HIPAA/Privacy & Security

In an era of big data, the health care industry’s focus on the privacy and security of patients’ health information has emerged as a primary compliance concern for health care providers. In this constantly evolving practice area, the Health Care Law Group offers comprehensive guidance on health care systems’, independent health care practices’, and insurance companies’ management of health information privacy and security.

Whether it be identifying and contracting with business associates, conducting HIPAA breach investigations, or advising on comprehensive electronic medical records programs, the Health Care Law Group brings a wealth of industry knowledge to its health care clients.

Malpractice Defense

The primary focus of the Health Care Law Group has always been assisting practitioners, hospitals, and clinics through the malpractice litigation process. With over thirty years experience litigating in this area, the Health Care Law Group has a long track record of proven success.

Our attorneys have handled hundreds of medical malpractice cases and have worked on cases in all areas of medicine, including high value birth and brain injury cases, death cases, and others. We have defended cases where the allegations have ranged from regular medical negligence in act or judgment, to more specific allegations such as failure to refer, failure to obtain informed consent, misdiagnosis, negligent follow-up care, negligent nursing staff care, and wrong site surgery. We also have experience with lawsuits involving attempts by plaintiffs to attach liability to hospitals through corporate liability concepts and claims of negligent credentialing.

We litigate, try, mediate, and arbitrate malpractice claims all across South Dakota. We have appeared in the state trial and appellate courts in South Dakota, in the Federal District Courts of South Dakota, and at the Eighth Circuit Court of Appeals.

Licensing & Credentialing

The Health Care Law Group’s commitment to providing counsel to health care practitioners does not end at defending medical malpractice claims, but it also includes a long history of representing physicians, nurses, and other health care providers in front of the licensing boards in South Dakota, including the South Dakota Board of Medical and Osteopathic Examiners and the South Dakota Board of Nursing.

The Health Care Law Group also has a wealth of experience in assisting hospitals, clinics, and other types of medical facilities with credentialing issues, including risk avoidance, employment decisions, privileging issues, reports to the National Practitioners Databank, and in defending lawsuits brought by both practitioners and patients based upon a hospital’s credentialing decisions.

Fraud & Abuse/Stark

Health care transactions often require a particular focus on a complex set of fraud and abuse laws and regulations. The Health Care Law Group provides advice to its health care clients with regard to Stark, anti-kickback, Medicare and Medicaid reimbursement rules, and other health care fraud and abuse rules.

We are well-versed on the intricacies and nuances of the anti-kickback and Stark laws and remain up to date on regulatory changes, newly issued advisory opinions, and case law. We have assisted our clients on projects ranging from briefing clients on narrow regulatory issues to preparing Stark and anti-kickback compliant contracts and transaction documents.