Practice Areas

Health Care

At Smith Hulsey & Busey we have the largest and most diverse health care law practice group in North Florida, offering our clients unequaled resources and experience.

We represent health systems, physicians, institutions and other organizations, and provide a comprehensive range of services, including the formation of health care entities, licensing, Medicare, Medicaid and fraud and abuse. Our health care attorneys have expertise in the many areas of law that affect our health care industry clients, including antitrust, insurance regulation, tax exemption and financing. Members of the group also are in frequent communication with legislators and others who help shape state health care legislation, rules and regulations.

Our health care attorneys offer counsel in these and other areas:

Acquisitions and Mergers
We represent health systems, physician groups and other health care clients in connection with asset sales, mergers, acquisitions, affiliations, joint ventures and other corporate transactions. We have assisted health systems in affiliating with one another, terminating affiliation and acquiring other health systems and hospitals.

Contracting
We develop and negotiate contracts on behalf of our health care clients, including physician employment agreements, professional services agreements and collaboration agreements between health care providers. We also develop and negotiate payor and provider agreements for both managed care companies and providers. 

Financially Troubled Entities
We advise providers, integrated delivery organizations and other health care entities that are financially troubled, including entities that are the subject of insolvency proceedings.

Reimbursement, Regulatory and Compliance Matters
Members of our health care group stay informed of federal regulatory matters, including the Stark Law, federal anti-kickback prohibitions, HIPAA privacy and security regulations and EMTALA. We evaluate health care contracts, provider relationships and other arrangements for compliance with these regulations, and regularly work with providers on billing, documentation and other compliance issues. Our practice also encompasses representation of health care providers in Medicare and Medicaid overpayment determinations and other civil or criminal investigations. 

Licensing, Permitting and Certification
Our health care group is proficient in the handling of certificate of need and state licensing issues for health care entities and individual physicians. We also have expertise in federal licensing, permitting and certification, including Medicare and Medicaid provider enrollment, CLIA licensure and federal Drug Enforcement Administration permitting.

Managed Care Organizations
Our experience includes the formation of managed care organizations, including HMOs, IDOs, PPOs, PHOs, IPAs and other provider networks and consortiums.

Liability Issues
We advise health care industry clients on professional and general liability issues, risk prevention and reduction, contractual indemnification and insurance provisions, claims resolution, and, when necessary, provide representation in litigation.