Healthcare and Hospital Law
Healthcare is one of the most heavily regulated and quickly changing industries, filled with unique and complex challenges. Sutin, Thayer & Browne understands that this industry creates a wide array of situations that can involve litigation and complex transactional and regulatory issues at state and federal levels. Our lawyers represent public and private hospitals, medical centers, pharmacists, dentists, private physicians, physician alliances, nursing homes, telemedicine providers, meducal equipment companies, psychiatric facilities, rehab centers and other healthcare agencies, professionals and institutions across New Mexico. We practice in the following areas of healthcare and hospital law:
- Business & Transactions
- Healthcare Litigation
- HIPAA and eHealth
- Healthcare Facility Operations
- Healthcare Fraud & Abuse
- Healthcare Fraud & Compliance
- Government Investigations
- Payment & Reimbursement
- Medical Staff & Credentialing
- Behavioral Health
- Long Term & Post-Acute Care
- Managed Care & Insurance
- Professional Licensure
- Pharmacy & Drug Law
- Managed Care & Insurance
- Professional Licensure
- Pharmacy & Drug Law Payment & Reimbursement
- Issues involving physicians & other healthcare professionals
- Bioethics, Public Health & Policy
Medical malpractice and healthcare law requires attorneys who know medicine and understand complicated medical procedures. Our attorneys understand not only the medical basis of a case but also how to make it real and understandable for people without medical training, such as judges and jurors. Our team has extensive trial experience.
Our attorneys provide risk-management and litigation-defense services to medical providers and healthcare institutions. We work closely with insurance carriers, healthcare professionals, expert witnesses, and risk management departments to provide thorough case evaluation and aggressive pretrial and courtroom defense.
We regularly represent clients before state regulatory agencies. We handle mergers and acquisitions of major healthcare facilities. We represent healthcare facilities as employers and as taxable entities, managing all aspects of benefits and obligations under the law.
Our firm’s healthcare practice also provides services to entities interacting with the healthcare industry. We stay current with the rapidly evolving national healthcare law landscape and are able to lead corporate clients through changes affecting their businesses and employees and individuals through changes affecting their rights under healthcare law.
Our lawyers have contacts throughout the United States and, when helpful to clients, can call upon health law experts and consultants from some of the nation’s principal law firms and consulting organizations.
- We advise clients on how to comply with statutes and regulations, and represent clients in disputes involving credentialing and peer review proceedings, medical staff matters, fraud and abuse investigations, and day-to-day operational issues.
- We advise boards with respect to their expanding duties of oversight of healthcare organizations.
- We defend a wide variety of claims against providers, including wrongful death, malpractice, medical products and corporate negligence, EMTALA, HIPAA, unfair practices, and wrongful discharge claims brought by employees.
- We represent physicians with respect to employment contract issues and privileging and licensure problems and medical groups in managed care contract negotiations.
- We serve as counsel to the New Mexico Hospital Association and the New Mexico Healthcare Association (the long-term care and assisted living trade association).
- We advise clients on New Mexico tax issues specific to the healthcare industry, representing for-profit and nonprofit healthcare clients with tax planning and structuring, audit defense, administrative protests, refunds, tax credits and incentives.
- We assist hospitals, nursing homes and other healthcare entities in restructuring contracts to be more gross receipts tax efficient.
- We represent a large heathcare provider in litigation and arbitration relating to its healthcare insurer.
- We represent hospitals and nursing homes in identifying and claiming healthcare related New Mexico gross receipts tax deductions and credits.
- We represent nursing homes in filing for New Mexico tax incentives.
- We represent a large health insurance concern in defending against a class action in U.S. District Court.
- We represented a home health care facility in $15 million acquisition by venture capital fund.
- We serve as local counsel defending nursing homes in a number of cases.
- We successfully represented a large health insurance company in its appeal of a rate increase before the New Mexico Superintendent of Insurance.
Select healthcare litigation experience between insurer and provider (published cases):
- Lovelace Health System, Inc., d/b/a Lovelace Health Plan, a New Mexico Corporation vs. ABQ Health Partners, LLC, a Delaware Limited Liability Company, Second Judicial District Court Case No. D-202-CV-2012-09746 (filed in 2012) (Represented ABQ Health Partners, a subsidiary of DaVita HealthCare Partners, Inc.)
- Lovelace Health System. Inc., d/b/a Lovelace Health Plan, a New Mexico Corporation vs. ABQ Health Partners, LLC, a Delaware Limited Liability Company, before the American Arbitration Association Case, No. 76 187 Y 00205 12 TNM. (filed in 2012) (Represented ABQ Health Partners, a subsidiary of DaVita HealthCare Partners, Inc.)
Representative nursing home defense litigation (published cases):
- Cathy Chapman, as Personal Representative of the Estate of Edward Doyle Berryman, Deceased vs. THI of New Mexico at Hobbs Center, LLC, d/b/a Hobbs Health Care Center, a for profit corporation, Fifth Judicial District Court Case No. D-505-CV-2008-108 (Served as local counsel defending nursing home.)
- Edith Lucero, as Personal Representative of The Estate of Alfred Gonzales, Deceased, vs. St. Vincent Hospital; Silverstone Healthcare of Santa Fe, II, LLC d/b/a Casa Real; THI of New Mexico at Vida Encantada, LLC d/b/a Vida Encantada Nursing & Rehab; THI of New Mexico, LLC d/b/a Vida Encantada Nursing & Rehab, Fourth Judicial District Court Case No. D-412-CV-2008-00116 (Served as local counsel defending nursing home.)
- Consuelo Coca, as Personal Representative of the Wrongful Death Estate of Maria Guadalupe Pita Coca, Deceased, vs. THI of New Mexico at Vida Encantada, LLC, THI of New Mexico, LLC, THI of Baltimore, Inc., THI of Baltimore Management, LLC, Trans Health Management, Inc., Fundamental Long Term Care Holdings, LLC, William Chaltry, Administrator, IHS Acquisition No. 151, Inc., IHS Long Term Care, Inc., and Does 1 Through 10, Fourth Judicial District Court Case No. D-412-CV-2007-00607 (Served as local counsel defending nursing home.)
Lawyers in this Area
Anne P. Browne
Suzanne Wood Bruckner
Stefan R. Chacón
Jesse D. Hale
Susan M. Hapka
David H. Johnson
Jacqueline K. Kafka
Deborah E. Mann
Brana L. Meech
Keith C. Mier
Jay D. Rosenblum
Benjamin E. Thomas