Health Care

Mantese Honigman has extensive experience in health care law. Our clients include numerous respected physicians, health care entities and facilities in various aspects of health care. 

Litigation

We represent health care entities and professionals in legal disputes, mediation, facilitation and civil litigation involving non-competes, payment disputes, breach-of-contract claims and other health care law matters.

Business Organization

Our attorneys organize and advise health care entities, including physician group practices, physicians, home health agencies, durable medical equipment suppliers and others, in the areas of business organization, administrative structure, employment and independent contractor agreements, certificates of need, compliance programs, third party payment compliance, Medicare certification, personnel policies and medical records organization.

Contracts

We routinely draft and negotiate many health care contracts and arrangements, such as physician employment and shareholder agreements, hospital-physician joint venture agreements, management services agreements, participation agreements, medical director contracts, supplier agreements, leases, medical equipment agreements and other vendor agreements.

Audits

We represent physicians, providers and suppliers in Medicare, Blue Cross and other third party payer audits, including reimbursement audits and CMS Meaningful Use EHR Audits.

Fraud-and-Abuse

We advise clients in health care fraud-and-abuse and physician self-referral matters, including Stark Law, anti-kickback law and Michigan licensing restrictions.

Licensing

We represent physicians and other health care professionals in State license disciplinary investigations and administrative hearings.

Medical Staff Credentialing

Our attorneys provide representation to physicians and other health care professionals in credentialing and staff privilege matters.

Compliance Programs

We design and formulate compliance programs for a variety of health care entities including physician practices, home health care agencies, rehabilitation facilities, and durable equipment companies.

Investigations

We represent health professionals and entities in civil fraud investigations and cases, seizures under search warrant, federal grand jury inquiries and other criminal and quasi-criminal investigations and proceedings.

Business Sales and Purchases

We represent sellers and purchasers of health care facilities and practices.

Peer Review

We represent physicians in medical peer review process as provided under the Health Care Quality Improvement Act and potential adverse reporting and accuracy of data reported to the National Practitioner Data Bank (NPDB).

Selected Publications / Presentation on Health Law Topics 

Shifting Sands of the Peer Review Privilege, Co-author, AHLA Connections, published by American Health Lawyers Association, (March 2015).

"How Digital files can be manipulated and what are the Risks," HCCA web conference. Co-presenter, (February 4, 2015.)

"Compliance Officers: When Patients Record Health Care Professionals," Co-author, article in Compliance Today, publication by the Health Care Compliance Association, (January 2015).

"Land Mine: Hidden Stark Law Issues Can Explode," Co-author, article in Michigan Bar Journal, Trial Column, published by State Bar of Michigan, (October 2014).

"Mobile Devices and Medical Apps in the Healthcare Workplace," Co-author, article in Compliance Today, published by the Health Care Compliance Association, (August 2014).

"Compliance Officers' New Challenge: HIV Discrimination," Co-author, article in Compliance Today, published by the Health Care Compliance Association, (August 2013).

"Compliance Officers: Is Your Organization Ready for The Sunshine Act? " Co-author, article in Compliance Today, published by the Health Care Compliance Association, (September 2013).

"Compliance Officers' New Challenge: HIV Discrimination," HCCA web conference. Co-presenter, (July 16, 2013).

"Statistics, Extrapolation, and Overpayment," HCCA web conference. Co-presenter, (May 9, 2013).

"Using Local Coverage Determinations to your Advantage," Co-author, article in Compliance Today, published by the Health Care Compliance Association, (April 2013).

"EMTALA: Combating a Complaint Before it’s too Late," HCCA web conference. Co-presenter, (November 4, 2013).

"Physician Agreements," Co-author, Chapter 22 in Representing Physicians Handbook, Third Edition, published by American Health Lawyers Association. (December 2012).

"ACOs: Bold Waivers to Create a New Health Care Delivery Model," Co-author, article in Compliance Today, published by Health Care Compliance Association, (February 2012).“

"Hospitals On The Frontline," Co-author, article in Hoosier Times, published by the Indiana Chapter of Healthcare Financial Management Association, (Fall 2011).

"ACOs: A Bold Idea With Legal Challenges," Co-author, portion of State Bar of Michigan Health Care Law Section Annual Meeting, Rochester, MI, (September 2011).

"Protecting Patients in LTC: Building a Compliance Culture," Co-author, article in Compliance Today, published by Health Care Compliance Association, (February 2011).

"Deciphering Codes: Fraud & Abuse for Coders and Coding Insight for Healthcare Lawyers, First Edition, Chapter 15-A," Co-author, article in Deciphering Codes, First Edition, published by American Health Lawyers Association, (January 2011).

"Health Care Data Bank Reporting: Appeals," Co-author, article in National Practitioner Data Base, published by Oakland County Bar Association, (January 2011).

"The Audit Alter Ego: Coding for Reimbursement," Co-author, article in AHLA Connections, published by American Health Lawyers Association, (January 2011).

"Properly Incorporating Massage Therapy into a Chiropractic Practice," sponsored by Michigan Chiropractic Association. Co-presenter, (2011).

"What Every Physician Should Know About Medical Marihuana and Disability Examinations," Co-author of outline, portion of Clinical Skills and Competency Rotation, Internal Medicine Residency Program, sponsored by Wayne State University School of Medicine, (October 2010).

"Home Health Compensation Arrangements: Maintaining Compliance," Co-author, article in Compliance Today, published by Health Care Compliance Association, (September 2010).

"Physician's Rights: Real or Imaginary?" Co-author, article in Behavioral HealthCentral.com, (July 2010).

"Clarifying the Confusing: The Anti-Markup Rule Made Easy," Co-author, article in Compliance Today, published by Health Care Compliance Association, (February 2010).

"Physician Agreements," Co-author, Chapter 22 in Representing Physicians Handbook, Second Edition, published by American Health Lawyers Association, (November 2009).

"Home Health Compliance Officers: On the Front Line of Compliance," Co-author, article in Compliance Today, published by Health Care Compliance Association, (October 2009).

"Chiropractors Under Fire: Surviving the Chiropractic Audit," Co-author, article in Michigan Association of Chiropractors Journal, published by MAC Journal, (September 2009).

"Surviving the Audit, the Time is Now," Co-author, article in Compliance Today, published by Health Care Compliance Association, (August 2009).

"Impact of Kadlec and Poliner on Credentialing/Peer Review," portion of program American Health Lawyers Association Annual Meeting, sponsored by American Health Lawyers Association, Washington D.C. Presenter, (June 2009).

"Transitioning to Home Care: Fraud and Kickback Issues," Co-author, article in Compliance Today, published by Health Care Compliance Association, (May 2009).

"Survived Miller? Think Again," Co-author, article in Michigan Bar Journal, Annual Business Theme Issue, published by State Bar of Michigan, (March 2009).

"Legal Issues: What Every Physician Should Know," Michigan State College of Osteopathic Medicine, Lansing, Michigan. Co-presenter, (January 2009).

"Without Warning: Medicaid Wields Withholding," Co-author, article in The RAP Sheet, published by American Health Lawyers Association Regulation, Accreditation, and Payment Practice Group, (December 2008).

"Retail Health Clinics: Trend versus Tradition," Co-author, article in Health Lawyers Weekly," published by American Health Lawyers Association, (June 2008).

"When Worlds Collide: Healthcare Compliance and Union Work Force," Co-author, article in Health Lawyers Weekly, published by American Health Lawyers Association, (October 2007).

"Clients’ Use of the Health Care Lawyer as a Marketing Tool - When Does the Lawyer Cross the Line?" Co-author, chapter in Health Law Handbook, published by WestGroup Publishing, (2007 Edition).

"Non-Competes For Health Care Providers? It Is Not So Simple," Co-author, article in Laches, published by Oakland County Bar Association, (October 2006).

"Responsibility of a Physician-Consultant for Professional Negligence," Co-author, article in Laches, published by Oakland County Bar Association, (September 2006).

"Nurse Staffing, Legislative Alternatives and Health Care Policy," Co-author, article in DePaul Journal of Health Care Law, published by DePaul University, (Spring 2006).

"Licensing Issues for Veterinarians: Veterinary Integrative Problem Solving," Michigan State University College of Veterinary Medicine, Lansing, Michigan. Presenter, April (2006).

"Cosmetic Surgery and Informed Consent: Legal And Ethical Considerations," Practical Law Television Series. Bloomfield Hills, Michigan. Television Speaker, (February 2006).

"Cosmetic Surgery and Informed Consent: Legal And Ethical Considerations," Co-author, article in Michigan Bar Journal, published by State Bar of Michigan, (January 2006).

"Effects of Veterinary Board Disciplinary Actions on Veterinarians Licensed In Multiple States," Co-author, article in JAVMA, published by Journal of the American Veterinary Medical Association, (December 2005).

"The Big Contract Is Signed - Now What? A Guide To Effective Contract Administration And Avoiding Unintended Modifications," Co-author, article in Michigan Bar Journal, published by State Bar of Michigan, (September 2005).

"Cross-Reporting Discipline of Veterinarians in Sister States," portion of program 12th Annual Meeting American Veterinary Medical Law Association, Minneapolis, Minnesota. Presenter, (July 2005).

"The Animal Welfare Act: A Guidepost For Medical And Scientific Research," Co-author, article in Laches, published by Oakland County Bar Association, (January 2005).

"Health Care Forms, Chapter 17," published by West’s Legal Forms, (1996-updated annually).

"Nursing Homes And The Care Of Elderly," Co-author, article in Journal of the Missouri Bar, published by the State Bar of Missouri, (1995).