Healthcare

Sherman & Howard has a strong group of healthcare attorneys with breadth of experience counseling, strategizing, and advocating for healthcare providers and related entities. Our attorneys have been working with healthcare clients for decades on state and federal regulatory, compliance, payor, reimbursement, licensure, disciplinary, general business, litigation, employee benefits, tax, employment, intellectual property and immigration issues.

Healthcare Services

+Regulatory and Transactional

Sherman & Howard’s attorneys assist and advise healthcare providers and related entities in creating, revising or restructuring their business and delivery care models to maximize efficiencies and focus on patient care while complying with state and federal laws.

  • Advise on compliance with state and federal regulations and assist in required disclosures of non-compliance to governmental entities, such as when HIPAA violations occur
  • Structure joint venture agreements and integrated care organizations, e.g., ACOs to comply with current healthcare regulatory and anti-trust laws
  • Draft agreements with payors, billing companies, telehealth application companies, and other vendors
  • Collaborate with healthcare providers in creating robust compliance and risk management programs
  • Guide providers through professional and entity licensure issues
  • Counsel on compliant marketing and advertising campaigns
+General Business

Sherman & Howard’s attorneys counsel healthcare providers on business issues such as choice of entity when creating a new company, corporate governance, and general contracting that promotes the success of healthcare entities while limiting potential liabilities.

  • Guide providers through practice mergers, joint-ventures, sales, and acquisitions
  • Advise on choice of entity and assist in creation of new businesses
  • Preparation and maintenance of entity governance documents
  • Negotiate partnership agreements, independent contractor, employment agreements, stock purchase and redemption agreements, as well as space and equipment leases
  • Assist in creating policies and procedures that govern the proper role for board of directors and managers in corporations and limited liability companies
  • Counsel board of directors and managers on shareholder and member proposals, as well as fiduciary duties
+Litigation

Sherman & Howard’s attorneys work with healthcare providers on creative and practical approaches and solutions to administrative and litigation issues.

  • Defend providers before state boards on licensure and disciplinary matters
  • Represent entities on licensure and reimbursement issues before government agencies
  • Litigate medical practice and other business and contractual disputes, including those regarding covenants not to compete, in courts, administrative actions, and arbitration
  • Advise and assist clients undergoing investigation by government agencies to limit, assess, or avoid risk
  • Litigate Title VII, the ADA, the ADEA, and the FMLA claims in state and federal courts
  • Represent healthcare providers in state and federal enforcement and criminal proceedings, including Anti-Kickback Statute and Stark enforcement actions
+Employee Benefits and Tax

Sherman & Howard’s attorneys advise healthcare entities and providers on the structure and administration of employee benefits plans. Our attorneys also counsel providers on understanding the nuances of the tax implications for creating new entities, structuring joint ventures, and mergers and acquisitions, as well as crafting trusts and estates for healthcare providers who own interests in various types of healthcare entities.

  • Assist healthcare providers to structure and administer defined benefit and defined contribution plans, cash balance plans, nonqualified deferred compensation plans, and severance plans
  • Assist healthcare providers in offering welfare benefit plans and navigating the requirements of federal law, including the Affordable Care Act and HIPAA
  • Counsel providers on compliance with the Employee Retirement Income Security Act of 1974 and applicable sections of the Internal Revenue Code
  • Represent sponsors of employee benefit plans in Department of Labor and Internal Revenue Service audits and enforcement actions
  • Advise healthcare providers on entity and personal tax issues arising from structuring entity formation, acquisitions, spinoffs, and joint ventures
  • Guide healthcare providers through non-profit law issues
  • Craft tax and estate planning strategies, including family gifting and business succession planning, for business owners and professionals
  • Handle tax controversies
+Employment Law

Sherman & Howard’s attorneys counsel healthcare entities on the unique employment issues that may arise between healthcare providers and employers as the healthcare industry continues to transform through provider integration and changing reimbursement methodologies, resulting in an increase in physician employment by health systems and other entities.

  • Draft employment policies and procedures
  • Advise on wage and hour issues
  • Draft HIPAA compliant social media and privacy policies
  • Counsel providers on how to minimize workplace conflicts
+Intellectual Property

Sherman & Howard’s intellectual property attorneys assist healthcare providers on copyright, trademark and information technology matters.

  • Counsel and assist clients in identifying and maintaining their intellectual property and proprietary assets
  • Advise on, negotiate and prepare agreements with software providers, electronic health record providers, cloud hosting firms, website and database hosts, and other information technology vendors
  • Advise on, negotiate and document intellectual property and technology transfer and licensing transactions
  • Prepare website terms of use, and privacy and other policies
  • For copyrighted works apply to register works with the U.S. Copyright Office, and for trademarks and branding apply to register marks with the U.S. Patent & Trademark Office
+Immigration

Sherman & Howard’s attorneys represent international and domestic business clients who seek to obtain U.S. work authorization from the U.S. Citizenship and Immigration Services or the U.S. Department of State for key personnel with citizenship in other countries.

  • Assist in obtaining work authorization and visas for foreign healthcare professionals

Attorneys