HDJN The health law solution.

Areas of Practice

Corporate

Health Law

Our Health Law attorneys have wide-ranging experience representing a variety of healthcare providers, including hospitals, nursing homes, mental health and substance abuse facilities, hospices, home health agencies, durable medical equipment companies, ambulatory surgery centers, cancer treatment centers, rural health clinics, and physician practices. The activities of the firm’s Corporate/Health Law group reflect the most current developments and trends in the healthcare industry. Attorneys practicing in this area provide day-to-day advice on numerous transactional and regulatory issues required for the smooth operation of healthcare business and also offer counsel regarding larger, more complex projects.

Representative practice areas include, but are not limited to, the following:

• Healthcare Compliance

• Mergers and Acquisitions

• Health System-Based Physician Practices

• Healthcare Finance

• Integrated Delivery Systems

• Joint Ventures

• Tax-exempt Status Issues

• Medical Staff Issues

• Risk Management Issues

• EMTALA Compliance

• Fraud and Abuse

• Medicare and Medicaid Reimbursement

• HIPAA Compliance

• Physician Contracting

• Managed Care Issues


Examples of some of these projects include:

• Assistance with the development of a joint venture ambulatory surgery center for a hospital system, including corporate organization, licensing, certification, and development of management agreements and structure.

• Assistance with the development and implementation of a comprehensive corporate compliance program for a nursing home company owning three Virginia facilities.

• Assistance with the development of a physician recruitment policy for a rural hospital, as well as drafting and negotiation of recruitment agreements.

• Assistance in responding to a Department of Health investigation of a hospital, including the development and implementation of appropriate plans of correction.

• Assistance with a hospital’s internal compliance investigation regarding billing matters and preparation of an appropriate response to a government contractor for a Medicare program regarding the outcome.

• Assessment of a hospital system’s compliance program, including recommendations and support.

• Provision of training and education to a hospital’s governing board regarding governance issues and the sufficiency of its present governance structure.

• HIPAA compliance preparedness and ongoing advice and support regarding medical records confidentiality issues for a hospital system.

• Assistance in preparing a hospital’s response and plan of correction for JCAHO-identified deficiencies.

Corporate Safety and Security

The demand for legal counsel relating to corporate security and safety law has prompted the firm to develop expertise in this unique area in conjunction with its risk management practice. In the current legal environment, businesses must take a more proactive approach to safety and security matters. Our attorneys routinely provide legal advice and strategy development assistance pertaining to internal investigations, theft, employee privacy, workplace safety, security of medications, employee screening, and related issues.


Examples of our recent engagements involving corporate security and safety matters include:

• Completion of a corporate fatality investigation and policy review involving a workplace shooting at one of the largest employers in the U.S. Our attorneys completed an internal investigation to evaluate the corporate security program, developed a workplace violence threat response process, and analyzed company-wide policies and procedures to develop best practices for the purpose of establishing uniformity.

• Investigation of a pharmaceutical diversion and regulatory response involving the suspected theft of a high volume of a controlled substance. During the investigation, we coordinated findings with federal and state authorities, which led to the indictment of the employee. We also assisted the client in addressing federal and state compliance issues related to securing controlled substances and the employment issues related to the investigation and termination of the suspected employee.

• Assessment of liability and assistance with trial preparation in an incident involving a multiple-fatality workplace shooting. We assisted trial counsel with evaluating standard-of-care issues and the development of defense theories. We analyzed program vulnerabilities, assisted trial counsel in locating the appropriate expert witnesses, and developed security-related questions for the deposition of the plaintiff's expert witnesses.

• Assistance with a workplace violence investigation and response project involving an independent contractor who, upon notice of termination of his services contract, arrived at the employer's facility with a weapon, threatened company officials, and then fled. Our firm was hired to investigate the incident, handle the associated legal issues, and create a threat avoidance plan for company officials.

Energy Law

Over the years, the traditional regulatory framework put in place by the Virginia State Corporation Commission ("SCC") has allowed Virginians to enjoy some of the lowest electricity rates in the nation. However, continual growth in demand coupled with the growth of public utility providers has been cause for significant changes to the state’s laws and regulations. Attorneys from our firm have helped shape the law to meet the needs of manufacturers, businesses, residential customers, and landowners in this rapidly changing market.

Our lawyers are experienced in dealing with energy matters and have represented a diverse group of clientele in administrative proceedings. Our work has been involved in the regulatory components of this area, and we have had great success in representing our clients before the SCC. Our firm has defended small business owners, manufacturers, health care providers and industrial development authorities in matters pertaining to the citing and approval and rate and service regulation of electric utilities.

During the 2007 General Assembly session, Virginia’s largest electricity provider Dominion Virginia Power promoted its own legislative proposals to re-regulate the state’s retail electricity market. This preventative measure allowed the company to avoid the potential political backlash it may have faced when rate freezes were to expire in 2010. Our attorneys worked with state legislators on behalf of business and residential customers to amend Dominion’s proposals, maintain a favorable business climate, and ensure only modest rate increases over time.

In addition, our attorneys recently represented Frederick County Industrial Development Authority before the SCC, together with eighteen businesses, to defeat an $85 million dollar fuel factor rate increase sought by Allegheny Power. If granted, the utility’s petition would have allowed the utility to break a memorandum they entered in 2000 that prohibited them from passing on the increased cost of purchasing power to rate payers. Our attorneys commanded the legal, lobbying, and public relations services needed to defeat the petition at the SCC.

Risk Management

At Hancock, Daniel, Johnson & Nagle, P.C. we recognize that clients are best served by legal assistance that helps them minimize potential risk exposure encountered in the day-to-day operations of a hospital or other business.

Our attorneys working in the risk management arena focus proactively on legal compliance and risk avoidance. This team tracks changes in federal and state law and keeps clients up to date with relevant legal information and compliance advice. Our attorneys also audit internal policies and procedures, review and revise existing policies, and recommend operational modification as risk evolves.

Despite even the best efforts, "bad things" do happen. The decision making process and actions taken in response to a crisis event can greatly influence the potential magnitude of damage to an organization. Our attorneys have worked with clients across the country in managing crisis, helping them in areas such as internal investigation, regulatory response, media relations, and related issues.