living services agency licensure from the Connecticut Department of Public Health. Successfully negotiated with the Attorney General’s office regarding revisions to continuing care agreements. Prepared and negotiated several management and service contracts. Worked as part of the Robinson & Cole team to resolve issues related to labor and employment, real estate and contract negotiations.
      • Representation of developer of continuing care retirement community in connection with land use, zoning and construction matters.
      • Representation of home care agency in connection with acquisition of the assets of another home health care agency.
      • Representation of hospital in the development of a managed residential community and the licensing of an assisted living services agency, including without limitation, development of the assisted living services agreement, development and negotiation of a management agreement and development of policies.
      • Representation of a nursing home in connection with the acquisition of nursing home beds from a court-ordered receiver. Negotiated asset purchase agreement with receiver and worked closely with the client to obtain the necessary regulatory approvals, including without limitation, the approval of the Connecticut Department of Social Services.
      • Representation of substance abuse treatment center before municipal land use commissions in defending against zoning enforcement actions. Obtained order from federal court allowing clients to continue making off campus housing available to their patients. Regular preparation of, and advice to clients on, certificates of need and appear before the Connecticut Office of Health Care Access in connection with contested certificates of need.
      • Representation of tax exempt hospital in joint venture for outpatient endoscopy center, including negotiation of Operating Agreement, drafting of private placement memorandum for offering of membership units and subscription agreements and analysis of tax exemption and fraud and abuse issues.
      • Representation of joint venture between tax exempt hospital and physicians in connection with development and operation of ambulatory surgery center, including drafting Operating Agreement, drafting private placement memorandum and subscription agreements, fraud and abuse analysis, and drafting and negotiating land option agreement and lease, management agreement and anesthesiology service agreement.
      • Representation of hospital in the sale of its dialysis business, including, without limitation, negotiation of asset purchase agreement, lease documents, acute dialysis service agreement and certificate of need, the Connecticut attorney general conversion act, and Connecticut Department of Public Health approvals.
      • Representation of physician group in the formation of a joint venture with a hospital for outpatient radiology services, including drafting and negotiation of an Operating Agreement, management agreement, billing services agreement, imaging services agreement and lease agreement.
      • Regular representation of hospitals in connection with exclusive professional service agreements for radiology, anesthesiology, pathology and radiation oncology.
      • Representation of health services corporation in connection with liquidation of affiliated health maintenance organization before the Connecticut Insurance Department.
      • Ongoing representation of a physician-hospital organization and affiliated independent practitioner association in a multi-party medical malpractice lawsuit.
      • Defense of hospital in class action litigation alleging violation of state statutes relating to medical records requests. Negotiated binding class resolution for nominal financial cost.
      • Defense of hospital in class action case brought on behalf of deaf and hearing impaired community. Negotiated settlement with Connecticut Attorney General and United States Department of Justice to improve systemwide access to health services for deaf and hearing impaired patients.
      • Ongoing representation of major pharmaceutical manufacturer in a lawsuit brought by the Connecticut Attorney General seeking recovery of Medicaid and Medicare payments made for certain pharmaceuticals.
      • Regular representation of hospitals, community providers and physician groups in connection with corporate compliance plans.
      • Successfully defended a large community hospital from IRS challenge of its tax exempt status. Focusing upon a building transaction between the hospital and some of its staff physicians, IRS examiners proposed a determination that the hospital no longer qualify as a section 501(c)(3) organization. The IRS position reflected a preliminary conclusion that the transaction conveyed undue private benefits upon the physicians group and constituted prohibited private inurement. Robinson & Cole protested this determination and, after extensive negotiation before the Appeals Office of the IRS, succeeded in persuading the IRS that the transaction should not cause either a loss of tax exemption or the imposition of any other sanctions on the hospital.
      • Regular advice to hospitals regarding issues involving EMTALA, including compliance and EMTALA’s physician on call requirements.
      • Provide regular advice to health care providers regarding federal and state privacy and security law and draft HIPAA privacy and security policies for entities subject to HIPAA.
      • Representation of individual physicians and professionals in the negotiation of employment contracts.*
      • Representation of provider in response to third party payor, Medicare and OIG post payment audit and investigation.*
      • Representation of hospital bone marrow transplant (BMT) program in the successful opposition to CON application of competing hospital system.*
      • General counsel to multi-state pathology group practice.*
      • Representation as deal counsel in affiliation of nursing home system and adult day care system.*
      • Regulatory counsel to multi-state dialysis company.*
      • Representation of a home and hospice care provider in a disaffiliation from a large health care system and conversion to a freestanding entity, including negotiation of deal terms, representation before the Attorney General's office on the proposed use of non-profit foundation assets and representation before the Department of Health for regulatory approval and transfer of ownership licenses.*
      • Representation of seller in $66 million sale of four assisted living facilities in Massachusetts, New Hampshire, and Vermont.*
      • Local counsel to regional nursing home provider in $64 million refinancing and subsequent $45 million participation loan.*
      • Representation of buyers and sellers of physician practices and structuring of buy-in and earn-out provisions for physicians joining or leaving a practice.*
      • Representation of cardiology group practice in negotiation of exclusive cardiology services agreement with community hospital cardiology program joint venture.*
      • Representation of multi-state nursing home company in the acquisition of four nursing homes out of receivership, regulatory approval process and $25 million acquisition loan.*
      • Representation of diagnostic imaging centers in the development of MRI, PET, and nuclear cardiac testing facilities and related regulatory, reimbursement, and contract issues.*
      • Development of corporate compliance programs for hospitals, nursing homes, physician groups, academic medical center foundation, imaging company, and a computer services company.*
      • Representation of providers in connection with federal and state subpoena and investigation of possible Medicare and Medicaid overpayments, false claims, and related issues and negotiation of settlements with U.S. Attorney, HHS-OIG, and state Medicaid fraud control units.*
      • Compliance, regulatory, EMTALA, and HIPAA counseling of national behavioral health company and dialysis services companies.*
      • Representation of a nursing home in connection with a complete revision of its Medical Staff Bylaws and Rules and Regulations, including revisions to ensure compliance with applicable statutes, regulations and accreditation standards of agencies such as Joint Commission on Accreditation of Health Care Organizations, Centers for Medicare and Medicaid Services and the Connecticut Department of Public Health.
      • Representation of a continuing care retirement community in connection with restructuring and revising their continuing care contracts.
      • Representation of physician hospital organization in connection with purchase of electronic medical record hardware and software, including fraud and abuse and tax exemption advice regarding donation of electronic medical record software and services by a hospital to physicians, structuring the transactions between the physician hospital organizations and the physician users and hospital donor and drafting and negotiating all contracts with the electronic medical record vendor and the physician users.
      • Representation of hospital in connection with acquisition of middleware software for electronic health records, including fraud and abuse and tax exemption advice in connection with the donation of such software to physicians.
      • *These matters were of counsel prior to an individual attorney joining Robinson+Cole.

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        Health Law Group Hosted Webinar on New Electronic Health Record Requirements

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        Robinson & Cole Partner Quoted in Hartford Business Journal on Health Care Reform Impact to Local Businesses

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        Robinson & Cole Attorneys Author CT Law Tribune Article on Expansion of Fraud and Abuse Laws Under Reform Legislation

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        Robinson & Cole Attorneys Featured in Health Care Reform Book

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        Robinson & Cole Attorney Speaks at Regional Economic Development Forum

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        Connecticut Governor Appoints Robinson & Cole Attorney to Advisory Committee

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