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Like our clients, we welcome innovation in healthcare and the challenges it brings.

Overview

Our healthcare clients look to us for counsel as they explore new opportunities and navigate legal and operational challenges. They trust us to find solutions that are practical, effective, and efficient. This is our commitment to our clients. Our mutual rewards are long-term, loyal relationships that strengthen our clients and improve our service.

Experience + Engagement = Efficiency
We deliver exceptional legal services to leading providers of healthcare services and technology. Our depth of experience allows us to answer questions practically and quickly. We take our knowledge of the healthcare industry and focus on our client's culture, objectives, and concerns to develop feasible, actionable options. You will receive what you need when you need it. We strive to make working with Davis Wright Tremaine easy and enjoyable by prioritizing service and understanding our clients' needs.

Integrated Expertise
Our lawyers are organized in teams designed to address client needs efficiently. Groups like our healthcare M&A team and our healthcare litigation and investigations practice include lawyers dedicated to a team approach. These teams anticipate and deliver what is needed, reducing the client's burden and ensuring the right issues are addressed by lawyers with the right expertise. Our teams are both experienced in healthcare and knowledgeable in relevant areas of law, including healthcare compliance, technology, M&A, tax, tax exemption, labor and employment, antitrust, litigation, real estate, and finance.

Our Services

Antitrust

Our antitrust team has the experience and industry expertise to advise healthcare clients on any antitrust issue. We counsel, litigate, and represent clients before government antitrust authorities. We pride ourselves on tackling complex antitrust issues by finding creative and practical solutions to fulfill client's business objectives. Our team has extensive healthcare industry knowledge, and we offer clients a deep bench of industry experts. We routinely advise on mergers, acquisitions, joint ventures, competitor collaborations, medical staff privileges, provider networks, and contracting practices with payors, vendors, physicians, and staff.

Digital Health & Health Technology

DWT's clients are on the cutting edge of digital health and healthcare technology, and we are proud to counsel them through the rapidly evolving landscape of legal and regulatory issues that they face daily. The attorneys on the telemedicine, health information technology, and digital health teams work extensively with healthcare technology companies, hospitals, practice groups, and others on matters including regulatory compliance, mergers & acquisitions, acquisitions of electronic health record (EHR) systems for hospitals, software licensing and support service offerings, and private label, custom e-commerce services. Our telehealth expertise encompasses credentialing, online prescribing, privacy and security, social networking, user-generated content, website privacy policies, and terms of use.

Labor & Employment

When it comes to the delivery of innovative legal services, few firms match the collaborative success of our Employment Services and Health Law groups. Our robust team of labor and employment attorneys has handled hundreds of matters for healthcare clients, including employment litigation (single and multiple plaintiff), physician lawsuits and arbitrations, and pre-litigation demand letters. We train supervisors and employees in best practices for handling workplace harassment and discrimination; represent them in proceedings before federal and state administrative agencies; and provide counsel on a range of personnel issues, including privacy matters, employment agreements, wage and hour matters, and workplace technology. We have one of the largest traditional labor practices for healthcare on the West Coast. From defending major healthcare systems in ULP charges and labor arbitrations to negotiating collective bargaining agreements with various unions, we have a lengthy history of successful representation. Many clients rely on our attorneys to advise on overall labor strategy and provide boots-on-the-ground support whenever needed.

Fraud & Abuse

DWT's interdisciplinary healthcare compliance team has deep expertise in state and federal fraud and abuse regulations, physician self-referral laws, the full range of government and commercial healthcare benefit programs, healthcare governance, licensure, accreditation, and certificate of need. We help our clients navigate the healthcare regulatory maze and assist them in making voluntary disclosures, fulfilling reporting requirements, and responding to government investigations and audits. DWT regularly assists in the assessment of clients' compliance programs and the development of work plans and related investigations. We also have considerable experience defending False Claims Act lawsuits and responding to other government enforcement actions.

Licensing, Certification, Accreditation, Operations

DWT's healthcare regulatory attorneys have extensive experience helping providers and suppliers meet their business objectives through the provision of practical, real-world advice and solutions. We routinely help clients navigate the licensing, certification, program participation, and accreditation implications of the transactions, reorganizations, and other business opportunities they explore. Our attorneys help clients address and respond to licensure and certification complaints, surveys, and adverse events and support them in their efforts to develop plans of correction and implement process improvements. Our knowledge of Medicare and Medicaid reimbursement systems, including the enrollment, certification, and accreditation processes used by government reimbursement programs, also enables us to advise clients on the reimbursement implications of a variety of transactions and operational changes. We also regularly advise clients on compliance with the federal Emergency Medical Treatment and Active Labor Act (EMTALA), including by drafting and updating required EMTALA policies, procedures, and forms; educating practitioners and administrators on EMTALA's complex mandates; advising during EMTALA incidents and complaint surveys; and assisting with plans of correction and follow-up enforcement communications.

Healthcare M&A

Our approach is unique because our healthcare M&A lawyers are skilled in both M&A transactions and in health law. We provide our clients with a one-stop shop: comprehensive services to help successfully plan, negotiate, and implement healthcare affiliations, strategic alliances, joint ventures, mergers, acquisitions, and sales.

Investigations & Litigation

Our white collar investigations and government controversies lawyers work in concert with our leading healthcare practitioners to represent healthcare executives, professionals, and private and public entities in fraud investigations (internal and government-initiated) and enforcement actions related to government healthcare program billing. Our practitioners have decades of experience litigating healthcare fraud and similar controversies in federal and state courts, as well as before administrative tribunals including state licensing agencies.

Laboratory

DWT represents diagnostic laboratory clients throughout the U.S., including legacy, emerging, and start-up lab companies and health systems that own and operate diagnostic laboratories delivering clinical, molecular (generic), toxicology, and anatomical pathology testing in regional and national markets. We also represent commercial lab management firms and lab billing companies with services including compliance, fraud and abuse, and M&A.

Managed Care

DWT represents a wide range of healthcare providers in all aspects of managed care relationships between providers and healthcare payers, including commercial and government payers. Our attorneys work extensively with our clients on structuring and negotiating all different types of managed care arrangements, including fee-for-service, shared risk, full and partial capitation, and other value-based arrangements. Our attorneys also work with revenue cycle teams to develop best practices for seeking and obtaining payment from managed care payers and patients, including development of policies for best practices for provider appeals, coding compliance, charging practices, overpayments, charity care, and vendor management. When disputes arise between providers and payers, our attorneys have extensive experience litigating complex and high-volume managed care disputes. DTW managed care litigation experience includes resolving reimbursement disputes with major health plans that involve improper denials, authorization, billing and coding requirements, and medical necessity of services. This expertise includes disputes that involve ERISA plans, out-of-state payers, and leased networks. Our attorneys have collected hundreds of millions of dollars on behalf of providers and defended claims for overpayments.

Medical Staff

Our practice is a nationally recognized authority on medical staff relations, peer review, and governance. For decades, we have coordinated the internal activities of medical staffs and have mediated communications with both individual physicians and hospital leadership. We find ways to foster healthy hospital-staff relationships and implement needed changes efficiently and with comprehensive attention to legal compliance. When disputes arise, we work hard to find creative, appropriate, and compliant resolutions before peer review proceedings or litigation are required. If necessary, we are fully prepared to defend our clients in administrative hearings or litigation. Our attorneys also draft and revise medical staff bylaws, rules, and policies for compliance with legal and accreditation standards, and we are experienced in data bank and medical board reporting, physician and staff education, physician on-call requirements, and medical staff integration in multi-hospital health systems.

Reimbursement, Compliance & the No Surprises Act

The attorneys who support our reimbursement practice have familiarized themselves for decades with the operational goals of and challenges faced by large health systems, academic medical practices, behavioral health organizations, and other healthcare providers. We help our clients interpret and understand statutes, regulations, and other policies governing reimbursement under Medicare, Medicaid, military payment programs, and local government payment programs, allowing them to maximize payment opportunities and avoid problems that may arise from non-compliance with reimbursement rules. Our Medicare appeals experience extends to cost report payment disputes, coverage disputes, provider status disputes, and civil money penalty disputes from administrative-level appeals through to judicial review, both at the trial court and appellate levels. We represent clients in commercial third-party payor arrangements, assisting in contract negotiations, resolving disputes, and advising on compliance and accreditation programs. We are also well versed on the No Surprises Act and have counseled many clients on the new and evolving obligations arising under the act.

Privacy & Security

DWT's nationally recognized health information privacy and security team has helped clients optimize their use of health information while guarding against breaches and legal risks. We are authorities on the ever-changing state and federal regulations surrounding the use, exchange, and protection of health information, including requirements under HIPAA, and also the HITECH Act. We counsel on breach detection and response, business associate contracts, information privacy and security policies, safeguards, and best practices for managing health data.

Foundations & Nonprofits

Our Foundations & Nonprofits group works closely with our healthcare attorneys to provide coordinated, integrated advice on the issues that face today's nonprofit healthcare organizations. We advise on federal and state tax exemption, mergers and acquisitions, tax-exempt bond financings, joint ventures, for-profit/nonprofit structures, unrelated business income tax, nonprofit governance, and executive compensation. Our attorneys counsel nonprofit hospitals on Section 501(r) compliance and represent nonprofit healthcare and medical research organizations in IRS examinations and challenges to tax exemption.

Our Approach to Client Service
Healthcare partner Bob Homchick explains how DWT’s breadth of experience and deep industry insight help clients achieve goals and avoid surprises.

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Transactional

Transaction and regulatory counsel for Accelecare Wound Centers

Serving 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

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

Transaction and regulatory counsel for United Westlabs*

Represented hospital laboratory outreach services company in connection with multimillion-dollar sale of multistate business operations (2013)* and certain California operations (2016).

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 healthcare providers for University of Washington

Represented University of Washington in connection with the affiliation of Northwest Hospital with UW Medicine. (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 healthcare providers for Minor & James Medical

Represented Minor & James Medical Professional Limited Liability Company in its affiliation with Swedish Medical Center. (2009)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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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

Providing 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 healthcare providers

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

Transaction 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 and regulatory 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)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Medical Staff

Credentialing for multiple healthcare providers

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

Peer review and disciplinary matters for multiple healthcare 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)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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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)

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)

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)
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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 (Wash. Bd. of Tax App. 2007)
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Health Information Technology

Health information technology procurement for multiple healthcare 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

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

Representation of medical device company

Representing 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 healthcare 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 healthcare organizations. (Ongoing)

Healthcare 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 healthcare 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 healthcare trade association

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

Major institution master plan for Seattle Children's Hospital

City approvals and successful defense of challenges contesting master planned development of 1.2 million square feet of pediatric hospital and outpatient medical services in Laurelhurst neighborhood of Seattle. (2010)
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Finance

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.
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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 healthcare system. (2010)
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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)
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Hope R. Levy-Biehl
Partner
Co-Chair, Healthcare Law Practice
Los Angeles Culver City
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310.425.1000
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Co-Chair, Healthcare Law Practice
Seattle
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Allen, Darby
Darby Allen
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Co-chair, Women Attorneys Affinity Group
Seattle
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Attorney
Los Angeles
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San Francisco
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Partner
Seattle
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San Francisco
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Mark N. Bartlett
Partner
Chair, White Collar, Investigations & Government Controversies Group
Seattle
206.757.8298
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Anna R. Buono
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PortlandLos Angeles
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Andrea Carino
Paralegal
Seattle
206.757.8437
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Christina Y. Chan
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Co-chair, Corporate and Business Transactions Practice
Seattle
206.757.8293
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Apurva Dharia
Associate
Washington, D.C.
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