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Devine Millimet
Devine Millimet represents all members of the healthcare-provider community, including hospitals, long-term care facilities, physician practices, individual practitioners, and agencies responsible for the health and related needs of individuals with developmental disabilities and mental illness. We provide assistance to our clients with their day-to-day legal issues, as well as their regulatory, legislative, administrative, and litigation needs.
 
Our team is experienced in the state and federal laws that uniquely apply to the healthcare industry. Our attorneys are able to address regulatory and compliance issues (Stark, Anti-Kickback, etc.), HIPAA, EMTALA, medical staff and employment issues, reimbursement matters (e.g. Medicare and Medicaid), managed care contracting, certificate of need issues, and risk management and professional liability matters. Our experience also extends into more generalized laws that affect the healthcare industry, such as: nonprofit corporate law, charitable trust law, real estate, financing, antitrust, and state and federal tax law.
 
 

Representative Matters

  • Hospitals 
  • We assist hospitals with the many areas of healthcare law that affect them every day. Through the representation of community hospitals, tertiary care facilities, teaching hospitals, nonprofit institutions, and religiously affiliated hospitals, we have developed an understanding and appreciation for the unique and highly complicated issues these institutions face.  We have the breadth of knowledge and experience to advise institutions on all facets of their organization, including corporate structure and governance, financing and contracting, certificates of need, capital project financing, regulatory compliance, medical staff governance and credentialing, recruitment and compensation, labor and employment, pension benefits, risk management, professional liability, workers’ compensation, and loss prevention.  Our litigation attorneys also provide services on an as-needed basis in all areas, including professional liability, and workers' compensation.
We assist our hospital clients by:
 
• Providing daily legal counsel to several hospitals on a wide breadth of matters, including corporate governance, physician practice acquisition, risk management, employment, medical staff governance, and bylaws development.
 
• Successfully challenging New Hampshire’s Medicaid Enhancement Tax as unconstitutional, leading to a landmark resolution for 25 hospitals through corrective legislation.
 
• Representing the "acquired" institution in connection with the state's first corporate affiliation of two nonprofit hospitals.
 
• Acting as counsel to the state's largest hospital in connection with the planning, approval, financing, development, and construction of a completely new academic medical center.
 
• Providing a strong defense team in high exposure medical malpractice claims.
 
• Playing a central role in the unprecedented disaffiliation of a multi-provider hospital network, including the attendant charitable trust and probate proceedings.
 
• Acting as counsel in connection with a civil antitrust investigation mounted by the federal Justice Department against a state-based provider.
 
• Acting as counsel to an "obligated group" of a number of healthcare organizations in connection with the issuance of several hundred million dollars of tax-exempt bonds by the bonding authorities of three different states. 
 
• Acting as counsel in connection with the establishment and expansion of Northern New England's largest regional healthcare delivery system that included more than 10 healthcare organizations. 
 
• Representing charitable healthcare and educational organizations whose real estate tax exemption was challenged by a municipality.
 

  • Long-Term Care Facilities

  • In this era of extensive government regulation and oversight, we serve our long-term care facility clients, especially nursing homes, by taking a multidimensional approach. Our representation of the trade organization of New Hampshire's nursing homes in state government and before the Department of Health & Human Services has given us a deep appreciation of the hurdles faced by long-term care providers. In addition to assisting our clients with their dealings with state regulators on matters such as Medicaid compliance surveys and Medicaid rates, we also work in the state legislature on behalf of the nursing home industry as a whole to help shape the laws themselves.
     
    We have assisted our long term care clients in various areas, including:
     
    • Challenging changes to the State's Medicaid rate-setting methodology for nursing homes resulting in a New Hampshire Supreme Court opinion invalidating these changes and potentially requiring millions of dollars in reimbursement.
     
    • Providing government relations services to the New Hampshire Health Care Association, the trade organization for the State's nursing homes and many assisted living facilities. These efforts have resulted in increased funding and protection of nursing homes' Medicaid funding from diversion to other programs.
     
    • Acting as defense counsel in various medical malpractice claims.

  • Medicaid-Funded Agencies

  • We assist Medicaid-funded non-profit agencies respond to State actions alleging Medicaid over-billing, fraud, and other compliance issues, as well as State proceedings seeking to revoke their licenses, or force a merger or dissolution. Our breadth of experience allows us to further serve these clients by advising them on general compliance, non-profit, and corporate law matters.
     
    Notably, we have been involved in:
     
    • Representing parties in all three mergers of New Hampshire area agencies for the developmentally disabled.
     
    • Successfully representing two Medicaid-funded agencies for individuals with mental illness and developmental disabilities opposing the State's protracted efforts to revoke their licenses and force large Medicaid fraud and overbilling reimbursements.
     
    • Challenging changes to the State's Medicaid rate-setting methodology for nursing homes resulting in a New Hampshire Supreme Court opinion invalidating these changes and potentially requiring millions of dollars in reimbursement.

  • Physician and Healthcare Practices

  • We help physicians, dentists, nurses, allied health professionals, and other health care providers navigate the complex healthcare legal landscape, at both the individual and group practice level.  Our breadth of experience allows us to assist practitioners in a range of disciplines across the spectrum of legal challenges posed by their industry.
     
    A sampling of the types of matters with which we can assist our individual provider and healthcare practice clients includes:
     
    • Business Formation including choice of entity, organizational structure and tax planning efficiencies.
     
    • Contract negotiations and drafting including shareholder agreements, buy-sell agreements, employment agreements and physician/hospital contracts.
     
    • Business Planning and Estate Planning for primary care and specialty practice physicians and group practices, including risk assessment and planning, drafting wills, trusts and advance directives, transferring assets for both asset protection purposes and federal and state tax efficiencies.
     
    • Retirement Planning, including employee benefit plans, deferred compensation plans, 401 (k) plans, cafeteria plans and other pension and profit sharing ERISA plans.
     
    • Non-compete agreements, anti-solicitation agreements, confidentiality agreements other restrictive covenant agreements.
     
    • Stark, Anti-Kickback provisions, HIPAA and other regulatory compliance.
     
    • Risk Management and Quality Assurance Programs.
     
    • Professional Policy and By-Law development.
     
    • Professional Liability and medical malpractice defense and primary and excess counsel representation. 
     
    • Representation in administrative investigations and disciplinary proceedings before State licensing boards.

 

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Office Locations in: Manchester, NH Concord, NH