Practices

Health Care Law

health care worker

Sophisticated legal skill + Thorough knowledge of state and federal regulatory systems = Innovative, pragmatic and cost-effective solutions

Few industries are confronted with the constant change and scrutiny that the health care industry faces daily. To be successful in achieving your key health care initiatives, count us among your most valued assets. Downs Rachlin Martin lawyers bring a can-do attitude along with innovative, pragmatic ideas that can help you thrive.

Downs Rachlin Martin’s health care clients dedicate themselves to providing high-quality health care in emergency rooms, general hospitals, specialty hospitals, outpatient settings, long-term care facilities, and in patients’ own homes. We share their passion and apply enterprising legal strategies to serve their goals.

We combine sophisticated legal skills with a thorough knowledge of the state and federal regulatory systems to develop innovative, pragmatic and cost-effective solutions to the legal challenges our health care clients face. We leverage our Lex Mundi connections to advise clients of the risks and opportunities inherent in multi-jurisdictional practice, and to provide in-depth experience in specialized health law fields.

Legal ingenuity in support of your services.

So you can focus on what matters most, we provide client-centered, responsive advice in all of the following areas:

Compliance, Fraud and Abuse and False Claims. We work with clients to draft compliance plans, implement compliance programs, conduct internal investigations and respond to investigations by regulators. We help hospitals, health systems, nursing homes, and other clients navigate the laws and regulations that surround Medicare, Medicaid and other governmental health care programs.

Protected Health Information. We help clients manage their patients’ protected health information by drafting and implementing procedures and policies that comply with state and federal laws including the Health Insurance Portability and Accountability Act (HIPAA) and Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part 2).

Medical Staff. We advise hospitals and medical staff with respect to bylaws, credentialing, peer review activities, the Health Care Quality Improvement Act, policies and procedures and risk management.

Labor and Employment. We provide exclusive representation of management in matters related to health care employment law, employment discrimination, NLRB law, OSHA enforcement, workers’ compensation, executive compensation and other labor and employment issues. The firm’s annual Employment Law Seminar, open to DRM clients only, informs clients of new developments affecting the health care workplace.

Governmental Affairs. We monitor health law policy developments in state government year-round and actively lobby on behalf of our health care clients before the Vermont legislature and state agencies.

Corporate. We draft hospital-physician joint venture contracts, physician recruiting and employment contracts, general corporate bylaws, and medical staff bylaws and provide strategic counseling for governing boards.

Federal, State and Local Tax. We provide clients with advice on a wide range of federal and state tax issues including the development and maintenance of compensation plans for executives and physicians that achieve institution and participant goals while avoiding private inurement and excess benefit issues that could jeopardize the institution’s tax exempt status or lead to the imposition of intermediate sanctions.

Dispute Resolution. We have years of experience resolving the range of issues confronting health care providers today, including labor arbitrations, Informal Independent Dispute Resolutions, pre-suit mediations, litigating qui tam actions, medical malpractice defense actions, employment law disputes, contract disputes with vendors and billing issues.

Real Estate. We guide health care providers through the maze of regulatory law and permitting.

Staying ahead of the curve.

Downs Rachlin Martin’s health care lawyers stay ahead of the latest national trends in health law through their work with the American Health Lawyers Association and the Health Law Section of the American Bar Association. Our attorneys actively participate in the Vermont Bar Association Health Law Committee and the New Hampshire Bar Association Health Law Section. They regularly present to the Vermont Association of Hospitals and Health Systems and the Vermont Health Care Association.

Teaming to achieve success.

Downs Rachlin Martin is a full-service, regional law firm. As clients’ needs expand into other areas of law, the firm’s wide range of focused knowledge, experience and commitment to vigorous collaboration across practice areas provide seamless, cost-effective legal representation.

Recent Accomplishments

Downs Rachlin Martin’s Health Care Law group has helped a wide range of clients in the health care industry accomplish their caregiving goals. Recent accomplishments include:

  • Provided detailed advice to client negotiating contract with the state of Vermont for the replacement of acute psychiatric beds after Tropical Storm Irene.
  • Assisted client in analyzing Certificate of Need jurisdiction for new operating suite.
  • Provided nuanced advice regarding hospital budget presentations before the Green Mountain Care Board.
  • Successfully negotiated contract termination between a physician and a hospital.
  • Provided advice regarding transition of an outpatient practice to hospital-based billing as part of a practice acquisition.
  • Successfully opposed the substantiation an allegation of adult abuse against a key employee.

Craig Miskovich

Chair

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William T. Clark

Associate

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Shannon Lenzini

Associate

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Elizabeth R. Wohl

Of Counsel

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Heather L. Rylant

Paralegal

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Health Care

2020 Mid-Year Vermont Health Care Update

The Vermont legislature recessed on June 26, 2020. The DRM Health Law team analyzes the key pieces of legislation from January to June. 
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Vermont Health Care Update 06-26-2020

This week, DRM's health law team analyzes the mental health integration council, Brattleboro Retreat's increased oversight, grant funding for front line workers, and more. 
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Vermont Health Care Update 06-19-2020

This week, the DRM Health Law team analyzes Act 91 extensions,CRF spending plan, pharmacist prescribing power and more.
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Governor Scott announces the easing of restrictions for visitation in hospitals and long-term care facilities

On June 17, 2020, Governor Phil Scott announced measures to gradually ease the restrictions to visitation in long-term care facilities, as well as in hospitals and the restarting of Senior Centers in Vermont.
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