Best Lawyers for Litigation - Health Care in America

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Lawyer
  • Recognized Since: 2009
  • Location:
    Tampa, Florida
  • Practice Areas:
    Commercial Litigation Litigation - Health Care Criminal Defense: White-Collar Qui Tam Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Dallas, Texas
  • Practice Areas:
    Commercial Litigation Litigation - Health Care
Lawyer
  • Recognized Since: 1995
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Litigation - Health Care Administrative / Regulatory Law Workers' Compensation Law - Employers Professional Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2016
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Litigation - Health Care Commercial Litigation
Lawyer
  • Recognized Since: 2021
  • Location:
    Manchester, New Hampshire
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2019
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Medical Malpractice Law - Defendants Litigation - Health Care Professional Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2005
  • Location:
    Wichita, Kansas
  • Practice Areas:
    Health Care Law Bet-the-Company Litigation Commercial Litigation Trade Secrets Law Litigation - Health Care
Lawyer
  • Recognized Since: 2012
  • Location:
    Las Vegas, Nevada
  • Practice Areas:
    Commercial Litigation Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2017
  • Location:
    Seattle, Washington
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation Litigation - Health Care
Lawyer
  • Recognized Since: 2006
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Health Care Health Care Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Seattle, Washington
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2018
  • Location:
    Columbus, Ohio
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2020
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Health Care Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Recognized Since: 2011
  • Location:
    Portland, Oregon
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants Health Care Law
Lawyer
  • Recognized Since: 2016
  • Location:
    Baton Rouge, Louisiana
  • Practice Areas:
    Commercial Litigation Litigation - Health Care
Lawyer
  • Recognized Since: 2018
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2015
  • Location:
    Morristown, New Jersey
  • Practice Areas:
    Litigation - Health Care Commercial Litigation
Lawyer
  • Recognized Since: 2016
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2001
  • Location:
    Charleston, South Carolina
  • Practice Areas:
    Bet-the-Company Litigation Personal Injury Litigation - Plaintiffs Personal Injury Litigation - Defendants Commercial Litigation Mediation Medical Malpractice Law - Defendants Arbitration Litigation - Health Care
Lawyer
Jeffrey B. "Jeff" Coopersmith  was awarded  "Lawyer of the Year" in

Jeffrey B. "Jeff" Coopersmith

Orrick, Herrington & Sutcliffe LLP
  • Recognized Since: 2011
  • Location:
    Seattle, Washington
  • Practice Areas:
    Litigation - Health Care Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Recognized Since: 2021
  • Location:
    Baton Rouge, Louisiana
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2017
  • Location:
    Indianapolis, Indiana
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2018
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants Insurance Law Litigation - Insurance
Lawyer
  • Recognized Since: 2001
  • Location:
    Rochester, New York
  • Practice Areas:
    Commercial Litigation Education Law Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2018
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Litigation - Intellectual Property Litigation - Health Care Commercial Litigation
Lawyer
  • Recognized Since: 1997
  • Location:
    Tampa, Florida
  • Practice Areas:
    Medical Malpractice Law - Defendants Personal Injury Litigation - Defendants Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2021
  • Location:
    Nashville, Tennessee New York, New York
  • Practice Areas:
    Insurance Law Litigation - Health Care
Lawyer
  • Recognized Since: 2016
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2011
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Health Care Law Personal Injury Litigation - Defendants Medical Malpractice Law - Defendants Litigation - Health Care Legal Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2013
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Litigation - Health Care Product Liability Litigation - Defendants Commercial Litigation Professional Malpractice Law - Defendants Personal Injury Litigation - Defendants Medical Malpractice Law - Defendants Health Care Law
Lawyer
  • Recognized Since: 2008
  • Location:
    Pittsford, New York
  • Practice Areas:
    Criminal Defense: White-Collar Criminal Defense: General Practice Litigation - Health Care
Lawyer
  • Recognized Since: 2019
  • Location:
    Baton Rouge, Louisiana
  • Practice Areas:
    Commercial Litigation Litigation - Health Care
Lawyer
  • Recognized Since: 1995
  • Location:
    Baltimore, Maryland
  • Practice Areas:
    Medical Malpractice Law - Defendants Litigation - Health Care Personal Injury Litigation - Defendants
Lawyer
  • Recognized Since: 2020
  • Location:
    Des Moines, Iowa
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2018
  • Location:
    Baton Rouge, Louisiana
  • Practice Areas:
    Litigation - Health Care Litigation - Insurance Insurance Law
Lawyer
  • Recognized Since: 2019
  • Location:
    Denver, Colorado
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2018
  • Location:
    Chattanooga, Tennessee
  • Practice Areas:
    Insurance Law Litigation - Insurance Litigation - Health Care Commercial Litigation
Lawyer
  • Recognized Since: 2020
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2011
  • Location:
    Raleigh, North Carolina
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2019
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Health Care Health Care Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Tampa, Florida
  • Practice Areas:
    Criminal Defense: White-Collar Litigation - Health Care Qui Tam Law Commercial Litigation
Lawyer
  • Recognized Since: 2007
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Personal Injury Litigation - Defendants Insurance Law Product Liability Litigation - Defendants Litigation - Health Care Railroad Law
Lawyer
  • Recognized Since: 2008
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Health Care Law Personal Injury Litigation - Defendants Medical Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2003
  • Location:
    Pittsburgh, Pennsylvania
  • Practice Areas:
    Litigation - Health Care Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Recognized Since: 2003
  • Location:
    Phoenix, Arizona
  • Practice Areas:
    Administrative / Regulatory Law Litigation - Health Care Health Care Law Antitrust Law Commercial Litigation Litigation - Antitrust
Lawyer
  • Recognized Since: 2019
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Litigation - Labor and Employment Litigation - Health Care Litigation - Insurance
Lawyer
  • Recognized Since: 2014
  • Location:
    Pittsford, New York
  • Practice Areas:
    Medical Malpractice Law - Defendants Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2013
  • Location:
    Tallahassee, Florida
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2010
  • Location:
    Fort Lauderdale, Florida
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs Medical Malpractice Law - Plaintiffs Litigation - Health Care
Lawyer
  • Recognized Since: 2009
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Commercial Litigation Professional Malpractice Law - Defendants Personal Injury Litigation - Defendants Medical Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2016
  • Location:
    Cleveland, Ohio
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2008
  • Location:
    Los Angeles, California
  • Practice Areas:
    Criminal Defense: White-Collar Litigation - Health Care Health Care Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Health Care Law Litigation - Health Care Litigation - Insurance
Lawyer
  • Recognized Since: 2011
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Insurance Law Health Care Law Product Liability Litigation - Defendants Litigation - Health Care Litigation - ERISA
Lawyer
  • Recognized Since: 2010
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Health Care Health Care Law
Lawyer
  • Recognized Since: 2017
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Health Care Law Litigation - Health Care Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Recognized Since: 2020
  • Location:
    Knoxville, Tennessee
  • Practice Areas:
    Medical Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2009
  • Location:
    Iselin, New Jersey
  • Practice Areas:
    Commercial Litigation Medical Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2010
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Litigation - Health Care Product Liability Litigation - Defendants Qui Tam Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Louisville, Kentucky
  • Practice Areas:
    Medical Malpractice Law - Defendants Professional Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2016
  • Location:
    Los Angeles, California
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2016
  • Location:
    Portland, Oregon
  • Practice Areas:
    Litigation - Health Care Commercial Litigation Appellate Practice
Lawyer
  • Recognized Since: 2019
  • Location:
    Los Angeles, California Oakland, California
  • Practice Areas:
    Administrative / Regulatory Law Litigation - Health Care Health Care Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Medical Malpractice Law - Defendants Litigation - First Amendment Litigation - Health Care
Lawyer
J. Richard "Dick" Kiefer  was awarded  "Lawyer of the Year" in

J. Richard "Dick" Kiefer

Dentons Bingham Greenebaum
  • Recognized Since: 1987
  • Location:
    Indianapolis, Indiana
  • Practice Areas:
    Criminal Defense: White-Collar Bet-the-Company Litigation Commercial Litigation Criminal Defense: General Practice Litigation - Health Care
Lawyer
  • Recognized Since: 2015
  • Location:
    Milwaukee, Wisconsin
  • Practice Areas:
    Commercial Litigation Litigation - Health Care
Lawyer
  • Recognized Since: 2003
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Litigation - Health Care Litigation - Securities Medical Malpractice Law - Defendants Personal Injury Litigation - Defendants Health Care Law Commercial Litigation Litigation - Insurance Insurance Law
Lawyer
  • Recognized Since: 1997
  • Location:
    Baton Rouge, Louisiana
  • Practice Areas:
    Health Care Law Insurance Law Litigation - Health Care
Lawyer
  • Recognized Since: 2019
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2013
  • Location:
    Columbus, Ohio
  • Practice Areas:
    Litigation - Health Care Health Care Law
Lawyer
Norman F. Klick, Jr. was awarded  "Lawyer of the Year" in

Norman F. Klick, Jr.

Walker, Allen, Grice, Ammons, Foy & Klick, L.L.P.
  • Recognized Since: 2013
  • Location:
    Goldsboro, North Carolina
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2017
  • Location:
    Syracuse, New York
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2020
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2021
  • Location:
    Austin, Texas
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2020
  • Location:
    Charlotte, North Carolina
  • Practice Areas:
    Litigation - Labor and Employment Litigation - Health Care
Lawyer
  • Recognized Since: 2021
  • Location:
    Huntington, West Virginia
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2020
  • Location:
    Augusta, Georgia
  • Practice Areas:
    Commercial Litigation Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2007
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Administrative / Regulatory Law Litigation - Health Care Health Care Law Corporate Law
Lawyer
  • Recognized Since: 2016
  • Location:
    Seattle, Washington
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants Appellate Practice
Lawyer
  • Recognized Since: 2019
  • Location:
    Seattle, Washington
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2018
  • Location:
    Wichita, Kansas
  • Practice Areas:
    Medical Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2021
  • Location:
    Baton Rouge, Louisiana
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2017
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2017
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Professional Malpractice Law - Defendants Litigation - Health Care
Lawyer
Sean R. McKenna was awarded  "Lawyer of the Year" in

Sean R. McKenna

Spencer Fane LLP
  • Recognized Since: 2015
  • Location:
    Dallas, Texas
  • Practice Areas:
    Litigation - Health Care Health Care Law
Lawyer
  • Recognized Since: 2019
  • Location:
    Boston, Massachusetts
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2020
  • Location:
    Seattle, Washington
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2008
  • Location:
    Baltimore, Maryland
  • Practice Areas:
    Medical Malpractice Law - Defendants Personal Injury Litigation - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2007
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Medical Malpractice Law - Defendants Product Liability Litigation - Defendants Litigation - Health Care Personal Injury Litigation - Defendants
Lawyer
  • Recognized Since: 2020
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2012
  • Location:
    Columbia, South Carolina
  • Practice Areas:
    Litigation - Construction Construction Law Administrative / Regulatory Law Litigation - Health Care
Lawyer
  • Recognized Since: 2019
  • Location:
    Seattle, Washington
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2010
  • Location:
    Manchester, New Hampshire Boston, Massachusetts
  • Practice Areas:
    Criminal Defense: White-Collar Litigation - Banking and Finance Mass Tort Litigation / Class Actions - Defendants Commercial Litigation Bet-the-Company Litigation Litigation - Securities Litigation - Municipal Product Liability Litigation - Defendants Appellate Practice Litigation - Health Care
Lawyer
  • Recognized Since: 2008
  • Location:
    Cedar Rapids, Iowa
  • Practice Areas:
    Litigation - Health Care Appellate Practice
Lawyer
  • Recognized Since: 2021
  • Location:
    Concord, New Hampshire
  • Practice Areas:
    Litigation - Health Care Litigation - Insurance
Lawyer
  • Recognized Since: 2021
  • Location:
    Baltimore, Maryland
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2016
  • Location:
    Atlanta, Georgia
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2017
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2017
  • Location:
    Springfield, Missouri
  • Practice Areas:
    Product Liability Litigation - Defendants Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2007
  • Location:
    Seattle, Washington
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2001
  • Location:
    Seattle, Washington
  • Practice Areas:
    Health Care Law Litigation - Health Care Antitrust Law Litigation - Antitrust Commercial Litigation
Lawyer
  • Recognized Since: 2013
  • Location:
    Los Angeles, California
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2020
  • Location:
    Dallas, Texas
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2020
  • Location:
    Jackson, Mississippi
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2011
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Medical Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2016
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2015
  • Location:
    Columbus, Ohio
  • Practice Areas:
    Medical Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2018
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Health Care Law Litigation - Health Care
Lawyer
  • Recognized Since: 2007
  • Location:
    Denver, Colorado
  • Practice Areas:
    Litigation - Health Care Professional Malpractice Law - Defendants Legal Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2015
  • Location:
    Denver, Colorado
  • Practice Areas:
    Environmental Law Litigation - Health Care Administrative / Regulatory Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Concord, New Hampshire
  • Practice Areas:
    Litigation - Health Care Medical Malpractice Law - Defendants Personal Injury Litigation - Defendants
Lawyer
  • Recognized Since: 2018
  • Location:
    Wichita, Kansas
  • Practice Areas:
    Appellate Practice Litigation - Health Care Personal Injury Litigation - Defendants Bet-the-Company Litigation Insurance Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Nashville, Tennessee
  • Practice Areas:
    Litigation - Health Care
Lawyer
  • Recognized Since: 2018
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Litigation - Labor and Employment Litigation - Health Care Medical Malpractice Law - Defendants
Lawyer
  • Recognized Since: 2015
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Health Care Litigation - ERISA Litigation - Insurance
Lawyer
  • Recognized Since: 2010
  • Location:
    Wichita, Kansas
  • Practice Areas:
    Medical Malpractice Law - Defendants Litigation - Health Care
Lawyer
  • Recognized Since: 2016
  • Location:
    Indianapolis, Indiana
  • Practice Areas:
    Health Care Law Litigation - Health Care

  • Recognized Since: Ones to Watch Since:
  • Location:
  • Practice Areas:

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.

Practice Area Definition

Litigation - Health Care Definition

Health care law is a cross-disciplinary practice centered on the laws impacting the delivery and financing of health care goods and services. In the United States, the health care industry is heavily regulated at the federal, state, and local levels. Regulation of the industry is characterized by constant and rapid change, often involving efforts to contain health care costs, improve access to health care goods and services, and enhance the quality of care.

Much of the federal government’s regulation of the health care industry derives from its oversight of the Medicare and Medicaid programs, which provide health benefits to the elderly and indigent. Examples of other significant federal health care laws include the Food, Drug and Cosmetic Act, which regulates the human drugs, biological products, and medical devices; the Health Insurance Portability and Accountability Act, which includes protections on the privacy and security of protected health information; and the False Claims Act, which gives private individuals a right to bring an action on behalf of the government to recover improper payments. The Patient Protection and Affordable Care Act of 2010, also known as Obamacare, is sweeping federal legislation designed to expand access to health insurance, reduce health care spending, expand federal fraud and abuse authorities, and institute a variety of other health policy reforms.

State governments generally oversee health and safety and regulate providers of health services and insurance within the state. Typically, a state licenses health care facilities and individual health care professionals, such as physicians, dentists, nurses, therapists, and others. State “corporate practice” rules may govern the manner in which professional services can be offered. Some states have health planning laws that require the issuance of a “certificate of need” before certain new health services or facilities may be furnished in the state. Under common law authority or specific state statutes, state attorneys general oversee charitable health care assets, and often play a central role in the review of merger and acquisition transactions involving non-profit health care providers.

These and other health care laws have a pervasive effect on the activities of participants in the health care industry. As a result, health care lawyers play a central role in counseling on compliance in connection with operations; structuring and negotiation transactions; responding to governmental investigations; pursuing and defending litigation in courts and before administrative agencies; advocacy on legislation and regulation; and corporate governance matters.

Reed Smith LLP

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Health care law is a cross-disciplinary practice centered on the laws impacting the delivery and financing of health care goods and services. In the United States, the health care industry is heavily regulated at the federal, state, and local levels. Regulation of the industry is characterized by constant and rapid change, often involving efforts to contain health care costs, improve access to health care goods and services, and enhance the quality of care.

Much of the federal government’s regulation of the health care industry derives from its oversight of the Medicare and Medicaid programs, which provide health benefits to the elderly and indigent. Examples of other significant federal health care laws include the Food, Drug and Cosmetic Act, which regulates the human drugs, biological products, and medical devices; the Health Insurance Portability and Accountability Act, which includes protections on the privacy and security of protected health information; and the False Claims Act, which gives private individuals a right to bring an action on behalf of the government to recover improper payments. The Patient Protection and Affordable Care Act of 2010, also known as Obamacare, is sweeping federal legislation designed to expand access to health insurance, reduce health care spending, expand federal fraud and abuse authorities, and institute a variety of other health policy reforms.

State governments generally oversee health and safety and regulate providers of health services and insurance within the state. Typically, a state licenses health care facilities and individual health care professionals, such as physicians, dentists, nurses, therapists, and others. State “corporate practice” rules may govern the manner in which professional services can be offered. Some states have health planning laws that require the issuance of a “certificate of need” before certain new health services or facilities may be furnished in the state. Under common law authority or specific state statutes, state attorneys general oversee charitable health care assets, and often play a central role in the review of merger and acquisition transactions involving non-profit health care providers.

These and other health care laws have a pervasive effect on the activities of participants in the health care industry. As a result, health care lawyers play a central role in counseling on compliance in connection with operations; structuring and negotiation transactions; responding to governmental investigations; pursuing and defending litigation in courts and before administrative agencies; advocacy on legislation and regulation; and corporate governance matters.