Pierce & Mandell, P.C.

11 Beacon Street, Suite 800
Boston, Massachusetts 02108-3002

Phone: (617) 720-2444
Fax: (617) 720-3693

Health Law

Our Health Law Practice is a firm cornerstone, and is led by senior practitioners with decades of experience in health care, non-profit and related matters. We keep up with the ever-changing laws and market forces affecting the industry and provide our clients with creative, effective, and cost-efficient service.

We assist our health law clients with the formation or discontinuation of professional and business relationships, mergers and acquisitions, regulatory compliance, third party payer investigations, audits and litigation, dispute resolution and medico-legal matters, including medical information-confidentiality, patient and surrogate decision-making, such as court proceedings for involuntary commitments and guardianship appointments, and informed consent.

Our Health Law clients include: 

  • Physicians and medical practices
  • Dental, orthodontic and periodontic practitioners and practices
  • Acute and non-acute hospitals
  • Long term care facilities
  • Home health agencies and suppliers
  • Behavioral, social service and mental health practitioners and organizations
  • Independent practice associations and other managed care contracting organizations
  • Management service organizations
  • Physical therapy practices
  • Chiropractic practices
  • Alternative medicine centers
  • Durable medical equipment companies
  • Suppliers and vendors to health care facilities
  • Professional medical societies (general and specialty)
  • Medical malpractice insurance entities
  • Medical staffs
  • Biotechnology companies

We regularly assist our health care clients in the following areas:

  • Fraud and abuse compliance, including drafting and implementation of compliance plans
  • Anti-kickback and Stark law compliance
  • Tax exempt organization compliance
  • EMTALA compliance
  • Managed care contracting
  • Network formation and anti-trust compliance
  • Physician recruitment
  • Medical and dental practice acquisitions and sales
  • Medical office purchase and leasing contracts
  • Employment agreements for physicians, dentists and other health care practitioners
  • Medical and dental partnership/shareholder buy-ins and buy-outs
  • Licensing and certification issues
  • Quality of care compliance for facilities, agencies and practices
  • Medical information-confidentiality (HIPAA and Massachusetts data security laws/regulations)
  • Patient and surrogate decision-making and informed consent
  • Medicare and Medicaid reimbursement
  • Space and equipment rental arrangements
  • Joint ventures
  • Determination of Need issues
  • Representation before state and federal health agencies and enforcement bodies
  • Peer review
  • Professional liability issues
  • Medical staff bylaws and other issues and documents related to the organized medical staff and hospital relationship
  • Serving as hearing officer or as independent legal counsel to the medical staff hearing panel in peer review disciplinary action proceedings. 
  • Technology transfer, invention and licensing agreements
  • Physician Consulting Contracts

We also represent institutional health care providers on legal issues relating to patient care matters including legal or ethical proceedings relating to informed consent, use and disclosure of health information, and the treatment of incompetent persons or patients who are minors.

Representative Projects and Transactions:

Our health care practice team has recently represented clients in connection with the following matters:

  • Acquisition of a 90 physician multi-specialty practice by a major Boston-based health system.
  • Acquisition and ultimate spin-off of a 35 physician multi-specialty practice by a publicly traded physician practice management company.
  • Review and/or negotiation of employment agreements for internists, pediatricians, emergency physicians, cardiologists, surgeons, psychiatrists, nephrologists, dentists, and physical therapists, and other specialists.
  • Compliance review for hospital-owned facilities and agencies
  • Structuring, negotiating and drafting of practice buy-ins and buy-outs for primary care physicians, ophthalmologists, dermatologists, dentists, periodontists and orthodontists, and other specialists.
  • Withdrawal of an OB/GYN from a 3 physician group and transition to a large multi-specialty practice.
  • Reorganization of a surgical group practice.
  • Negotiation of a Medicare risk contract, including capitation and risk pools for a primary care physician owned and operated independent practice association.
  • Structure and implementation of a behavioral health management service organization and related network.
  • Representation of physicians, medical staff and facilities with professional and peer review activity disputes, including managed care organization deselection, credentialing issues, professional review and disciplinary actions, and compensation issues.
  • Drafting and negotiation of hospital-based group contracts, including radiology, anesthesiology, pathology, emergency medicine and hospitalist services.
  • Design and negotiation of a radiation oncology joint venture between a non-profit hospital and a for-profit ancillary services provider.
  • Representation of health care providers with both commercial and tax exempt financing and refinancing.

Our Health Law Attorneys:

Michael C. Fee
Samuel R. Hoff
William M. Mandell
Robert R. Pierce
Hannah Schindler Spinelli