Regulatory Landmines in Health Care Litigation: PHI, Kickback, and Corporate Structure Risks

What General Counsel and Business Leaders Need to Know:

Protected Health Information (PHI) in Discovery: PHI must be produced under specific protective orders and in line with both federal and state requirements. Some behavioral health documents require a court order before production, even with a protective order in place. Settlements and Kickback Risk: Settlements with a regulated health care party can raise Anti-Kickback Statute and Stark Law concerns, and a payment to a referral-source physician can be questioned if it overpays the physician to keep referrals coming. Third-party evaluations of settlement value have been used to avoid later improper-payment allegations. Corporate Practice of Medicine: In most states, corporations and hospitals cannot direct how doctors practice. A damage model relying on relationships that violate these rules or other state-law structural issues can fail and create unintended consequences in public filings. In this episode of Speaking of Litigation®, Epstein Becker Green attorneys Jonathan Brollier, Charles E. Weir, and Megan Thibert-Ind discuss regulatory and business issues unique to the health care industry that can affect how cases are litigated and resolved.

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Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.