The health care marketplace is characterized by its unprecedented opportunities, innovations and rapid change. Such a dynamic industry demands highly proficient legal and regulatory advisors who understand the nuances of the health care environment. Drawing upon first-hand business and operational experience, Munsch Hardt’s multidisciplinary health care team helps clients not only navigate through regulatory requirements, but also seize strategic business opportunities.
Having long served as trusted advisors to an array of health care businesses, our attorneys understand the unique relationships that exist between providers, patients, payers and regulators. Many of the businesses we serve include the following:
- Long-Term Care & Post-Acute Care Facilities – Skilled nursing facilities (SNFs), assisted living facilities (ALFs), continuing care retirement centers (CCRCs), home health agencies, hospices, rehabilitation centers and more.
- Hospital Systems – Tax-exempt and for-profit health care systems, long-term acute care hospitals (LTACHs) community and specialty hospitals, as well as ambulatory surgery, radiation oncology, cardiology and lithotripsy centers.
- Physicians & Physician Groups – Internal medicine groups, orthopedic surgeons, physical medicine specialists, pain management groups and OBGYN medical groups.
- Management Groups – Management service organizations (MSOs), group purchase organizations (GPOs) and dental service organizations (DSOs).
- Ancillary Services – Pharmacies, clinical labs, dentists, veterinarians, non-physician practitioners (e.g. physician assistants and nurse practitioners), optometrists, chiropractors, podiatrists and wellness centers, including medical spas.
- Health Care Investors – Private equity funds, real estate investors, private accredited investors and developers.
- Manufacturers & Distributors – Medical device, regulated products (e.g. medicinal cannabis) and durable medical equipment companies.
- Mobile & Technology Health Care Companies – Mobile heath care providers, medical application developers and telehealth providers.
Our ability to represent clients in each of these segments is a testament to the Firm’s integrated legal representation. This type of integration is highlighted by the specific practices outlined below:
Bankruptcy, Restructuring & Insolvency
Recognized by Chambers USA since 2005, our Bankruptcy, Restructuring & Insolvency group has extensive experience representing all major constituencies in bankruptcy, restructuring and insolvency matters. We are adept at every facet of the bankruptcy and restructuring process, which allows our clients to better evaluate possible outcomes, develop strategies, assess risks and ultimately plan for the future.
Corporate & Securities
We represent dynamic, growing businesses in transactions and other matters that are critical to their success. Our services include mergers and acquisitions; venture capital; private equity; family office investments; business succession planning; technology contracts and intellectual property licensing; corporate governance and special board committees; securities offerings and capital raises; outsourced counsel services; executive compensation; joint ventures; and transactional tax planning and controversies.
When clients partner with Munsch Hardt, they partner with some of the best and most experienced finance attorneys in the industry. In fact, there are few law firms involved in as many complex lending transactions as Munsch Hardt. Our Finance attorneys represent lenders from a variety of disciplines within the industry, including banking institutions, non-regulated lenders, private equity and hedge funds, as well as domestic and foreign financial institutions in a broad range of transactions.
The Firm’s Health Care attorneys have a strong foundation and experience in matters involving federal and state anti-kickback, self-referral (Stark), health information privacy and security (HIPAA), false claims, licensing, civil monetary penalties (CMPs), certification (e.g. Medicare) and corporate practice of medicine laws, as they impact entity/facility acquisition, formation and development; reimbursement; and licensing and operational matters, including physician credentialing and medical staff governance.
Our Immigration attorneys represent hospitals, healthcare organizations and other health care providers with obtaining the proper work permits and visas for hiring, transferring and training doctors, medical and support personnel in the United States. We also provide counsel on I-9 issues, hiring and termination decisions with regard to foreign nationals, employer sanctions and anti-discrimination laws compliance.
The Firm has also developed a niche practice representing insureds in insurance coverage matters, including litigation of coverage disputes. Members of the group work with clients in the health care industry, and have extensive experience with all major lines and types of commercial insurance, including D&O, professional liability, employment practices, fiduciary liability, commercial general liability, cyber liability, technology errors and omissions, excess/umbrella, non-subscriber plans and employer’s liability coverage, health care provider insurance, commercial property, builder’s risk, business interruption, executive liability, FLSA coverage, Medicare fraud coverage, product recall, crime and fidelity, adjuster errors and omissions and reinsurance. The group also has extensive experience in dealing with the many complexities presented by surplus lines insurance and coverage under Lloyd’s plans.
Labor & Employment
Our Labor and Employment attorneys provide consultation regarding various labor and employment matters, including personnel decisions (such as hiring, discipline, leave and termination); employment policies and procedures; employee complaints and/or reports of discrimination, harassment and/or retaliation; employer investigations surrounding employment issues; responses to inquiries by various state (Texas) and federal administrative agencies, including the Texas Workforce Commission (TWC), Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA); and compliance with state and federal employment regulations applicable to health care providers.
Our Litigation team is well-versed in health care-related disputes, including joint venture disputes, business dissolution, real estate litigation, covenants not to compete, medical malpractice, medical products liability and personal injury defense. While going to trial is not our goal, it is a distinct advantage for opposing counsel to know we are willing and able to do so if necessary.
The Firm’s Real Estate attorneys focus on representing skilled nursing facilities, medical office buildings, portfolios of medical and assisted living properties and more. With attorneys who focus almost exclusively on the health care industry, our team can handle any type of transaction involving real estate development, acquisition, financing, disposition, construction, leasing, operations and maintenance contract review. In this regard, we have worked to create templates which increase efficiency and provide consistent, predictable protections for our clients’ real estate dealings.
Our Health Care attorneys advise clients on federal and state health care fraud and abuse and qui tam related matters, advising on corporate integrity arrangements, governmental audits (e.g. ZPICs) and governmental investigations (e.g. OIG). Our extensive focus and experience in this area allows our attorneys to effectively monitor ongoing changes in this very fluid industry, and it helps us develop creative approaches to achieve our clients’ goals while maintaining compliance with these complex laws.
Our Tax attorneys advise tax exempt and taxable health care companies with respect to a multitude of federal and state tax issues. Representative engagements have involved advising our health care clients on tax issues that arise from operations to tax issues that arise in the transactional setting, including taxable and tax-free acquisitions and dispositions, reorganizations, recapitalizations, financings, structure of real estate investments and structure of incentive compensation arrangements for key employees.