Health Care

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Miller Canfield provides holistic legal and business representation to clients in health care including regulatory, transactional, finance, real estate and litigation services. 

Clients in the U.S., Canada and Poland include hospitals, physicians, group practices, professional corporations, assisted living facilities, specialty centers and medical equipment/device manufacturers. Our attorneys also represent government programs and agencies, charitable facilities and academic institutions.

Our lawyers are actively engaged in industry organizations addressing the complex changes taking place in the delivery and accountability of health care and healthcare benefits as well as with mounting compliance and capital investment in medical R&D worldwide. Many have been recognized by the American Health Lawyers Association (AHLA), Super Lawyers and Best Lawyers in America and served on institutional review boards. 

We know how to navigate within HIPAA, EMTALA, the FDA, FTC and other regulatory agencies. Clients rely on our deep experience with Stark law, anti-kickback, intermediate sanctions, payer reimbursement and more. Our criminal defense team includes several lawyers with experience in white collar crime in the health care setting.

We have extensive experience drafting and negotiating clinical trial agreements and advising clients in regulatory issues relating to human subjects research.

Miller Canfield’s corporate experience in health care spans:

  • Shareholder Agreements
  • Buy/Sell Agreements
  • Non Compete Agreements
  • Practice Group Agreements
  • Membership Agreements
  • Indemnification Agreements
  • Joint-Ventures
  • International Expansion
  • Peer Review and Credentialing
  • Locum Tenens Agreements
  • Medical Entity Credentialing
  • Medicare compliance
  • Certificates of need
  • Formation of provider networks
  • Medical records
  • Anti-trust
  • Contracts: managed care, employment and hospital/physician
  • Real estate
  • Financing including tax exempt bonds

Miller Canfield’s Healthcare team also assists providers in the drafting and implementation of employment policies,procedures and benefits; medical staff and corporate by-laws; board records; and other documents necessary for the operation of their businesses. We assist employers with their complex immigration needs for the attraction and retention of healthcare talent.

Health Care – Canada 

For more than 50 years, Miller Canfield lawyers have provided specialty services for individual health care professionals and group practices throughout Ontario. We've developed a full range of legal services specifically for the needs of health care professionals, including representation or assistance with:

  • Acquisition and sale of practices
  • Estate planning, including wills and trusts
  • Practice structures, including partnership agreements and cost-sharing agreements and buy-sell arrangements
  • Real estate and equipment acquisition and leasing
  • Regulatory matters and licensing
  • Tax-planned reorganizations, including establishing professional corporations and technical service corporations and other business entities.

Health Care – Poland

Miller Canfield provides legal advice on Polish and E.U. law regulating the sale and distribution of pharmaceutical products in Poland. In particular we prepare legal opinions on the following issues essential for anyone planning to conduct pharmaceutical activities in Poland:

  • Regulatory issues (marketing authorization and changes to such authorization, classification and data exclusivity)
  • Distribution of pharmaceutical and medical products (distribution channels, relevant authorizations)
  • Distribution schemes in comparison to relevant anti-competition regulations
  • Parallel imports
  • Intellectual property (license agreements, trademarks)
  • Comparison of Polish and E.U. regulations
  • Advertising and marketing restrictions imposed on pharmaceutical products
  • Employment and labor laws