Healthcare

Whiteford's Healthcare Law group advises healthcare entities (including managed care companies, hospitals, medical groups, e-health companies, insurance companies, pharmacy benefit managers, vision centers, practice management companies, ambulatory centers and other facilities) with respect to legal issues specific to the healthcare industry. Our Healthcare Law Group draws upon the diverse talents of attorneys firm-wide with experience in virtually every aspect of legal practice.

The Healthcare Law Group provides counsel on all aspects of health law ranging from fraud and abuse and corporate practice of medicine to government regulation and privacy. We counsel clients on HIPAA compliance as well as federal and state laws regulating managed care, Medicare and Medicaid. The Group also counsels and represents clients on matters related to compliance with anti-kickback statutes, self-referral legislation (the "Stark Law") and defending against False Claims Act actions. Our attorneys advise healthcare clients with respect to antitrust issues inherent in such matters as preferred provider organizations, joint venture arrangements and mergers and acquisitions.

In addition, the Healthcare Law Group provides guidance to insurance carriers and employers on health benefit plans. Our healthcare attorneys work closely with our Employee Benefits practice group to assist in the design of managed care mechanisms for employers and negotiations with direct contracting providers. Attorneys in the Healthcare Law Group routinely advise with respect to the laws relating to tax-exempt organizations and represent both tax-exempt organizations and for profit healthcare business in all types of business transactions, including, without limitation, joint ventures, mergers, corporate reorganizations, sales of business assets, stock or membership interests and numerous other types of transactions relating to or arising from the integrated delivery systems used to deliver healthcare services to the public.

Healthcare Litigation
Our Healthcare Litigation attorneys provide a wide array of litigation and consultative services to hospitals, pharmacy networks, physicians, dentists, HMOs, physician practice groups, nurses, mental health counselors, and nursing homes. These attorneys have defended practitioners, hospitals and healthcare groups in lawsuits before the Maryland Health Claims Arbitration Office and the federal and state trial courts throughout Maryland and the District of Columbia. The cases we are able to handle involve all healthcare specialties, including obstetrics and gynecology, neurosurgery, pediatrics, cardiothoracic surgery, transplant surgery, psychiatry, ophthalmology, oncology, radiology, urology, pathology, oral surgery, periodontics, prosthodontics, nursing, geriatric care, and physical therapy.

In addition, we provide risk management counseling services to clients. These services include lectures, mock trials, and other presentations to insurance carriers and individual insureds as well as to hospital risk managers and departments and hospital medical staffs.

Our attorneys also represent physicians, nurses, and other healthcare professionals in credentialing disputes and investigations and disciplinary actions before specialty boards. Our attorneys often are asked to assist physician groups and hospitals in formulating policies regarding retention and disclosure of medical records and other office practices that affect the potential risk/liability of the provider.

  • Best Law Firms
  • Chambers and Partners Designation

New CMS Guidance on Use of Algorithms and AI in Prior Authorizations and Utilization Management

Use of algorithms and artificial intelligence (AI) in prior authorization and utilization management is facing growing criticism and litigation. Notable lawsuits include alleged automatic authorization denials for tests that don’t match plan-determined diagnosis or that denied payment for post-acute care that exceed AI-predicted lengths of stays. The criticism has been that these decisions are not based on proper criteria or made in compliance with regulations.

Combating Healthcare Workplace Violence

Violence against healthcare workers has been a steadily growing concern. The industry is working towards addressing these dangers. 
 

Client Alert: The Sixth Circuit Deepens the Split on False Claims Act Actions Based on the Anti-Kickback Statute

In its recent ruling in U.S. v. Hathaway, the Sixth Circuit Court of Appeals provided additional authority that will be welcome to parties defending False Claims Act (“FCA”) matters based on the Anti-Kickback Statute (“AKS”). 

The Court addressed two key points. First, it held that a violation of the AKS must be based on the payment of money or actual transfer of something of value. Second, it held that to prove a violation of the FCA, a relator must demonstrate but-for causation. In doing so, the Sixth Circuit has added another defendant-friendly ruling to the existing, and perhaps growing, circuit split. 

2003 Maryland Legislative Update: Part 1

Each year the Maryland Legislature enacts a number of laws which impact, in varying degrees, on the personal and business lives of people living in or doing business in the State of Maryland. The General Assembly adjourned on April 7, 2003, and the Session actively concluded when the Governor enacted legislation into State law during four separate signing ceremonies on April 8, April 22, May 13 and May 22, 2003.

2003 Health Care Legislative Update - Part 1: Highlights of the 2003 Legislative Session

The General Assembly adjourned on April 7, 2003 and the Session actively concluded when the Governor enacted legislation into State law during four separate signing ceremonies on April 8, April 22, May 13 and May 22. This year, as has been the case for the past several years, the Maryland Legislature was particularly active in the health care arena. The Legislature passed, and the Governor signed, a substantial number of important health care laws.

2003 Health Care Legislative Update - Part 2: Highlights of the 2003 Legislative Session

Health Occupations – Maryland Optometry Act – Replacement Contact Lenses – Clarifications and Modifications (SB 387) (10/01/03) - Prohibits a person from knowingly selling or dispensing contact lenses or replacement contact lenses without a valid and unexpired prescription or replacement contact lens prescription. A person who violates any provision shall be guilty of a misdemeanor and, on conviction, subject to a fine not exceeding $1,000.

2002 Maryland Legislative Update, Part 1

Each year the Maryland Legislature enacts a number of laws which impact in various degrees on the personal and business lives of people living in or doing business in the State of Maryland. The General Assembly adjourned on April 8, 2002, and the Session actively concluded when the Governor enacted legislation into State law during four separate signing ceremonies on April 9, April 25, May 6 and May 16.

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.

Chambers Honors Whiteford in 14 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2022 list of leading firms and business lawyers. This year’s recognition includes 29 attorneys in 14 practice areas at the National and State level.

U.S. News Awards Top-Tier Rankings to Record 45 Whiteford Practices, Including 21 Nationally

Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2022.  Twenty-one of the firm’s practices are ranked at the national level, and the firm’s bankruptcy and Construction Litigation practices have been recognized with national Tier 1 rankings. At the state level, new recognitions include Admiralty & Maritime Law, Nonprofit/Charities Law, Patent Law and Privacy and Data Security Law.

75 Whiteford Attorneys Listed in Best Lawyers in America 2022, Eight Named “Ones to Watch”

A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

Chambers Honors Whiteford in 11 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2021 list of leading firms and business lawyers. This year’s recognition includes 25 attorneys in 11 practice areas in 3 states and the District of Columbia.

71 Whiteford Attorneys Listed in Best Lawyers in America 2021, Six Named “Lawyer of the Year”

A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.

Chambers Honors Whiteford in 10 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2020 list of leading firms and business lawyers. This year’s recognition includes 23 attorneys in 10 practice areas in 3 states and the District of Columbia.

U.S. News Awards Top-Tier Rankings to 42 Whiteford Practices, Including a Record 20 Nationally and 10 Newly Ranked in Richmond

Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2020.  Twenty of the firm’s practices are ranked at the national level, including two bankruptcy practices with national Tier 1 rankings.  At the state level, an additional forty-two practices have been ranked in Maryland, Washington, D.C., and VA.
 

U.S. News Awards Top-Tier Rankings to 46 Whiteford Practices, Including 18 Nationally

Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019.  Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings:  Litigation and Bankruptcy.  At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA.

Whiteford Ranks National Tier 1 in Litigation, Bankruptcy and Real Estate

Baltimore – Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2018.  Nineteen of the firm’s practices are ranked at the national level, including three practices with national Tier 1 rankings:  Litigation, Bankruptcy and Real Estate.  At the state level, an additional fifty practices have been ranked in Maryland, Washington, D.C., and VA.

Whiteford, Taylor & Preston and 29 Lawyers Honored by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2017 list of leading firms and business lawyers. This year’s recognition includes a record 29 attorneys in 4 states, the District of Columbia and Afghanistan. 

Health Care and Elder Law Attorney Sigrid C. Haines Joins Whiteford

Whiteford Taylor & Preston announced today that prominent Maryland health care attorney Sigrid C. Haines has joined the firm as a partner in its Columbia and Baltimore offices. With decades of experience in health care and elder law, Ms. Haines is experienced representing hospitals, medical and health-related foundations, health care systems, nursing homes, home health agencies, physicians and pharmacies.