Healthcare and Transactional Practice

Panza Maurer & Maynard’s healthcare law practice focuses on the trends, initiatives and objectives set by health-related industries.  PMM represents healthcare clients in a wide range of issues.  In addition its healthcare practice, PMM is primarily recognized for its prominence in handling healthcare litigation-related matters.  The firm has particular experience in negotiation and in the areas of dispute resolution, tax, medical and professional malpractice claims, employment law, immigration, real estate, legislative representation, healthcare regulatory compliance, intellectual property and internet law, fraud and abuse investigations, product liability defense and general litigation.  The firm provides interdisciplinary solutions drawing upon the experience of lawyers in other key practice groups, allowing for collaboration to address both simple and complex legal issues across all sectors of the health continuum.  Healthcare systems, hospitals, physician groups and other healthcare providers rely on PMM to successfully represent them with the completion of their business transactions in a timely and cost effective manner.  PMM can serve the full spectrum of clients’ needs; from local and regional issues, to matters with national and international implications.

PMM’s healthcare practice group is widely known for strengths in:

• Administrative and regulatory compliance
• Business transactions and corporate law
• General tort and commercial litigation
• Medical malpractice defense, professional liability and products liability

Our lawyers handle a broad spectrum of healthcare transactional matters encompassing:

• Acquisitions and dispositions
• Hospital mergers and acquisitions
• Acquisitions of physician practices by hospitals
• Joint ventures and partnerships
• Employment agreements
• Formation of integrated delivery systems
• Formation of hospital-owned physician group practices
• Managed care contracting
• Contracting for ancillary services

• Sales and transfer of assets
• Products and distribution issues
• Tax/non-profit
• Financing, refinancing and restructurings
• Healthcare regulatory compliance
• Medical staffing
• Physician recruitment
• Medicare fraud and abuse
• Information systems security
• Medical technology acquisition

PMM’s lawyers have extensive experience and successfully represent a diverse client base engaged in health care businesses, including:

• Hospitals, specialty hospitals, integrated hospitals, multi-hospital systems
• Medical practices
• Physician practices and physician networks
• Healthcare facilities (long-term care centers and nursing homes)
• Part B clinics
• Pharmacies
• Durable medical equipment companies
• Health insurance companies

• Health maintenance organizations (HMOs)
• Other managed-care providers
• Home health agencies
• Outpatient rehabilitation facilities
• Comprehensive rehabilitation facilities
• Preferred provider organizations
• Trade organizations
• Imaging centers
• Diagnostic testing facilities
• Ancillary service providers

Legal Experience – Industry Knowledge

Contracting

The firm’s contracting experience is extensive and includes negotiating and drafting vendor and professional services contracts and leases for products and services in the healthcare industry.  PMM attorneys routinely negotiate and draft agreements with managed care organizations and other third party payors on behalf of providers.

Corporate Compliance

PMM is well positioned to provide compliance program guidance to healthcare providers, suppliers and to other healthcare related entities.

Financial Restructurings

Members of the firm’s financial restructuring group have broad experience in assisting in bankruptcies and workouts of healthcare industry clients.  These representations often involve regulatory and reimbursement issues which are unique to the healthcare industry.

Fraud and Abuse

PMM aggressively defends its clients’ interests.  We advise on federal and state anti-kickback laws, physician self-referral restrictions, Stark Law’s prohibitions and exceptions, the False Claims Act, and other civil, administrative and criminal laws.

Government Relations

The firm has an office in Tallahassee to directly respond to clients’ growing legal needs related to government.  PMM clients are well served in matters before the Florida Legislature.  Our registered lobbyists guide and advance clients’ legislative interests through proper channels and monitor legislative priorities, allowing for efficient and effective representation.  The firm possesses the capabilities to provide counsel to companies and individuals on state and local government matters in the areas of healthcare, transportation and insurance.  PMM represents clients before most significant federal agencies and departments.

Healthcare Compliance

PMM counsels clients on health information issues and privacy issues under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as well as other federal and state privacy laws.

The firm advises clients on a myriad of compliance issues facing healthcare organizations, including:  HIPAA, the Stark Law, anti-kickback and False Claims Act.  PMM assists in the development of compliance programs tailored to the size and complexity of the organization; in setting up the internal checks and balances required to address the risks specific to the particular provider type; and with employee training programs to ensure full support of compliance programs.  Additionally, PMM lawyers represent clients in Medicare and Medicaid audits and inspections and are deeply involved in advising and representing clients in Medicare and Medicaid fraud and abuse in criminal, civil and administrative matters.

Licensure

PMM attorneys assist clients with complicated licensure issues they face with the Agency for Health Care Administration, the Center for Medicare and Medicaid Services, and other state and federal agencies.

Litigation

We understand that protecting our clients’ interests during discovery, trial, and the appellate process is paramount.

PMM lawyers represent clients in court, before juries, in administrative proceedings, before arbitration panels, and in various appellate forums.  We seek to obtain the most favorable and cost effective results whether through trial, when necessary, or appropriate settlement.

Our trial attorneys have a proven track record representing healthcare clients, and are recognized as leaders in utilizing their trial skills.

Managed Care

PMM handles provider issues, managed government programs, and managed care regulations.

PMM lawyers have substantial experience in the development, sale, acquisition and representation of managed care organizations, and in the negotiation and review of managed care service agreements.,  The firm also handles matters of credentialing and network de-selection, and conducts analyses of state law and regulations impacting provider agreements, and renegotiation of payor agreements.  PMM represents clients who are vendors to the health insurance and managed care industries, such as preferred provider organizations, third-party administrators, and other managed care service companies working in the group health, worker’s compensation and auto/personal injury protection markets.

Medical Staffing Disputes

The firm’s background in all aspects of medical staffing issues range from interpretation of medical staff bylaws to the representation of hospitals and individual physicians in fair hearings.

Mergers & Acquisitions

Because the healthcare industry demands legal advice on a variety of issues, PMM attorneys have extensive experience in mergers and acquisitions for both private and public companies of varying sizes and structures.  The firm’s experience encompasses all aspects of business combinations, including financing and the ability to procure Florida and federal licenses necessary to operate in the healthcare industry.

Physician Compensation

A healthcare organization’s staff typically is responsible for developing and interpreting the physician protocols and compensation structures that align the compensation incentices with the goals of the healthcare organization – PMM assists in this process.  The firm also guides organizations through the appropriate removal of physicians from practices and networks.

Reimbursement

PMM attorneys regularly handle reimbursement and payment issues, including overpayment defense involving private payors as well as governmental payors and their related carriers.

Hospitals/Acute Care Facilities

PMM represents hospitals and healthcare institutions in a wide variety of liability cases.  Our clients include for-profit and not-for-profit hospitals, nursing homes, adult living facilities, psychiatric hospitals, home health agencies, laboratories, insurers, medical providers, and directors and officers.

Our attorneys provide representation on legislative matters involving personal injury defense, regulatory, and administrative matters and are skilled in medical investigation, research, and application.  Our medical staff includes registered nurses, nurse paralegals, physical therapists, and X-ray technicians.  We know the business of healthcare as it relates to legal matters.

Our experience in-house medical personnel and resources uniquely position the firm to understand healthcare facilities and the problems they face.

PMM attorneys routinely handle cases involving:

• Nursing Home Administrative Law and Health Care Regulation
• Directors and Officers
• Emergency Medical Services
• Health Care Legislation
• Healthcare Institution Defense
• Medical Malpractice Defense
• Hospital Liability Defense
• Insurance Providers
• Nursing Homes, Assisted Living Facilities and Long-Term Care Facilities

Nursing Homes

PMM was founded as a nursing home defense firm.  We offer a full array of services for skilled nursing facilities, independently-owned facilities, sub-acute care facilities and long-term care facilities.  Our strength lies in our experience and commitment to this area of practice.

PMM’s founding partners include the following well-known and experience litigators:  Thomas Panza, Susan Maurer, and Zollie Maynard.  We have the reputation for representing clients aggressively, whether by settlement or through effective and tenacious trial representation.  Over the years, PMM attorneys have handled hundreds of negligence and wrongful death suits.

PMM attorneys routinely litigate and try nursing home cases involving:

• Alleged misdiagnosis and treatment of decubitus ulcers, weight loss, malnutrition, dehydration, dementia, confusion and fractures.
• Alleged assertions of improper use of restraints, inadequate supervision, intentional misconduct, and sexual abuse.
• Alleged elderly abuse, neglect, exploitation and mistreatment.

Assisted Living Facilities

PMM offers a full array of services of assisted living facilities.  We are committed to elder law and long term care facilities and recognize that assisted living facilities and nursing homes are not the same.

As a result, we are at the forefront of the assisted living industry in areas ranging from regulatory and administrative law to privacy rights and risk management issues.  PMM’s experienced litigators have the reputation for representing clients aggressively, whether by settlement or through effective and tenacious trial representation.

PMM attorneys routinely litigate and try assisted living cases involving:

• Liability for continued admission of residents after significant change in condition
• Claims of improper methods of assistance
• Negotiated risk agreements
• Slip and falls
• Elopement