Health Law Division

The complexity and rapid evolution of health care law means health care clients often need representation at the legislative, administrative and judicial levels. Our firm is one of the few that can provide services at all three of these levels.

As all providers and associated businesses know, health care is one of the most complex and heavily regulated sectors of the economy. Our familiarity with relevant laws impacting health care and how these laws are enforced enable us to help our clients find their way through the often confusing maze of statutes, regulations and enforcement practices. We work to make sure clients have the knowledge necessary to weigh legal options, work out solutions, and litigate when necessary. Our objective is to ensure clients are treated fairly by regulators and insurers, structure their organizations within the parameters of the law, and respond appropriately to the myriad regulatory issues that can arise in the day-to-day world of health law.

Best Lawyers. Michael W. Mitchell is a past president of the Arkansas Bar Association Health Law Section and listed in Best Lawyers in America for Health Law.  David Ivers is a past president of the Arkansas Bar Association Health Law Section and listed in Best Lawyers in America for Health Law. Robert Wright is current president of the Arkansas Bar Association Health Law Section.

Health Care Issues

Our health care attorneys handle a broad range of issues, including Medicare, Medicaid; fraud and abuse (including Stark, Anti-kickback, and OIG investigations), EMTALA, provider reimbursement, provider audits, compliance plans, contract reviews, managed care issues, long term care, anti-trust, ERISA, state and federal insurance laws, employment law for health care organizations, HIPAA, peer review, credentialing and medical staff issues, administrative appeals, and qui tam whistleblower cases.

CURRENT HEALTHCARE ARTICLE

HEALTHCARE ARTICLE ARCHIVES

Representative Clients

Our clients include physicians (solo, group, single- and multi-specialty); IPAs, PHOs, MSOs, laboratories, assisted living facilities; inpatient, residential, and outpatient mental health providers, providers for the developmentally disabled; physical, occupational and speech therapy providers; home health providers, hospice, dentists, and virtually any type of provider who deals with Medicaid, Medicare or other payors, public or private.

Services We Provide

At Mitchell Blackstock, we provide a wide-range of services, including advice on physician compensation arrangements, payor arrangements, ancillary services, joint ventures, government audits, internal audits, quality improvement, internal governance, compliance programs, regulatory promulgations, and other regulatory areas.

We negotiate numerous contracts, including third-party payor agreements, physician and hospital-based contracts, provider employment contracts, joint venture arrangements, LLC agreements, and arrangements for integrated delivery systems.

Since most health care providers are also employers covered by state and/or federal employment laws, we provide advice and assistance on employment law issues, such as compliance with laws on discrimination, drug testing, and employee privacy. We have drafted or assisted clients in drafting employee handbooks and employment-related forms, such as consents for Internet-use monitoring or drug testing.

We can provide seminars for our clients employees on issues such as HIPAA compliance, employment laws or other issues important to the client.

We handle administrative appeals as well as complex litigation in federal and state court systems, such as Prudential Ins. Co. of America v. National Park Medical Center, Inc. 413 F.3d 897 (8th Circuit 2005); Arkansas Medical Society v. Reynolds, 6 F.3d 519 (8th Cir. 1993); and Janet Cathey, M.D. v. Baptist Health, Pulaski County Circuit Court No: CV 2005-5701.

We draft numerous legislative bills on behalf of clients, such as the Medicaid Fairness Act, a comprehensive due process law for Medicaid providers (Arkansas Code Sections 20-77-1701 through 1715).

We have registered lobbyists who lobby the Arkansas General Assembly on health care matters for numerous clients.

Significant Matters

Equal access to Medicaid providers. Obtained first Medicaid "equal access" victory in federal circuit courts for providers and recipients. (Arkansas Medical Society v. Reynolds, 6 F.3d 519 (8th Cir. 1993).

Equal access to private insurance providers. Lobbied and litigated successful "any willing provider" insurance case over course of 10 years. (Prudential Ins. Co. of America v. National Park Medical Center, Inc. 413 F.3d 897 (8th Circuit 2005).

Medicaid Provider Due Process. Drafted and negotiated passage of the Medicaid Fairness Act, a comprehensive due process law for Medicaid providers (Arkansas Code Sections 20-77-1701 through 1715).

Assisted Living. Negotiated with state officials for passage of the Arkansas Assisted Living Act and helped draft statutes and regulations to implement the act. (Arkansas Code Sections 20-10-1701 through 1709).

Prompt Payment. Negotiated with state regulators and insurance sector to successfully implement law requiring insurers to promptly pay claims. (Arkansas Insurance Department Regulation 76).

External Review. Negotiated with state regulators and insurance sector to successfully implement rule providing independent review of disputes between patients and insurers. (Arkansas Insurance Department Regulation 76)

Economic Credentialing. Litigating the issue of whether hospitals can terminate physicians based on their economic relationships with other hospitals rather than quality of care. (Janet Cathey, M.D. v. Baptist Health)

Consumer Protections. Drafted and negotiated the Arkansas Health Care Consumer Act of 1997, providing a variety of patient and provider protections. (Arkansas Code Sections 23-99-401 through 416.)

Published Works

Emily Sneddon, David Ivers, et al., Legal Guide for Physicians, Arkansas Medical Society, biannual (4 editions to date).

Craig, Wilson, “Provider Alert: Requirements for Employee Education About False Claims Laws and Whistleblower Protections,” Journal of the Arkansas Medical Society, February 2007.

Craig Wilson, “Overcoming Physician-Patient Barriers,” Journal of the Arkansas Medical Society, April 2007.

Robert Wright and David Ivers, “How to Survive a Medicaid Audit,” Arkansas Residential Assisted Living Association Advisor, November 2006.