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Health Care

Transactional

Corporate development for Valley Hospital Association

Corporate representation of Valley Hospital Association, co-owner of Mat-Su Valley Medical Center, including a 2008 syndication to allow partial physician ownership of the hospital and the spin-off of two corporate entities to comply with the requirements of the Stark Law. (Ongoing)

Transaction and regulatory counsel for Accelecare Wound Centers

Serve as healthcare transaction and regulatory counsel to client in connection with its provision of services to hospital based wound centers and the development of its physician practice management division. (Ongoing)

Transaction and regulatory counsel for Hawaii Pacific Health

Represent client in healthcare transactions and regulatory compliance matters, including physician recruitment. (Ongoing)

Legal counsel for web-based patient care delivery program

Assisted Carena Inc. in developing CareSimple, a "virtual clinic" that offers patients lower-cost medical care via webcam or phone in California and Washington by overseeing all legal aspects of the project, including health care licensing, state-specific laws regarding corporate practice of medicine, telemedicine restrictions, and insurance regulations. (2013)

Transaction and regulatory counsel for United Westlabs*

Represented hospital laboratory outreach services company in connection with multi-million dollar sale of multi-state business operations. (2013)

Acquisition for Valley Medical Center

Represented hospital in the acquisition of a multispecialty medical group’s medical oncology service line. (2011)

Acquisition of imaging centers for Providence Health System

Represented Providence Health System affiliates in acquisition of three imaging centers located in Alaska. (2011)

Cancer center joint venture for Evergreen Healthcare

Represented public hospital district in formation of a cancer center with Seattle Cancer Care Alliance and Cascade Cancer Centers of Washington. (2011)

Joint venture for Hutchinson Clinic

Represented client in a dialysis center joint venture with Promise Regional Medical Center and DaVita Inc. (2011) 

Affiliation of health care providers for University of Washington

Represented University of Washington in connection with the affiliation of Northwest Hospital with UW Medicine. (2010)

Hospital affiliation

Represented PeaceHealth in its affiliation with Southwest Washington Health System including compliance with Hart-Scott-Rodino Act requirements. (2010)

Affiliation of community hospital for Providence Health System

Represented of Providence Health System, Oregon in its affiliation of Willamette Falls Hospital, a general acute care hospital located in Oregon City, Ore. This transaction required a full public hearing before the Oregon Attorney General. (2009)

Affiliation of health care providers for Minor & James Medical

Represented Minor & James Medical Professional Limited Liability Company in its affiliation with Swedish Medical Center. (2009)

Business transactions for Radiant Research, Inc.

Represented a national clinical research organization in research site acquisitions, contracting with investigators and institutions, and in regulatory and compliance matters. (2009)

Sale of business for Confirma

Represented Confirma in its $22 million merger with Merge Healthcare Inc. Confirma is the creator of Cadstream, a medical device software system that automates the processing of breast magnetic resonance imaging studies. (2009)

Acquisition of regional medical center for Providence Health System

Represented Providence Health System, Southern California in its acquisition of Tarzana Regional Medical Center, a general acute care hospital located in Tarzana, Calif., from affiliates of Tenet Healthcare. This transaction was unusual in that the real estate was acquired from a ground lessor (which ground leased the hospital property to Tenet) and the hospital business from Tenet. (2008)

Government contracts for Qualis Health

Representation of successful bidder for MMIS technical assistance contract in State of Alaska, Office of Administrative Hearings appeal proceeding. Protest withdrawn when stay request denied. (2007)

Regulatory/Compliance

Compliance and general counseling for toxicology laboratory providers

Assisting numerous national and regional toxicology and drug testing laboratory companies in the development and roll-out of comprehensive corporate compliance programs and policies. (Ongoing)

Compliance and regulatory counsel for East Hawaii Region of Hawaii Health Systems Corporation

Provide client with contracting and regulatory compliance advice. (Ongoing)

Compliance counseling for clinical and molecular laboratory providers

Assisting numerous national and regional clinical and start up molecular laboratory companies in the development and roll-out of comprehensive corporate compliance programs and policies. (Ongoing)

Compliance counseling for multiple health care providers

Reviewing and revising medical staff bylaws, rules, regulations, and policies to bring them into compliance with legal and accreditation standards. (Ongoing)

Physician group acquisition investigation

Represented large regional medical center in an investigation conducted by the FTC and the Nevada State Attorney General in the acquisition of a physicians group. Investigation closed without impact on the acquisition. (2011)

Physician group acquisition investigation

Represented large health system in connection with investigation conducted by the FTC and the Washington State Attorney General in the acquisition of a physicians group. (2010)

Regulatory counsel for Signature Genomics*

Represented clinical laboratory company with regulatory compliance due diligence in connection with its $90 million-plus sale of business. (2010)

Transaction and regulatory counsel for Westcliff Medical Laboratories*

Represented clinical laboratory company with regulatory compliance due diligence in connection with its $50 million-plus sale of business. (2010)

Transaction counsel for Diamond Reference Laboratory*

Represented clinical laboratory in $15 million-plus sale of business. (2010)

Medi-Cal fraud claim

Defended durable goods provider against charges of Medi-Cal fraud by the California Attorney General. (2008)

Medical Staff

Credentialing for multiple health care providers

Advising medical staffs on issues relating to credentialing for appointment, review and new privileges. (Ongoing)

Peer review and disciplinary matters for multiple health care providers

Assisting medical staffs in addressing clinical and behavioral deficiencies of their members, including by serving as an advocate or hearing officer in peer review hearing proceedings. (Ongoing)

Aboseif v. Southern California Permanente Medical Group et al.

Lead defense counsel in an arbitration case brought by a former partner physician alleging nine causes of action related to his partnership and service as a physician. (2012)

Ellison v. Sequoia Health Services

Represented hospital board of directors in internal appellate review proceeding that led to termination of a medical staff physician for lying on his application; both the trial court and the court of appeal upheld the hospital board's decision. 183 Cal. App. 4th 1486 (2010)

Mileikowsky v. West Hills Hospital Medical Center

Represented Catholic Healthcare West and Tenet Healthcare as amici curiae in support of West Hills Hospital in California Supreme Court case involving the authority of hearing officers in medical staff peer review hearings. 45 Cal. 4th 1259 (Cal. 2009)

Connor v. Long Beach Memorial Medical Center*

Obtained dismissal of physician's wrongful peer review lawsuit, and award of attorneys' fees, by prevailing on anti-SLAPP motion. (L.A. Cnty. (Cal.) Super. Ct. 2008)

Litigation

Enki Health and Research Systems, Inc. v. County of Los Angeles, State of California, et al. and 18 related actions

Chief trial counsel representing 18 mental health providers seeking payment of claims in excess of $18 million for mental health services provided to Short-Doyle/Medi-Cal beneficiaries that were not paid due to defects in the claims processing systems of the state and county. (L.A. Cnty. (Cal.) Super. Ct. Ongoing)

Paul v. Providence Health System

Represented Providence Health System against a putative class action. Plaintiffs alleged that the theft of unencrypted backup tapes and optical discs from the car of an employee was negligent and a violation of the Oregon Unfair Trade Practices Act. Plaintiffs sought to certify the case on behalf of a class of 365,000 current and former patients whose patient information was stored on the stolen material. The court granted a motion to dismiss with prejudice and all claims were dismissed. Dismissal was affirmed by the Oregon Court of Appeals and by the Oregon Supreme Court, 273 P.3d 106. Oral arguments. (February 24, 2012)

Cell Therapeutics, Inc. v. The Lash Group, Inc.

Represented medical reimbursement consulting company in defense of contract dispute with former customer regarding advice on Medicare reimbursement. (2011)

In re Shriners Hospitals for Children

Obtained summary judgment for Shriners Hospitals for Children in certificate of need proceeding. (Wash. Dept. of Health 2011)

Siwajian v. CPLM

Defended medical group against putative class action claims regarding billing practices. Case was voluntarily dismissed by the plaintiff. (2009)

The Fulcrum Group v. Pacific Health Corporation, et al.; The Fulcrum Group v. Scripps Health

Prosecuted contract actions against Pacific Health, Scripps Health, and subsidiary hospitals. Both cases were successfully resolved prior to trial. (2008, 2009)

Witham v. Clallam County Public Hospital District No. 2

Lead counsel to public hospital district sued by oncologist who claimed the hospital monopolized the provision of oncology services by hiring its own providers. On motion to dismiss filed against the complaint, obtained dismissal of Sherman Act damage claims under Local Government Antitrust Act and of all state antitrust claims. (W.D. Wash. 2009)

East Portland Imaging Center and Body Imaging v. Providence Health System and Providence Health Plan, et al.

Represented large health system and its health plan in an antitrust case brought by two outpatient diagnostic imaging centers that were terminated from the plan in favor of two diagnostic imaging joint ventures formed by health system and community radiologists. The district court entered summary judgment for client after intense discovery. The 9th Circuit affirmed. (9th Cir. 2008)

People v. CHA Hollywood Medical Center

Defense of hospital entities charged with violation of California Business and Professions Code § 17200 by the Los Angeles city attorney arising from two alleged incidents of homeless patient 'dumping.' The representation also included defense of the civil action brought by one of the homeless patients. (L.A. Cnty. (Cal.) Super. Ct. 2008)

Woodruff v. Hawai'i Pacific Health, et al.

Obtained summary judgment for Hawai'i Pacific Health in antitrust litigation filed in state court in Honolulu by a group of pediatric oncologists who were terminated from the health system's medical group. Plaintiffs asserted claims under the state's antitrust laws and unfair trade practices act. Currently representing the health system in analogous litigation filed under the Sherman Act in federal court. Civ. No. 02-1-0090-01 (BIA) (2008)

Tax

Federal tax planning for national health provider

Providing federal tax planning for national vision service health plan. (Ongoing)

Property tax exemption, Legacy Salmon Creek Hospital

Obtained Board of Tax Appeals decision holding that hospital's outpatient imaging center was entitled to property tax exemption because of clinical integration with hospital. Decision was affirmed on appeal to superior court, leading to a rulemaking proceeding to adopt the Legacy holding in 2009. Docket Nos. 06-062 and 06-063 (Bd. of Tax  App. 2007)

Health Information Technology

Health information technology procurement for multiple health care providers

Representation of a hospital, medical practices and pathology group in the acquisition of a variety of diagnostic, practice management and communications equipment and systems. (Ongoing)

Representation of intraoperative neuromonitoring company

Representation of a provider of intraoperative neuromonitoring services in its ongoing business activities. (Ongoing)

Representation of medical device company

Representation of a medical device company focused on developing implants for spine surgery in its corporate formation, private placements of membership interests and ongoing business activities. (Ongoing)

Software license and service agreement for health care software developer

Assistance with a software developer in licensing its remote medicine system to hospitals. (Ongoing)

Trademark protection for supplier of mobile hospitals and surgical structures

Ongoing representation of supplier of mobile hospital and surgical facilities in connection with registration, use and protection of portfolio of trademarks. (Ongoing)

Trademark services for Kaiser Permanente

Responsible for worldwide trademark portfolio, including brand strategy, clearance, registration and enforcement, for Kaiser Permanente health care organizations. (Ongoing)

Health care device sales and distribution

We represented a medical device manufacturer in the licensing and distribution of products to distributors and purchasers. (2008)

Health-related information technology procurement for health care provider

Represented a hospital undertaking EMR donation project in drafting agreement for implementation and provision of the EMR system to participating medical practices on an ASP basis. (2008)

Health-related information technology procurement for health care trade association

Counseled a health care organization in procurement of EHR system to be used for statewide health information exchange. (2008)

Real Estate

Land use and zoning for Providence Regional Medical Center Everett

Defense of appeal to Central Puget Sound Growth Management Hearings Board challenging City of Everett's approval of comprehensive plan, rezone, and master plan for major expansion of hospital onto adjoining 9.6-acre property. (2011)

Real estate development for Seattle Children's Hospital

Development, permitting, and implementation of buildout, including successful challenges seeking to overturn, the long-term master plan for 1.2 million square feet of pediatric hospital and outpatient medical services. (Ongoing)

Medical project - Slocum Clinic

Build to suit lease for surgery center in Eugene, Ore. for Slocum MOB. (2007)

Real estate development for Pacific Retirement Services - Mirabella

Represented client in the development of Mirabella, a 377-unit retirement center in downtown Seattle, including the negotiation of acquisition agreements, completion of site due diligence and land use and permitting. (2007)

Finance

Medical project for Samaritan Health Services Lebanon Campus

Renewal infrastructure financing for new medical school campus for Samaritan Health System in Lebanon, Ore. (Ongoing) Read more

Securities transaction for Kaiser Permanente Ventures, LLC

Fund formation and portfolio company investments (2005-present). (Ongoing)

Structured financing for Seattle Children's Hospital

$30 million new markets tax credit financing. (2008)

Tax-exempt bonds for Seattle Children's Hospital

Issuance of tax-exempt bonds. (2008)

Transition loans made by Community Hospital of Monterey Peninsula

Structured and documented two loans given to a nonprofit hospital, and negotiated their terms with the borrower's primary creditor. (2008)

Portfolio acquisition for Emeritus Corporation

$140 million acquisition financing of 24 assisted living properties. (2007) Read more

Portfolio acquisition for Emeritus Corporation

$68 million acquisition of nine assisted living properties. (2007) Read more

Tax-exempt bonds for Virginia Mason Medical Center

Issuance of approximately $250 million of tax-exempt bonds. (2007)

Governance

Restructuring for Regional Catholic Health Care System

Restructuring of the governance, charter documents and governance policies for a newly formed regional four-hospital Catholic health care system. (2010)

Corporate and business matters for Valley Hospital, Inc.

Representation of Valley Hospital, Inc., for corporate and business matters, including a syndication to allow partial physician ownership of the hospital and the spin-off of two corporate entities to comply with the requirements of the Stark Law. (2008)

Reimbursement

Government contracts for Qualis Health

Represented incumbent contractor in protest of award of contract for Medicaid utilization review and case management services. Obtained cancellation of award to competitor and multi-year extension of existing contract. (2008)

Medicaid audits for retail pharmacies, mental health providers and physicians

Represents providers in Medicare, Medicaid and private insurance audits resulting in significant decreases in alleged overpayments, some in excess of $1 million. (Ongoing)

Pomona Valley Hospital Medical Center v. Blue Cross

Successfully represented hospital in arbitration against Blue Cross regarding unpaid services. Case settled on favorable terms. (2008)
* Denotes experience completed at a prior firm
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