- Current High-Profile Practice Areas
Buchanan is involved currently in the following high-profile issues and matters of major concern to the health care industry:
- Fraud and abuse issues brought by former employees subsequent to severance of employment relationship
- Qui tam litigation regarding Medicare fraud
- Medicare and Medicaid compliance issues, including internal investigations and dealing with government investigations
- Corporate governance and control issues relating to and arising from system mergers, hospital, nursing home and practice group acquisitions
- Governmental and media participation and involvement in the governance and management arena of a healthcare provider
- Tax assessment and tax exemption issues
- Enforcement of a previously employed physician’s covenant not to compete
- Our health care litigation experience is characterized by experience in the following areas:
- Corporate governance issues arising from and created by the entry of a hospital into a system or the creation of a system
- Corporate control issues at the board and/or member level arising from disputes over governance; whether a not-for-profit entity is a community asset and the interplay of government in the sunshine and public records restriction
- Representation of clients in employment disputes
- Contract litigation arising from mergers, acquisitions and sales of hospitals, nursing homes and professional practices relating to contract provisions concerning the underlying transaction
- Antitrust and trade regulation issues
- Defense of qui tam and other fraud and abuse claims and false claim actions brought against hospitals and other health care providers
- Defense of and prosecution of contractual claims and warranty claims and successor liability claims when our health care provider clients have been both seller and purchaser
- Representation of clients, particularly hospitals and nursing homes, before administrative bodies and courts regarding licensure, certifications, tax assessments and tax exemption issues
- Representation of clients before internal review forums on matters of peer review as well as professional licensing issues before state bodies
- Defense of health care and medical equipment suppliers in connection with product liability and warranty claims
- Representation of unionized clients in litigation, arbitration and contract negotiations
- Representation of clients in litigation regarding matters of false imprisonment, libel and slander and other common law tort claims
- Representation of clients in connection with land use planning, zoning and environmental issues pertaining to existing facilities and/or expansion of facilities
- Representation of clients in connection with construction and renovation of facilities, including review of construction and design documents to litigating in court or in an arbitration forum
- Representation of clients in litigation arising from professional employment contracts with physicians and other practice acquisition-related matters
- Members of our team litigate a broad range of commercial cases for health care companies and other industries. We have:
- Defended employees and corporate staff of nursing homes.
- Assisted nurses, administrators, aides, therapists, physicians, medical directors, corporate consultants and senior management as defendants and as fact witnesses.
- Litigated breach of contract and collections actions, complex business disputes in state and federal courts and AAA arbitration.
- Served as oversight counsel for handling of breach of contract and creditor's rights cases.
- Represented clients in vendor disputes.
- Assisted health care companies with insurance coverage disputes, drafting of arbitration agreements and privileges and credentialing matters.
- Assisted many clients in investigations by federal and state prosecutors into incidents at long term care facilities.
- Represented witnesses in cases involving criminal investigations by state and local prosecutors.
- Assisted in the defense of criminal cases against employees.
- Handled responses to subpoenas, document requests and witness interviews by prosecutors and administrative investigators.
- Secured a favorable settlement in a fraud and abuse investigation for a chain of nursing homes and persuaded the United States Office of Inspector General to close its investigation.
- Received a favorable decision for a national nursing home client from the Pennsylvania Commonwealth Court, finding that the Department of Public Welfare's 10-year policy to limit enrollment in the Medical Assistance program was an unofficial regulation and inconsistent with federal law.