Healthcare and Transactional Practice

Quintairos, Prieto, Wood & Boyer, P.A.’s healthcare law practice focuses on the trends, initiatives and objectives set by health-related industries.  QPWB represents healthcare clients in a wide range of issues.  In addition to its healthcare transactional practice, QPWB 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 QPWB to successfully represent them with the completion of their business transactions in a timely and cost effective manner.   QPWB can serve the full spectrum of clients’ needs; from local and regional issues to matters with national and international implications.
QPWB’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

QPWB 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 / reorganization of healthcare systems
• 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

QPWB 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. QPWB attorneys routinely negotiate and draft agreements with managed care organization and other third party payors on behalf of providers.

Corporate Compliance

• QPWB 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

• QPWB 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 opened its Tallahassee office in 2003 in direct response to clients’ growing legal needs relating to government.

• QPWB 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.  QPWB represents clients before most significant federal agencies and departments.

Healthcare Compliance

• QPWB 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 myriad of compliance issues facing healthcare organizations; including HIPAA, the Stark Law, anti-kickback and False Claims Act.  QPWB 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, QPWB 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

• QPWB 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 processes is paramount.  

• QPWB 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.

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

• QPWB handles provider issues, managed government programs, and managed care regulations.
• QPWB 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 conduct analyses of state law and regulations impacting provider agreements, and renegotiation of payor agreements.  QPWB 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, workers’ compensation and auto/personal injury protection markets.

MHealth, Telemedicine and Health Information Technology
QPWB attorneys handle a range of services for healthcare delivery systems in medicine and healthcare information technology (HIT) that includes electronic health records. Practically any entity or individual participating in the healthcare system is affected.  To address this emerging area in the delivery of healthcare services, QPWB works with a multidisciplinary client team to address numerous legal issues in the development, funding or deployment of a product or service consisting of mHealth or Telemedicine or that relies on health information technology.  These products or services may consist of:

• Data Privacy and Security Requirements, HIPAA and state laws
• Telemedicine/Cybermedicine and eHealth initiatives
• Mobile medical applications
• Software solutions used for appointment scheduling, patient data management, work schedule management
• Software and cloud agreements used in cybermedicine
• Protocols and standards governing Health Information Exchange transfers
• Government and private payor reimbursement
• Intellectual property issues
• Federal Communication Commission oversight
• Risk sharing agreements
• Provider agreement for physician group practices
• Credentialing

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, QPWB 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 incentives with the goals of the healthcare organization – QPWB assists in this process.  The firm also guides organizations through the appropriate removal of physicians from practices and networks.

Reimbursement

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