Devine Millimet’s Healthcare Practice Group focuses on the representation of hospitals, nursing homes and physician practices, as well as agencies responsible for the health and related needs of the developmentally disabled and mentally ill.
As general counsel to New Hampshire's two largest hospitals, including the State's only teaching hospital, and as special counsel dealing with the specialized legal needs of our healthcare clients, we work on a daily basis with laws of unique applicability to the healthcare industry. We are experienced in 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. This knowledge and experience is enhanced through our membership in organizations such as the New Hampshire Hospital Association, the New England Society for Healthcare Risk Managers, the Brain Injury Association of New Hampshire, and the American Health Lawyers Association.
We also have extensive experience with more generalized laws that affect the healthcare industry, such as: nonprofit corporate law, charitable trust law, real estate, financing, antitrust and federal tax law. In addition to dealing with day-to-day legal issues, with our firm's extensive trial and governmental affairs practice, we are in a position to address the litigation, regulatory, legislative and administrative needs of our healthcare clients.
The attorneys within our Healthcare Practice Group provide counsel and support to various entities and individuals within the healthcare field, including:
Moreover, many of our attorneys in related practice areas provide substantial benefit to our healthcare clients:
- 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.
- Represented parties in all three mergers of New Hampshire area agencies for the developmentally disable to date.
- Acting as counsel in connection with the establishment and expansion of Northern New England's largest regional healthcare delivery system that, at present, includes more than 10 healthcare organizations.
- Successfully represented two Medicaid-funded agencies for the mentally ill and developmentally disabled opposing the State's protracted efforts to revoke their licenses and force large Medicaid fraud and overbilling reimbursements.
- Playing a central role in the unprecedented disaffiliation of a multi-provider hospital network, including the attendant charitable trust and probate proceedings.
- Challenged 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.
- Acting as counsel in connection with a civil antitrust investigation mounted by the federal Justice Department against a state-based provider.
- Representing the "acquired" institution in connection with the State's first full-asset merger of two nonprofit hospitals.
- Provide 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 counsel to a group of charitable healthcare and educational organizations whose real estate tax exemption was challenged by a municipality.
- Acting as counsel to an "obliged 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.