In recent years, healthcare has experienced dramatic change, extraordinary competition, and increasingly complex regulation.

Our experienced attorneys help clients navigate through and respond to these challenges. By remaining on the forefront of healthcare law, we are able to provide coordinated services to meet our clients’ business, transactional, litigation, compliance and regulatory needs.

Clients We Serve

  • Hospitals
  • Individual medical providers
  • Medical groups
  • Managed care organizations (MCOs)
  • Third-party administrators (TPAs)
  • Health information exchanges (HIEs)
  • Practice managers and administrators
  • Insurance providers
  • Independent practice associations (IPAs)
  • Owners of healthcare assets
  • Imaging centers
  • Ambulatory surgery centers
  • Medical device and life science companies
  • Rehabilitation centers
  • Extended and eldercare facilities

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Healthcare Law Client Results

Compliance
  • Advise hospital’s Ethics Committee concerning consent, end-of-life, and similar requirements

  • Assisted clients in responding to government investigation of hospital and providers for alleged regulatory violations, resulting in dismissal of investigation

  • Developed hospital’s HIPAA compliance programs, policies, and forms

  • Drafted model compliance plan for Idaho hospitals through Idaho Hospital Association.

  • Guided clients through self-disclosure relating to alleged Stark violations

  • Supervised audit of hospital billing practices

Litigation
  • Secured a jury verdict in favor of a hospital client against multi-million dollar claims for breach of contract by a physician

Transactions
  • Acquisition and integration of several primary care and specialty practices into a hospital system

  • Formation of hospital cardiology program, including multi-year contracts with cardiology providers

  • Joint venture among hospitals and healthcare providers relating to the acquisition and implementation of an electronic medical records program

  • Management contracts between hospital and physician groups, and between hospital and independent management company

  • Physician and midlevel employment and services contracts for hospitals and multi-specialty groups

Administrative and Judicial Proceedings
  • Successfully defended healthcare providers against licensing actions before the state Department of Health and Welfare, Idaho Board of Medicine, and Idaho Pharmacy Board

  • Successfully defended hospital, board members, and chief of staff in federal lawsuit seeking $2,000,000 in damages relating to credentialing and corrective action; obtained summary judgment for client and an award of costs and attorneys’ fees against plaintiff

  • Successfully defended hospitals against allegations by federal agencies related to regulatory violations, including alleged violations of Medicare rules, HIPAA, and EMTALA

  • Successfully negotiated favorable resolution of payment dispute with state Medicaid program

  • Successfully represented hospital system in credentialing challenge by physician

  • Successfully assisted a local hospital and its medical director concerning a physician's challenge to hospital quality review procedures. 

  • We represent professional providers, healthcare facilities, healthcare service agencies, and managed care organizations in state and federal fraud and abuse actions and criminal investigations and proceedings

Governance
  • Advised board concerning appeal of corrective action against physician

  • Conducted training for hospital boards concerning roles, responsibilities and fiduciary duties

  • Drafted model board bylaws for Idaho public hospitals

  • Drafted model medical staff and governing board bylaws for the industry associations.

Payment & Finance
  • Represented physicians in the "fair hearing process" conducted under medical staff bylaws

  • Represented hospitals in payment and claim disputes with payors

  • Assisting in the collection of healthcare receivables

  • Advised medical providers regarding healthcare payment issues, including Medicare and Medicaid payments

  • Represent managed care organizations regarding payment issues with providers

  • Represent clients in matters concerning Disproportionate Share Hospital (DSH) payments

  • Advised clients regarding the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

Health Insurers/Captive Insurance
  • Merger and acquisition of managed care organizations in accordance with state insurance laws and model regulations of the National Association of Insurance Commissioners (NAIC)

  • Conversion of insurers from nonprofit to for-profit entities

  • Bulk reinsurance of insurers

  • Sale of provider networks

  • Demutualization of insurers

  • For approximately 100 captives, including pure captives formed by hospitals and medical malpractice insurance captives formed by physicians

Healthcare Law Publications

Healthcare Law Speaking Engagements and Events

Best Lawyers®: HealthCare Law Since 2010

Kim Stanger: Health Care Law, Boise, 2010-present
Mary Ellen Scanlan: Health Care Law, Denver, 2013-present

Healthcare Lawyer in Chambers USA

Our attorneys who practice in the Healthcare Industry are consistently recognized by Chambers USA in their related practices: Blaine Benard - Litigation: General Commercial, Utah (2005-2017)

BTI's Law Firms with the Best Collaboration

One of nine firms nationwide named in 2017 by leading legal decision makers for “standout collaboration”

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