CAPABILITIES

Administrative Law

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Overview

At Hooper, Lundy & Bookman, we possess a wealth of experience advancing and protecting our clients’ interests before administrative agencies and bodies across the federal and state regulatory landscape that governs the health care industry. Our representation of providers and suppliers in administrative law matters focuses on outcomes that resolve the issues at hand and set productive precedents in future agency dealings.

A veritable thicket of federal and state regulatory regimes governs the health care industry, as multiple authorities administer, interpret, enforce, and adjudicate myriad health care laws. Hooper, Lundy & Bookman thrives in this administrative landscape, with our in-depth understanding of not only provider-specific regulations and issues but also the nuanced substantive and procedural approaches taken by those on the other side of the hearing room or negotiating table. 

HLB has assembled a nationwide team of administrative law attorneys capable of navigating virtually any health care issue for almost any type of health care provider before administrative agencies at the state and federal levels. We collaborate across practice areas and leverage our attorneys’ complementary backgrounds with specific agencies to develop tailored approaches to administrative agency dealings, such as regulatory approvals, compliance investigations, hearings, enforcement actions, and claims for additional payment. 

HLB’s interactions with regulators are informed and frequently led by attorneys who formerly held positions in the U.S. Department of Justice, the Centers for Medicare & Medicaid Services, the California Attorney General’s Office, and state Medicaid agencies. We have fostered productive working relationships with administrative authorities across the regulatory ecosystem who know and respect our lawyers for their knowledge, advocacy, and professionalism. 

In administrative matters, we represent hospitals and hospital systems, physicians and physician groups, long-term care providers, skilled nursing facilities, hospices, behavioral health providers, clinically integrated networks, suppliers, pharmacies, academic medical centers, drug and medical device companies, and health care technology companies, among other industry players.

HLB’s administrative law capabilities extend to every matter that may arise in regulatory interactions and proceedings, including: 

  • Accreditation
  • Antitrust
  • Anti-kickback counseling and defense
  • Corporate compliance and governance
  • Corporate practice of medicine
  • Criminal and civil investigations and prosecutions
  • False Claims Act defense
  • FTC Regulations and Red Flag Rules
  • Federal and state fraud and abuse allegations
  • Hospital operations
  • Internal investigations and audits
  • Licensing
  • Medical staff
  • Medicare and Medicaid coverage and reimbursement
  • Non-profit and tax-exempt entity compliance
  • Physician dispensing of drugs
  • Pharmacy regulation
  • Privacy and security (HIPAA, CA privacy and security law, CAN-SPAM Act, COPPA)
  • RAC appeals
  • Risk contracting, business of insurance, and IPA/ACO/MCO license issues
  • Sarbanes-Oxley
  • Scope of practice
  • Securities law, state and federal
  • Self-reporting strategies
  • Stark and PORA compliance
  • Voluntary disclosures to governmental agencies
  • Workplace discrimination