What We Do
 


Health Care and Life Sciences

"We bring a 360 degree understanding to servicing the legal needs of doctors, physician groups, and pharmacists."

In the highly regulated, complex and ever-changing health care environment, PSRB attorneys are well-equipped to assist you with all aspects of your business. We represent a broad spectrum of health care clients, including physicians, nurses, pharmacists, physician practice groups and networks, ambulatory care facilities, retail and long-term care pharmacies, pharmaceutical manufacturers and medical device clients. Whether you are an individual, a practice group or an institution, PSRB brings a 360 degree approach to understanding your legal, financial and business needs. This enables us to promptly provide strategic, cost-effective solutions that are client-centered with a successful outcome based perspective.  Our attorneys are knowledgeable about all facets of the health care industry and offer a wide array of legal services, including:

  • Entity Formation, Business Combinations and other Business Services
  • Regulatory Compliance
  • Professional Licensing
  • Administrative, Trial Court and Appellate Litigation 
  • Labor and Employment Law  
  • Insurance Coverage
Our health care team works seamlessly with attorneys in other practice groups, including the Complex Litigation, Corporate and Real Estate practice groups to ensure that our health care clients are receiving the highest quality and most cost-effective professional services in order to satisfy their many complex and diverse needs.

Entity Formation, Business Combinations and other Business Services

PSRB attorneys are seasoned business advisers and entrepreneurs, involved in the formation of numerous new business enterprises. Drawing from this wealth of experience, we partner with our clients and assist with entity formation, market expansion, business combinations, and the acquisition and disposition of health care entities, including physician practice groups. 

We help our clients achieve regulatory compliance with health care transactions by collaborating with key players such as governmental agencies, accountants, financing sources, insurance brokers, and property managers to start or grow your business and get the deals done. 

PSRB  also regularly assists its health care clients in all other aspects of their business including, but not limited to, the drafting, review and negotiation of managed care contracts, provider-based hospital contracts, vendor agreements, real estate related documents, medical equipment leases, pharmaceutical benefit manager (PBM) and network agreements, employment agreements and stock agreements. 

Regulatory Compliance

Our scope of regulatory services is broad and includes risk assessment, litigation management, assistance with compliance audits and identification of best practices for health care entities to comply with the vast number of applicable state and federal regulations in Indiana and across the county.  For example, PSRB attorneys have assisted clients in navigating the complexities of physician self-referral laws, fraud and abuse laws, HIPAA and the HITECH Act, Medicare and Medicaid coverage and reimbursement requirements and FDA regulations.  PSRB regularly counsels its health care clients on maintaining compliance with these and other regulatory issues throughout their business activities.

Professional Licensing

PSRB understands the critical role that active licensure plays in allowing our health care clients to flourish.  Our attorneys regularly advise health care professionals and companies at the state and federal level in all aspects of the professional licensing and permitting process including applications, renewals, investigations, consumer complaints, and disciplinary proceedings. PSRB attorneys regularly defend physicians, dentists, nurses, pharmacists and other health care providers in disciplinary cases before various professional licensing agencies at the state and federal level. We collaborate with advocacy groups such as the Pharmacist Recovery Network ("PRN"), the Indiana State Nurses Assistance Program ("ISNAP"). 

Administrative, Trial Court and Appellate Litigation

Our robust complex litigation and appellate practice enables us to zealously advocate for our clients’ interests in all forums from the administrative level (e.g., Indiana Medical Licensing Board, Indiana State Board of Nursing and Indiana Board of Pharmacy), to state and federal courts, even arbitration.  Representative work includes:

  • Representation of client in licensing dispute involving a medical device company.
  • Representation of pharmacist in action brought by the Department of Health and Human Services, Office of Inspector General, Office of Investigations to exclude participation in Medicare, Medicaid and all Federal health care programs. 
  • Defense of OB/GYN practice group against ADA Access claim brought by the Department of Health and Human Services, Office for Civil Rights division.
  • Defense of national retail pharmacy chain in action brought by the Indiana Attorney General’s office raising HIPAA and privacy issues.
  • Representation of long-term care pharmaceutical supplier before the Indiana Board of Pharmacy involving PBM audit and appeal. 
  • Prosecution of hundreds of administrative applications before the Worker’s Compensation Board resulting in recovery of unpaid pecuniary liability on behalf of a physician practice client; engaged in significant appellate practice on dispositive issue that led to a favorable ruling before the Indiana Supreme Court.
  • Recent Published cases:
    • Indiana Spine Group, P.C. v. Pilot Travel Centers, 2011 Ind. Lexis 1011 (Ind. 2011) (10-year statute of limitation applies to provider fee applications before the Worker’s Compensation Board); see also Ind. Spine Group, P.C. v. Handleman Co., 944 N.E.2d 497 (Ind. Ct. App. 2011), trans. denied, 2011 Ind. LEXIS 1022 (Ind. Nov. 17, 2011); Ind. Spine Group, P.c. v. Int’l Entm’t Consultants, 940 N.E.2d 380 (Ind. Ct. App. 2011), trans. denied, 2011 Ind. LEXIS 1039 (Ind. Nov. 17, 2011).
    • Doe Corp., an anonymous health care provider v. Lolita C. Honore, 950 N.E.2d 722 (Ind. Ct. App. 2011) (determination of law under the medical malpractice statute). 

PSRB attorneys have extensive experience in negotiation and alternative dispute resolution techniques, which ensures that we approach every matter from a client-centered and outcome-based perspective. 

Labor and Employment Law

We regularly counsel health care clients on personnel policies and procedures, medical staff disputes, employee handbooks, non-competition and non-solicitation agreements, individual employment decisions, and compliance with state and federal statutes and regulations. We have substantial experience with employment-related litigation and regularly appear on behalf of clients before federal and state administrative agencies. We also regularly represent physicians, nurses, and nurse practitioners in employment contract negotiations.

Insurance Coverage

PSRB enjoys a rich tradition of helping policyholders navigate the complex and sometimes frustrating path to obtaining insurance coverage for their claims.  We assist our clients navigate the maze of insurance policies and insurance industry defenses from the moment an insurance claim arises through resolution.  We regularly assist in identifying and obtaining insurance policies, communicating with insurance companies and third parties, evaluating possibilities for coverage, and pursuing coverage litigation when necessary.

Significant Cases

Indiana Spine Group, P.C. v. Pilot Travel Centers, 2011 Ind. Lexis 1011 (Ind. 2011) (10-year statute of limitation applies to provider fee applications before the Worker’s Compensation Board)

Doe Corp., an anonymous health care provider v. Lolita C. Honore, 950 N.E.2d 722 (Ind. Ct. App. 2011) (determination of law under the medical malpractice statute).

 


 

Examples


Client Alerts

July 19, 2017   Kickback Scheme for Cancer Pain Medication Implicates Former Employee, Prescribing Physicians
By Jennifer Girod and Andrew Sylora, Plews Shadley Racher & Braun LLP
 
June 30, 2017   Cardiac Monitoring Companies Face $13.45 Million Settlement for Allegedly Steering Physicians to Costly Services
By Jennifer Girod and Andrew Sylora, Plews Shadley Racher & Braun LLP
 
June 26, 2017   Health Care Compliance Boot Camp
By Plews, Shadley Racher & Braun LLP
 
June 15, 2017   Physicians, Dentists, and Other Eligible Providers on Hook to Repay Mistaken EHR Incentive Payments
By Jennifer Girod and Andrew Sylora, Plews Shadley Racher & Braun LLP
 
June 9, 2017   EHR Vendor's False Certifications Focus of $155 Million DOJ Settlement
By Jennifer Girod, John Ketcham and Andrew Sylora, Plews Shadley Racher & Braun LLP
 

Significant Cases

Indiana Spine Group, P.C. v. Pilot Travel Centers, 2011 Ind. Lexis 1011 (Ind. 2011) (10-year statute of limitation applies to provider fee applications before the Worker’s Compensation Board)

Doe Corp., an anonymous health care provider v. Lolita C. Honore, 950 N.E.2d 722 (Ind. Ct. App. 2011) (determination of law under the medical malpractice statute).

 


 


Examples



Client Alerts

July 19, 2017   Kickback Scheme for Cancer Pain Medication Implicates Former Employee, Prescribing Physicians
By Jennifer Girod and Andrew Sylora, Plews Shadley Racher & Braun LLP
 
June 30, 2017   Cardiac Monitoring Companies Face $13.45 Million Settlement for Allegedly Steering Physicians to Costly Services
By Jennifer Girod and Andrew Sylora, Plews Shadley Racher & Braun LLP
 
June 26, 2017   Health Care Compliance Boot Camp
By Plews, Shadley Racher & Braun LLP
 
June 15, 2017   Physicians, Dentists, and Other Eligible Providers on Hook to Repay Mistaken EHR Incentive Payments
By Jennifer Girod and Andrew Sylora, Plews Shadley Racher & Braun LLP
 
June 9, 2017   EHR Vendor's False Certifications Focus of $155 Million DOJ Settlement
By Jennifer Girod, John Ketcham and Andrew Sylora, Plews Shadley Racher & Braun LLP
 
 
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