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Health Care

Health Care


Contact: Marcus C. Hewitt
Overview

Health care providers need trusted legal advisors to help navigate one of the most complex and highly-regulated industries in the country.  The right advisor can steer a health care organization away from danger areas and help address compliance issues and risk areas so health care providers can do what they do best—taking care of patients.  So why choose Smith Moore Leatherwood?

We know your business.

Our attorney team includes:
 

  • Two attorneys with over 30 years of health care experience
  • Former hospital in-house counsel
  • Former hospital board trustee
  • Former assisted living facility board members
  • Two current continuing care retirement community board members
  • Hospice board member
  • Registered nurse
  • Dentist
  • Hospital Ethics Committee members
  • Former Institutional Review Board member
  • Former member of informal task force to revise State Medicaid provider agreement
  • Attorneys with certificates in nonprofit management and health policy

With clients in more than 25 states and across the spectrum of health care providers, we bring real-world experience and knowledge gained through ongoing participation in the health care industry to every engagement.

We are there when you need us.

Crises can arise 24/7, especially for health care organizations that operate around the clock.  We pride ourselves on being available to our clients during crises.
 

  • We have served as general counsel on an interim basis for a health system with multiple facilities and locations, providing 24 hour on-call service.
  • We have provided 24-hour, on-call and on-site support to prevent fast track decertification for a hospital facing a third EMTALA revisit.
  • We routinely support clients during surveys with real-time remote review of medical records, as well as on-site support when requested to prepare plans of correction, review and update policies and procedures, and prepare for and meet with surveyors.
  • We have prepared court pleadings, affidavits, and other materials on short notice to seek injunctive relief if necessary to prevent decertification resulting from immediate jeopardy deficiencies.
  • We provide on-site investigation and legal advice in crisis incidents that occur day and night.
  • We have sought court orders at all hours to permit medically necessary care in the face of family objections and to enforce the desires of the terminally ill to die with dignity.

We know the industry—where it's been, and where it's going.

Health care is dynamic and ever-changing.  Health care attorneys have to be able to connect the dots between past and present and can never stop learning.  Our attorneys stay abreast of health care policy and industry changes and work to impact those policies through the following organizations:
 

  • American Health Information Management Association (AHIMA)
  • American Society for Healthcare Risk Management, NC Chapter
  • National Rural Health Association
  • North Carolina Healthcare Information and Communications Alliance
  • Georgia Health Information Management Association
  • North Carolina Hospital Association (NCHA)
  • South Carolina Hospital Association (SCHA)
  • Georgia Hospital Association (GHA)
  • North Carolina Health Care Facilities Association (NCHCFA)
  • American Health Lawyers Association (AHLA)
  • American Bar Association Health Law Section
  • North Carolina Bar Association Health Law Section
  • Georgia Bar Association Health Law Section
  • North Carolina Society of Health Care Attorneys
  • Georgia Academy of Healthcare Attorneys
  • Georgia Association of Healthcare Executives
Accolades

We are recognized as leaders in our field.
Some firms list as members of their health care teams any lawyer who has ever had contact with a health care organization.  At Smith Moore Leatherwood, we know health care is too complex and important an industry in which to dabble.

Our core team of health care attorneys view themselves as a part of the health care industry, and our commitment to the industry shows.  We have been recognized by the American Bar Association as one of the top ten health care firms in the Southeast/DC Region and by the American Health Lawyers Association as one of the country's top health care practices.  Other awards and recognitions of our health care team and its individual members include:
 

  • Health Care practice groups in Greensboro and Raleigh ranked Metropolitan Tier 1 in 2015 U.S. News & World Report and Best Lawyers "Best Law Firms" among the nation's best for legal services.
  • Chambers and Partners
    • Two lawyers recognized as leaders in field in NC, including one lawyer recognized as “Band 1”
    • Two lawyers recognized as leaders in field in GA
    • Firm awarded "Band 1" recognition in NC
    • Firm awarded "Band 3" recognition in GA
  • 9 lawyers ranked Martindale-Hubbell's top ("AV") Peer Review Rating*
  • Five Health Care lawyers listed in The Best Lawyers in America © 2017, Health Care Law recognition
  • One lawyer listed in The Best Lawyers in America © 2015, Greensboro "Lawyers of Year" recognition for Health Care
  • Four Health Care lawyers listed in 2016 Super Lawyers, Health Care Law recognition
  • Two Health Care lawyers listed in Super Lawyers, Top 50 Women Attorneys in NC
  • Seven Health Care lawyers listed in Super Lawyers "Rising Stars" in Health Care
  • One lawyer awarded Nightingale's Healthcare News, "Outstanding Hospital Lawyer" recognition
  • Two lawyers listed in Business Leader Magazine's "Movers and Shakers"
  • One lawyer recognized as a 2015 BTI Client Service All-Star
  • One lawyer named as a Fellow, American College of Trial Lawyers
  • One lawyer awarded Triad Business Journal "40 Leaders Under Forty" recognition
  • One lawyer received the Triangle Business Journal, 2012 Women in Business Award
  • One lawyer received the North Carolina Lawyers Weekly, "Leaders in the Law" Award

* AV is a registered certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Attorneys
NAME TITLE LOCATION CONTACT
Partner
(336) 378-5284
Partner
(336) 378-5438
Of Counsel
(404) 962-1096
Partner
(864) 751-7606
Managing Partner
(336) 378-5256
Partner
(843) 300-6634
Associate
(336) 378-5353
Partner
(336) 378-5482
Partner
(336) 378-5432
Senior Associate
(336) 378-5346
Partner in Charge
(336) 378-5383
Partner
(919) 755-8778
Partner, Health Care Leader
(919) 755-8776
Partner
(910) 815-7165
Associate
(919) 755-8753
Partner, Banking & Financial Services Leader
(336) 378-5279
Partner, Education and Non-Profit Industry Leader
(336) 378-5551
Partner
(336) 378-5261
Associate
(336) 378-5226
Partner
(864) 751-7608
Of Counsel
(843) 300-6673
Partner
(336) 378-5258
Partner
(404) 962-1040
Partner
(919) 755-8710
Partner
(919) 755-8834
Partner
(336) 378-5294
Partner
(336) 378-5535
Partner
(336) 378-5442
Retired
(919) 755-8730
Partner
(404) 962-1026
Associate
(919) 755-8853
Experience

We are not afraid to chart new territory.

Counseling our health care clients about potential risks and regulatory constraints is only part of our job.  Clients look to us to create innovative, compliant solutions that enable health care providers to better meet their patients' needs in a cost-effective manner.  We also have a history of advancing new arguments to courts and regulators, and we are not afraid to be pioneers.
 

  • We defended and negotiated closure of the first hospital Deferred Prosecution Agreement.
  • We prepared the first formal voluntary self-disclosure in North Carolina.
  • We obtained the first dismissal at the close of the petitioner's case in a NC Certificate of Need administrative appeal.
  • We obtained the first North Carolina Department of Insurance opinion allowing direct pay primary care services by a health system in certain circumstances.
  • We first advanced the argument that exemption provisions could allow the entire replacement of a hospital under North Carolina Certificate of Need law.
  • We assisted in the formation of and provided operational, health information privacy, and information security advice to North Carolina's first health information exchange organization.
  • Our lawyers were responsible for the first reorganization of a hospital authority in Georgia.


* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Publications

February 10, 2017
January 27, 2017
January 10, 2017
Life After Obamacare – Part III, Health Care Law Note
November 29, 2016
Life After Obamacare – Part II, Health Care Law Note
November 14, 2016
Life After Obamacare – Part I, Health Care Law Note
June 14, 2016
June 8, 2016
February 16, 2016
February 15, 2016
ACO Compliance Considerations, Health Care Law Note
February 12, 2016
October 6, 2015
September 22, 2015
September 21, 2015
June 20, 2014
October 17, 2013
Don't let your practice's Medicare enrollment "perish", The Journal of the Medical Association of Georgia
July 16, 2013
January 2013
"Cover Your Tail (Insurance)", Health Care Law Note
April 4, 2012
April 2, 2012
Beyond Fraud and Abuse, SML Perspectives
February 21, 2012
January 23, 2012
Medicare News, The Transportation Newsletter
November 2011
October 2011
OCR Reports Breach Data, Legal HIMformation
September 2011
Avoid these HIPAA Land Mines Involving Your Practitioners' Cell Phones, Part B Insider vol. 12 , No. 31, pp. 244-246, September 2011
September 2011
June 30, 2011
Doctors who Perform Truck Driver Physicals, The Transportation Newsletter
April 2011
March 14, 2011
Non-Profit Health Care Organizations & Joint Real Estate Ventures, Atlanta Hospital News and Healthcare Report
March 8, 2011
January 14, 2011
Why Can't We Be "Friends"?, SML Perspectives
June 7, 2010
Negative Exposure, For The Record, Vol. 22 No. 11 P. 10
April 30, 2010
PHI Faux Pas: Social Media And The Unauthorized Disclosure Of PHI, American Health Lawyers Association's Health Lawyers Weekly, Vol. VIII, Issue 17
April 15, 2010
January 2010
HITECH Breach Notification Evaluation, American Health Lawyers Association's HIT Bytes, January 2010
January 16, 2010
November 2009
Metadata, Legal HIMformation
October 2009
September 17, 2009
May/June 2009
January 2009
Cell Phone Camera Use in Healthcare Facilities: Shutter It, American Health Lawyers Association's HIT News, Volume 12, Issue 1
December 2008
Year End Matters, Legal HIMformation
November 2008
2009 CMS MPFS Final Rule - IDTFs, Health Care Law Note
October 2008
October 2008
September 2008
HIPAA Security Audits, Legal HIMformation
May 2008
April 2008
March 2008
Older Retirees and Health Care Costs, The Inside Perspective
March 2008
March 2008
December 2007
November 2007
September 2007
September 2007
Stark II Phase III Final Rule, Health Care Law Note
September 2007
August 2007
July 2007
June 2007
May 2007
Two New Federal Developments, Legal HIMformation
April 2007
February 2007
February 2007
November 2006
October 2006
April 2006
May 2005
Security Rules Blues, Physicians Practice
April 2005
HIPAA Q&A – Prisoner PHI, Legal HIMformation
April 2005
April 2005
February 2005
July 2004
Employee Mental Health Issues, The Inside Perspective
October 14, 2002
Georgia's New "Survivor" Rule: Winning the "Immunity Challenge", Greater Atlanta Health Information Management Association

Events

News

News

What Clients Are Saying:

"It's a very strong firm with deep resources in healthcare law."

"Their handling has been exceptional, they are timely and authoritative. They have a significant number of lawyers dedicated to healthcare, and as a result they have a number of people whose skills they can tap into."

"Smith Moore will ask you where you're trying to be at the end of the day. They proactively pursue our business strategy rather than only providing counsel." 
Chambers 2016



2016 Chambers USA Guide Top Ranked



DISCLAIMER

Each of our lawyer's e-mail address is provided with his or her biography. If you are not a current client of our firm, you should not e-mail our lawyers with any confidential information or any information about a specific legal matter, given that our firm may presently represent persons or companies who have interests that are adverse to you. If you are not a current client and you e-mail any lawyer in our firm, you do so without any expectation of confidentiality. We will not establish a professional relationship with you via e-mail. Instead, you should contact our firm by telephone so that we can determine whether we are in a position to consult with you about any legal matters before you share any confidential or sensitive information with us.