• On behalf of a large health system client, Sonnenschein is involved in the class action antitrust lawsuit filed by several medical residents against various hospitals and medical schools that sponsor residency programs, as well as several medical organizations, such as the American Association of Medical Colleges, the American Hospital Association, the American Medical Association, and the National Resident Matching Program.  The lawsuit alleges that the match of medical students to residency programs, the accreditation rules for residency programs, and several surveys of resident stipends/benefits were part of a conspiracy to reduce the stipends and other benefits provided to medical residents in violation of antitrust laws.
• On behalf of a major health system, Sonnenschein obtained FTC business review regarding the Non-Profit Institutions Act.
• The Firm represented a pharmaceutical manufacturer in connection with a nationwide litigation involving claims of equivalence of brand name and generic prescription drugs.
• Sonnenschein represented a pharmaceutical company in various national price-fixing class actions and related price discrimination litigation.
• Sonnenschein attorneys represented a multi-specialty physician group in connection with a government investigation of managed care contracting practices.
• On behalf of a medical products manufacturer, Sonnenschein attorneys provided counseling regarding pricing issues.
• The Firm represented a hospital in a government investigation of contracting practices with employed physicians.
• We represented a hospital system in connection with a proceeding concerning the sale of an HMO to a competing HMO.
• Firm attorneys advised a hospital system regarding issues concerning affiliation with a major multi-specialty physician group and an HMO owned by the group.
• Sonnenschein attorneys represented a corporate provider of laser eye surgery services in a merger transaction valued at nearly $100 million.
• We advised a Medical Society in connection with its role in facilitating dialog between a major insurer and local physicians concerning managed care contracting.
• Firm attorneys counseled a group of cardiologists in connection with their relationship with a large hospital that had a regional heart center, for the management of hospital’s cardiac services line.
• We represented a pharmaceutical manufacturer in connection with various government investigations of pricing and reimbursement practices.
• Sonnenschein attorneys advised a pharmaceutical manufacturer regarding research and development joint ventures.
• The Firm advised a group of specialists in connection with the development of a specialty hospital.
• Firm attorneys counseled medical providers regarding the structure of, and participation in, a provider network.
• Sonnenschein attorneys advised a hospital system regarding joint ventures with physicians.
• Sonnenschein attorneys assisted one of the largest national group purchasing organizations (GPOs) in preparing to testify before the United States Senate on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights concerning its business operations and advised the GPO in ensuing negotiations related to the GPO’s business model.  Thereafter, we advised the GPO on the development and implementation of policies and procedures designed to allay the Senate’s concerns.  One-year later, Sonnenschein again assisted the GPO to prepare and present a “progress report” to the Senate Subcommitee.
• On behalf of multiple national group purchasing organizations (GPOs), our health care attorneys analyzed vendor and provider contracts and each GPO’s vendor selection process under Federal and State anti-kickback, physician self-referral, antitrust and gainsharing laws.

Representation of Chapter 11 Debtors or Bankruptcy Trustees

• Maxicare Health Plans, Inc. (and 47 affiliates) (C.D. Cal.):
  These cases were and remain one of the largest health plan bankruptcies. Members of Sonnenschein's New York bankruptcy group represented the debtors and debtors-in-possession in these cases. In addition, prior to joining the firm, a member of our Los Angeles office served as Special Health Care Counsel to the Providers' Creditors Committee.
• Mission Independent Practice Association Medical Group, Inc. (N.D. Cal.):
  We served as debtor's counsel in this Chapter 11 case. Mission IPA had 32,000 covered lives and was the only material health maintenance organization in Monterey County, California. Issues in the case included negotiating a stipulation with providers for continuing services. We also negotiated a stipulation with the health plans on payment of capitation payments and related adequate protection issues. Sonnenschein also represented Mission IPA in pre-petition disputes, including a purported class action suit with former providers.
• Granada Hills Community Hospital (C.D. Cal.):
  We served as special healthcare, ERISA and labor counsel to the Chapter 7 trustee in this matter.
• Santa Paula Community Hospital (C.D. Cal.):
  We also served as special healthcare, ERISA and labor counsel to this hospital in its successful reorganization under Chapter 11.
• AbTox, Inc. (N.D. Ill.):
  We represented an operating Chapter 11 trustee for this medical sterilization equipment manufacturer. There were significant issues in this case regarding FDA licensure and patent infringement litigation.

• Fountain View, Inc. (C.D. Cal.):
  We represented the Official Committee of Unsecured Creditors in these cases involving a chain of skilled nursing care facilities and assisted living facilities. A plan was confirmed providing trade creditors with the option to cash out at a small discount or accept payment in full over time. In a subsequent refinancing of the debts of the reorganized debtor, we represented Development Specialists, Inc., as Claims Agent. In that matter, all pre-petition creditors were paid in full with interest.
• Mid-Island Hospital, Inc. (E.D.N.Y.):
  Mid-Island Hospital is an acute-care community hospital serving parts of New York's Nassau and Suffolk Counties. We represented one of Mid-Island's largest creditors in this case, Medline Industries, Inc., which served as chair of the Official Committee of Unsecured Creditors. Medline Industries, Inc. is the nation's largest privately-held manufacturer and distributor of health care supplies, manufacturing and distributing more than 70,000 products to hospitals, nursing homes and home health agencies throughout the world.
• Mid-Island confirmed a plan of reorganization after extensive negotiations among the debtor, its ultimate acquiror, WCNCHS North, Inc., and the creditors committee. As counsel for Medline, we worked closely with counsel for the Committee, Mid-Island Hospital and WCNCHS North, Inc. toward confirmation of the parties' jointly proposed consensual plan of reorganization.
• In the course of this representation, we advised on several issues unique to healthcare insolvencies, including: (i) issues relating to the terms of the hospital's post-petition receivables financing arrangement, (ii) recoupment and set-off matters raised by private insurers and New York State regulated hospital pools, and (iii) treatment of unliquidated medical malpractice claims in the hospital's plan of reorganization.
• United Health Care (N.J.):
  We also represented Medline Industries, Inc. as one of the major trade creditors in the United Health Care Chapter 11 case. Prior to its closure, the debtor was one of the nation's premier nonprofit inner-city (Newark) safety net health care systems. It owned and operated the principal acute care hospital for children in New Jersey. One of the major issues in this case involved a bankruptcy court order refusing to approve a Section 363 sale of certain of the debtor's assets to another inner-city children's hospital, whose bid was several million dollars less than the bid of a less experienced rival bidder. These assets included the hospital's goodwill and certificate of need. The bankruptcy court issued an order directing the New Jersey commissioner to issue a temporary certificate of need that was transferable to the higher bidder. On appeal the district court reversed the decision, finding that the commissioner is better suited to judge the bidders' qualifications. The court directed the bankruptcy court to approve the sale to the lower bidder, who had greater expertise, as approved by the commissioner.

Other Key Creditor Engagements

• MedPartners Provider Network, Inc. (C.D. Cal.):
  Members of our Chicago and Los Angeles offices represented SCAN Health Plan and certain health care providers in the matter of MedPartners Provider Network, Inc. SCAN served as a member of the Official Committee of Unsecured Creditors in the case.
• Columbus Community Hospital (N.D. Ohio):
  We also represented a member of the creditors committee in the Columbus Community Hospital case. Our client in that case provided outsourced rehabilitation services for the hospital.
• Winona Community Hospital (N.J.):
  In this Chapter 11 case, we represent a trade creditor who is a large national provider of diagnostic imaging services.

Representation of Other Parties in Chapter 11 Cases

• Vencor, Inc. (Del.):
  We represented the outside directors of the board of this large national nursing home chain pre-petition and throughout these Chapter 11 cases. We were involved throughout the process of negotiating the plan of reorganization. In addition, members of our New York group represented HSBC Bank as a member of the creditors committee. Vencor is now operating under the name Kindred.
• FPA Medical Management (Del.):
  Members of our firm represented Blue Cross/Blue Shield, Maxicare, and also three doctors, who are employed by one of FPA's Sterling Group subsidiaries, in these Chapter 11 cases. FPA was a national physician practice management organization that administered and managed primary care physician networks under contract with HMOs and other prepaid insurance plans and provided contract management support services to hospital emergency departments. FPA provided these services to 7,900 primary care physicians with 1.4 million enrollees in 29 states. FPA's Sterling Group provided similar services, specializing in emergency medicine practitioners.
• Phyamerica (Md.):
  Phyamerica was the ultimate purchaser of FPA's assets. We represented a physicians' organization in this company's subsequent Chapter 11 case.
• PHC Health Care (Del.):
  We represented the physicians in an oncology center in connection with the bankruptcy of their management company. Ultimately, we helped them to purchase their practice back, free and clear of the burdensome management agreements. They also secured related contracts.
• Charter Behavioral Health Systems (Del.):
  Prior to joining Sonnenschein, members of our firm represented the United States in connection with the bankruptcy of this chain of 100 psychiatric hospitals. A substantial Medicare fraud claim contributed to the complexity of this case. Ultimately, the case led to the sale of the chain's hospitals to various purchasers, which involved requests to transfer provider numbers.
• Pharmacy Fund Receivables, Inc. (S.D.N.Y.):
  This Chapter 11 debtor was a factoring company that specialized in pharmacy receivables. Upon the filing of the bankruptcy petition, PFR's primary secured lender argued that it had an interest in and lien upon certain pre-petition and post-petition receivables, which PFR had not paid for. We represented Medicine Shoppes International, a nationwide chain of pharmacies, who had over 100 of its pharmacy franchisees factoring their receivables through PFR. For these and all other pharmacies factored by PFR, the cash flow implications of the lender's position were enormous. A settlement was quickly reached. The settlement directed payors to pay post-petition receivables directly to the pharmacies. It also provided for a prompt reconciliation of pre-petition receivables paid to PFR, which it had not paid to the pharmacies. Issues relating to concerns of PFR and its lender about overpayments or chargebacks to the pharmacies also were resolved as part of the settlement. Our client was appointed to the pharmacy creditors committee. We assisted the committee in actively monitoring compliance with implementation of the settlement, including initiating an adversary proceeding against various payors to ensure they fulfilled their obligations.
• USA Healthcare d.b.a. Elastar (C.D. Cal.):
  We represented the professional liability carrier in this hospital's Chapter 11 bankruptcy case and eventual shutdown.

Representation of Lenders

• Flushing Hospital and Medical Center (E.D.N.Y.):
  Our firm represented Medline Industries, Inc. in its capacity as a pre-petition creditor of Flushing Hospital and Medical Center. Medline also was a secured lender to related entities.
• We assisted them with an out-of-court workout of Little Neck Community Hospital, a hospital located in Little Neck, New York. Little Neck Community Hospital is related to the debtor and also is the lessor of the debtor's facilities. Medline was a co-mortgagee of the property and therefore was involved in negotiations with respect to the proposed sale of Little Neck Community Hospital.
• Doctors' Hospital of Hyde Park (N.D. Ill.):
  We represented the special loan servicer and public real estate investment trust in connection with the bankruptcy proceedings of the tenant borrower, the foreclosure proceedings against the landlord borrower, and related mechanics lien priority litigation.
• Experience with Mergers and Acquisitions
  PHP Healthcare Corp. (Del.):
  In this matter, we represented a potential bidder for a material portion of the debtors' assets. PHP Healthcare Corp. and its related debtors are medical management companies, which covered more than 300,000 individuals and had assets with a book value of over $250 million.
• Centennial HealthCare Corp. (N.D. Ga.):
  We served as bankruptcy counsel to FCSCD Holdings LLC in its acquisition of Centennial HealthCare Corp. and its affiliates. FCSCD expressed its interest in Centennial only days before the debtors entered into an agreement with another nursing home operator. This other transaction had been incorporated into a proposed reorganization plan. Sonnenschein opened the process so our client would be able to bid for the company in a fair auction process, guided FCSCD's bid through the process until it became the accepted offer and brought the transaction to a successful closure notwithstanding significant hurdles interposed by the debtors, who had lost their opportunity to transfer the business to their handpicked suitor.
• Other key engagements:
  Sonnenschein attorneys have extensive experience representing sellers of assets and potential purchasers of assets in both public and non-public transactions.

Experience with Out-Of-Court Restructurings

• Long Term Care/Skilled Nursing Facilities (Mo.):
  We represent the operator of a portfolio of skilled nursing facilities located in Missouri in connection with a financial and lease restructuring. The transaction involves negotiations toward a long-term lease extension and possible purchase of the facilities.
• Independent Physician Associations (Cal.):
  We represented a troubled IPA in connection with its attempt to restructure its indebtedness and operations out of court, and its attempt to renegotiate payor contracts. Ultimately, the IPA elected to liquidate through a general assignment for the benefit of creditors.
• Governmental Unit (Cal.):
  We represented a governmental unit that owns and operates a rural community hospital in a successful out-of-court restructuring of its indebtedness. The restructuring included a successful temporary moratorium on payments to trade creditors.
• Carlinville Area Hospital (Ill.):
  We represented this rural Illinois community hospital in a restructuring and a settlement with the federal government.
• University of Tennessee Cancer Institute (Tenn.):
  We also represented this physician group in a loan workout and refinancing.
• Not-for-Profit Hospital (Mich.):
  Prior to joining the firm, members of our practice represented a not-for-profit hospital in: (i) restructuring covenants with creditors, and (ii) waiving current defaults to allow the hospital to continue to operate and improve its financial condition.
• Tax-Exempt Bond Financings:
  Members of our firm have represented financial institutions and federal government agencies to foreclose or restructure and transfer distressed projects that were financed by tax-exempt bonds supported by letters of credit. We have been able to preserve the below-market interest rate of the tax-exempt financings, thus bringing in a higher sale price than would have been available for a conventionally financed project because the favorable financing was preserved for the new owner.

Experience with State Law Conservatorships or Proceedings

• MedPartners Provider Network, Inc. (Cal.):
  The case began with a takeover of management by a conservator appointed by the State of California Department of Corporations and a Chapter 11 filing that same day. MedPartners had over 1.3 million covered lives at the time of the filing. Attorneys from our New York office represented the conservator for the company.
• Chartwell Health Care (N.D. Tex./E.D. Mo.):
  We represented the state court receiver for certain nursing home subsidiaries of Chartwell Health Care. These subsidiaries, which were not in bankruptcy, were taken over by the receiver on behalf of the State of Missouri prior to the parent corporation's bankruptcy filing. Eventually they were transferred to a more viable operator. Contributing to the complexity of this engagement was litigation in two jurisdictions between the receiver and Chartwell's secured lender.
• Grant Hospital/Edgewater Hospital (Ill.):
  We represented both hospitals in workout efforts and receivership proceedings. Edgewater ultimately shut down, while Grant was sold.

• On behalf of an institutional provider (and triggered by a whistleblower complaint), Sonnenschein attorneys coordinated an extensive internal investigation of time and effort reporting and Federal grant cost allocation issues.  Despite involvement by the FBI and the U.S. Attorney’s Office, the matter was resolved without the imposition of fines or penalties. 
• Sonnenschein prepared HIPAA-compliant authorization forms and IRB/Privacy Board policies and procedures, and trained IRB members and hospital staff regarding HIPAA’s impact on clinical research. 
• Sonnenschein conducted an internal audit of the research-related billing practices of a health system and prepared policies and procedures to ensure ongoing compliance with Federal and private payor requirements. 
• The Firm has represented several providers in connection with FDA bioresearch monitoring investigations of IRBs. 
• On behalf of a medical school, Sonnenschein attorneys conducted an internal audit of selected clinical study and IRB files in an effort to determine compliance with FDA medical device and FDA and HHS human subject regulations. 
• On behalf of both teaching hospitals and community hospitals, the Firm has created (and regularly updates) IRB standard operating policies and procedures. 
• In connection with an IRS Coordinated Examination Program audit, a Sonnenschein attorney successfully formulated and briefed the position of a university that all revenues received from clinical trial research were substantially related to the university’s tax-exempt purposes and, as such, not subject to unrelated business income tax. 
• Sonnenschein has prepared clinical trial research agreements for several pharmaceutical and medical device manufacturers. 
• The Firm has represented a variety of institutions and investigators in connection with allegations of scientific misconduct. 
• On behalf of both sponsors (pharmaceutical and device manufacturers) and research sites (institutions and physician practices), Sonnenschein attorneys have negotiated clinical research, confidentiality, non-disclosure, and indemnification agreements. 

• Sonnenschein attorneys represented an academic medical center in connection with the development of a research park and a proposed asset sale of a university hospital and clinical facilities to a large, for-profit hospital chain. 
• On behalf of a not-for-profit health system, Sonnenschein attorneys structured the affiliation between one of the system’s hospitals and a large multi-specialty medical group.  This matter involved the extension of a subordinated loan facility to the medical group to satisfy the solvency requirements of its provider-sponsored health maintenance organization, and the negotiation of equity participation by the hospital in the medical group. 
• In a first-of-its-kind transaction, a multi-disciplinary team of Sonnenschein attorneys represented a university and a not-for-profit consortium of universities in connection with the construction of a 1,750-bed student dormitory and multi-use facility in Chicago.  This representation included structuring and forming the consortium; negotiating a redevelopment agreement with the City of Chicago; obtaining the necessary public approvals and required tax exemption; and handling related Federal income tax matters and the issuance of $150 million in tax-exempt bonds.
• Through the Illinois Health Facilities Authority, Sonnenschein attorneys have served as counsel to a hospital, medical center and health plan in connection with a series of publicly and privately issued bonds, totaling approximately $100 million, for improvements to existing structures and the development of new facilities.
• On behalf of a large community hospital, Sonnenschein attorneys developed and implemented an affiliation with another community hospital in the State, designing a unique structure that balanced the need for continued local hospital influence with the benefits of regional system integration.
• Sonnenschein attorneys represented a not-for-profit hospital in the development of a joint venture heart hospital with approximately 75 local cardiologists and cardiovascular surgeons.  This representation involved the preparation of a comprehensive offering memorandum (identifying investment, business, governmental, and tax risk factors) for distribution to potential investors.
• On behalf of an academic medical center, Sonnenschein attorneys provided legal services in connection with the sale of a health maintenance organization jointly owned by the hospital and a medical school to a national health plan.
• The Firm advised a hospital on setting up a governing board process for the review and approval of compensation for individuals likely to fall within the category of “disqualified persons” under intermediate sanction regulations.
• Sonnenschein attorneys assisted a trade association of hospitals and health systems in revising its corporate governance policies to reflect the principles of corporate responsibility set forth in the Sarbanes-Oxley Act of 2002, including the development of a Code of Ethics for senior financial personnel and a whistleblower protocol.
• Sonnenschein assisted a teaching hospital in restructuring its cardiovascular surgery program, which involved recruiting a nationally recognized cardiovascular surgeon to assume the role of chair of the newly created cardiovascular services department and negotiating and drafting the medical director agreement, professional services agreement, and other ancillary agreements between the surgeon, his professional corporation, and the hospital.
• Sonnenschein attorneys represented a teaching hospital in a joint venture with oncologists to form a limited liability company to purchase state-of-the-art equipment, including PET/CT scanners, linear accelerators and other equipment used in the diagnosis and treatment of cancer and to lease that equipment to the hospital for use in its cancer center.
• The Firm represented a group of hospitals in connection with the restructuring of their existing senior and subordinated debt agreements and negotiation of a new health care receivables purchase facility.
• Sonnenschein has served as primary intellectual property counsel for a large teaching hospital and its foundation, providing patent preparation and prosecution, litigation, and licensing services.
• Sonnenschein attorneys advised a national group purchasing organization (GPO) in connection with a joint venture arrangement between the GPO and a national insurance company.

• On behalf of an institutional provider (and triggered by a whistleblower complaint), Sonnenschein attorneys coordinated an extensive internal investigation of time and effort reporting and Federal grant cost allocation issues.  Despite involvement by the FBI and the U.S. Attorney’s Office, the matter was resolved without the imposition of fines or penalties. 
• Sonnenschein prepared HIPAA-compliant authorization forms and IRB/Privacy Board policies and procedures, and trained IRB members and hospital staff regarding HIPAA’s impact on clinical research. 
• Sonnenschein conducted an internal audit of the research-related billing practices of a health system and prepared policies and procedures to ensure ongoing compliance with Federal and private payor requirements. 
• The Firm has represented several providers in connection with FDA bioresearch monitoring investigations of IRBs. 
• On behalf of a medical school, Sonnenschein attorneys conducted an internal audit of selected clinical study and IRB files in an effort to determine compliance with FDA medical device and FDA and HHS human subject regulations. 
• On behalf of both teaching hospitals and community hospitals, the Firm has created (and regularly updates) IRB standard operating policies and procedures. 
• In connection with an IRS Coordinated Examination Program audit, a Sonnenschein attorney successfully formulated and briefed the position of a university that all revenues received from clinical trial research were substantially related to the university’s tax-exempt purposes and, as such, not subject to unrelated business income tax. 
• Sonnenschein has prepared clinical trial research agreements for several pharmaceutical and medical device manufacturers. 
• The Firm has represented a variety of institutions and investigators in connection with allegations of scientific misconduct. 
• On behalf of both sponsors (pharmaceutical and device manufacturers) and research sites (institutions and physician practices), Sonnenschein attorneys have negotiated clinical research, confidentiality, non-disclosure, and indemnification agreements. 

• Firm attorneys have provided ERISA-related assistance to a several health care institutions in the design, implementation, administration, and revision of qualified pension and profit sharing plans, welfare plan arrangements, benefit plans, executive compensation programs, profit-sharing, and stock options, among other benefit offerings. 
• Sonnenschein attorneys represented major institutional clients with respect to amendments to post-retirement medical benefit plans in order to reduce or eliminate extremely large potential liabilities.
• Firm attorneys advised an insurer concerning its dual role as plan sponsor and provider of insurance coverage to its in-house plans.
• Sonnenschein counseled an insurance company concerning prohibited transaction issues in transactions involving insurance company separate accounts with ERISA plan investors and governmental plan investors not subject to ERISA.
• The Firm represents institutional lenders and investors, including insurance companies, in connection with ERISA fiduciary questions, leveraged ESOP transactions, prohibited transactions; and ERISA plan asset issues in various financings, acquisitions, and dispositions.
• The Firm represents several hospitals in connection with various executive compensation matters, including employment agreements, severance plans, retention plans, stock option plans, and golden parachutes.
• The Firm represented a major lender involved in a spin-off of 204 hospitals to an ESOP-controlled corporation.
• Sonnenschein represented several plan sponsors and institutional fiduciaries in connection with the conservatorship of a large life insurance company.
• The Firm has counseled several major institutional clients with respect to amendments to post-retirement medical benefit plans in order to reduce or eliminate extremely large potential liabilities.

• On behalf of one of the nation’s most prestigious health systems and three of its hospitals (one of which is a prominent teaching hospital), Sonnenschein attorneys reviewed and analyzed dozens of arrangements between and among the health system, hospitals, medical groups under contract with the hospitals, and scores of physicians affiliated with these medical groups under Federal and State anti-kickback, physician self-referral, and reassignment laws. 
• Firm attorneys analyzed marketing materials developed by a pharmaceutical company demonstrating “spread” between the manufacturer’s products and Medicaid reimbursement, Medicare reimbursement, and private payor reimbursement, under the Federal anti-kickback law. 
• Sonnenschein represented an academic medical center operating under State authority in connection with a multi-million dollar civil False Claims Act (qui tam) action alleging that the center and numerous faculty departments had engaged in various fraudulent billing and coding schemes.  The case ultimately was dismissed without the imposition of damages, fines, or a corporate integrity agreement.
• On behalf of a pharmaceutical manufacturer, attorneys analyzed an arrangement pursuant to which the manufacturer would design and maintain a website for physicians, and physicians would allow the manufacturer to have banner advertisements and links to the manufacturer and other web sites, under Federal and State fraud and abuse, physician self-referral, physician licensure and pharmacy laws. 
• On behalf of a hospital, Firm attorneys reviewed and analyzed a proposed joint venture between the hospital and various physicians to develop and operate an ASC under Federal and State anti-kickback and physician self-referral laws. 
• Sonnenschein has represented numerous hospitals (as well as other providers and suppliers) in Medicare overpayment disputes and audits involving fiscal intermediaries and carriers.  For example, Sonnenschein attorneys worked with a large community mental health provider to reduce a $1 million overpayment demand to less than $40,000. 
• On behalf of a medical device manufacturer, Firm attorneys analyzed the fraud and abuse implications of an arrangement pursuant to which the manufacturer would offer one item at no separate charge provided the supplier purchased another item at designated volumes and prices.
• Firm attorneys recently counseled a prominent teaching hospital on how to structure its multi-million dollar personal services and clinical research support arrangements with the hospital’s affiliated university and faculty plan to comply with Federal anti-kickback and physician self-referral laws.
• The Firm furnished advice to a medical school on structuring faculty incentive compensation in accordance with Federal anti-kickback, physician self-referral, and gainsharing laws. 
• On behalf of a medical professional society, Firm attorneys have worked closely with the HHS OIG, CMS’ Program Integrity Unit, and the Medical Directors of several Medicare Part B carriers on a variety of coverage, reimbursement, local medical review policy, and anti-kickback law issues. 
• Firm attorneys analyzed the fraud and abuse implications of arrangement pursuant to which a pharmaceutical manufacturer would provide administrative fees to a PBM as part of agreement with the PBM covering formulary status of the manufacturer’s products. 
• Sonnenschein attorneys represented a national chain of rehabilitation hospitals in connection with alleged billing improprieties concerning the use of ancillary medical supplies.  The Firm conducted an internal investigation, assisted the client in determining the scope of the overpayment at issue, and negotiated a resolution of the matter with the OIG. 
• Firm attorneys successfully represented two academic medical centers under investigation as part of the Federal government’s Physicians At Teaching Hospitals (PATH) initiative. 
• Practice Group attorneys represented three national hospital alliances and group purchasing organizations in connection with proceedings initiated by HHS OIG as well as multiple State Attorney General Offices and State Medicaid Fraud Control Units. 
• Health care attorneys assisted a national group purchasing organization in connection with an investigatory audit initiated by the HHS-OIG Office of Audit Services.
• Firm attorneys helped various hospital systems design and implement corporate compliance programs and detailed, written policies and procedures relating to Medicare and Medicaid coverage, billing, and reimbursement practices. 
• On behalf of multiple national group purchasing organizations (GPOs), our health care attorneys analyzed vendor and provider contracts and each GPO’s vendor selection process under Federal and State anti-kickback, physician self-referral, antitrust and gainsharing laws.
• On behalf of several national group purchasing organizations (GPOs), practice group attorneys have developed corporate compliance plans specifically designed to meet the unique needs of the GPOs and provided guidance on the application and implementation of such plans. 

• On behalf of a Federal contractor/operator of stand-alone primary care clinics for the Department of Veterans affairs, the Firm devised and implemented a comprehensive strategy for engaging individual Members of Congress, relevant Committees of Jurisdiction, and the Department of Veterans Affairs to address issues relating to enrollment, payments, and third-party collections within the VA health care system.  The Firm also provided counsel and assistance with respect to the client’s interest in expansion to the TRICARE market, and the community primary care system of the District of Columbia.
• The Firm represents a national high profile cancer foundation in the development of a national health plan for cancer — including elements of research and development, detection and prevention, treatment and survivorship issues.  Sonnenschein assisted the foundation in the development of authorization legislation, Federal appropriations, and Congressional relations, including high profile meetings and events with Senators, Members of Congress, and the White House in support of the client’s agenda.
• Sonnenschein represented a top 10 financial institution in the Federal marketing and deployment of electronic claims and payments processing technologies with the Department of Veterans Affairs and Centers for Medicare & Medicaid Services.
• Firm attorneys represented a university health system with appropriations counsel, Congressional outreach and agency partnership development.  Sonnenschein provided assistance and counsel to the medical center’s venture capital arm in the development of new technologies through research and development, as well as with agency and Congressional relationship building initiatives.
• Health care attorneys represented an industry-leading medical prosthetic device manufacturer in developing a cooperative research agreement with the Walter Reed Army Medical Center and Department of Veterans Affairs, including securing Federal funding to support the project.  Sonnenschein assisted the client with partnership initiatives and sponsorship opportunities with voluntary health associations in the amputee and disability communities.
• Sonnenschein attorneys assisted one of the largest national group purchasing organizations (GPOs) in preparing to testify before the United States Senate on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights concerning its business operations and advised the GPO in ensuing negotiations related to the GPO’s business model.  Thereafter, we advised the GPO on the development and implementation of policies and procedures designed to allay the Senate’s concerns.  One-year later, Sonnenschein again assisted the GPO to prepare and present a “progress report” to the Senate Subcommitee.  

• Sonnenschein attorneys have advised an online disease management company regarding state practice of medicine laws, drafted agreements (e.g., Web Site Terms and Conditions, Privacy Policies, Membership/User Agreements, etc.) and provided guidance regarding HIPAA privacy and security regulations. 
• For a physician-owned Internet start-up company, Firm attorneys completed a Federal and comprehensive multi-State survey of anti-kickback, self-referral and fee-splitting laws and regulations and provided advice on an organizational structure designed to comply with such laws.  In addition, the Firm provided general advice on corporate/transactional matters and drafted the company’s Internet agreements as well as its membership/user agreements and physician participation agreements. 
• Sonnenschein represented a top 10 financial institution in the Federal marketing and deployment of electronic claims and payments processing technologies with the Department of Veterans Affairs and Centers for Medicare & Medicaid Services (CMS).
•  Sonnenschein attorneys have provided guidance to a health system in connection with both HIPAA privacy and security issues and fraud and abuse/self-referral issues raised in connection with its conversion to an electronic medical records system and the provision of computer access/equipment to medical staff physicians. 
• Firm attorneys provided advice to a large health care data clearinghouse on structuring its operations in compliance with State and Federal privacy obligations, including the HIPAA Privacy Rule and State law restrictions on the use and disclosure of social security numbers. 

• Firm attorneys have developed policies and procedures for various health care providers in preparation for JCAHO, NCQA, and contracted health plan surveys. 
• On behalf of hospitals and other providers, Sonnenschein attorneys have performed legal assessments of disciplinary and deficiency allegations, responded to inspection and survey reports, and challenged inspection and survey findings. 
• Sonnenschein attorneys have counseled clients and obtained advisory opinions regarding the CON implications of a variety of projects, including the creation and/or discontinuation of categories of service and substantial renovation and construction projects.  The Firm also advises clients regarding threshold issues such as expenditure minimums and covered health services definitions. 
• The Firm represented a California hospital in the reinstatement of its Medicare certification after it was decertified for EMTALA “patient dumping” violations. 
• Sonnenschein attorneys have conducted comprehensive facility-wide surveys and recommended courses of action to resolve identified deficiencies in Medicare Conditions of Participation, State licensing regulations, JCAHO, NCQA and other applicable standards. 
• On behalf of numerous hospitals, Firm attorneys have prepared, reviewed and revised medical staff bylaws, ensuring compliance with JCAHO accreditation medical staff standards. 
• Sonnenschein attorneys have designed institutional policies and procedures to comply with Medicare Conditions of Participation and State licensure requirements for numerous hospitals and other providers. 
• The Firm negotiated with regulators in connection with placing a client-hospital’s license in suspension during a bankruptcy auction to facilitate the eventual purchase of the facility by another hospital operator. 
• Sonnenschein attorneys have advised cancer centers, radiation oncology centers and medical office buildings regarding alternative structures for various projects and joint ventures in order to avoid CON requirements (or minimize CON implications). 

• Firm attorneys represent a large pharmaceutical manufacturer in a substantial Multi-District Litigation (MDL) matter involving private party allegations relating to Medicare pharmaceutical pricing fraud and violations of the Federal R.I.C.O. statute.
• Sonnenschein represents a large insurance company in a Federal False Claims Act matter involving the Federal Medicare Secondary Payor (MSP) regulations.
• Sonnenschein represented a large pharmaceutical manufacturer in State False Claims Act litigation brought by the State Attorney General alleging allegations of price reporting fraud and State anti-kickback violations.
• Sonnenschein attorneys defended individual pharmaceutical industry employees in connection with Federal criminal charges alleging violations of the Federal anti-kickback law, the Medicaid Drug Rebate Statute, and the Prescription Drug Marketing Act.
• Sonnenschein assisted a major pharmaceutical manufacturer in investigating unfair trade practice claims relating to a medical device licensing agreement.
• Sonnenschein represented a pharmaceutical wholesaler served with a third-party investigative subpoena by a United States Attorney’s Office.
• Sonnenschein attorneys helped a health care grant recipient conduct an internal investigation of an employee’s misappropriation of Federal grant funds and disclose the misappropriation to affected Federal agencies.

• Sonnenschein defended a major insurer under investigation by the Department of Health and Human Services Office of Inspector General for alleged violations of the Medicare Secondary Payer rules. 
• At the request of three major health insurance associations, Sonnenschein attorneys conducted a nation-wide preemption analysis under the HIPAA and State privacy laws affecting insurers and health care providers. 
• The Firm represented the nation’s largest Medicaid managed care plan in litigation and regulatory compliance matters. 
• Health care attorneys advised a State department of insurance with respect to corporate and regulatory issues involved in the conversion of a not-for-profit health insurer into a for-profit health insurer. 
• Sonnenschein provided counsel to an insurer regarding the scope of coverage required for post-mastectomy reconstructive surgery under the Women’s Health and Cancer Rights Act. 
• The Firm advised a large health plan on compliance issues concerning Federal privacy and security rules, as well as health care fraud and abuse laws and regulations. 
• Sonnenschein attorneys provided privacy, security and regulatory counseling to a publicly traded application service provider and software vendor servicing health plans and insurance companies. 
• Sonnenschein counseled a national behavioral health plan on privacy and security issues. 
• The Firm advised an insurer regarding reimbursement issues arising under the Department of Defense Third-Party Payer Program and other coordination of benefit issues. 

• Sonnenschein attorneys represent nonprofit hospitals and their medical staffs in drafting, updating, revising, and interpreting medical staff bylaws.
• The firm represents nonprofit hospitals and their medical staffs in advising and defending physician peer review and disciplinary matters and investigations.
• Health care attorneys assist hospitals in drafting conflict of interest policies addressing ownership interests by medical staff members in competing specialty hospitals or ASCs.  Conversely, attorneys advise physicians and physician groups on the reasonableness and appropriateness of such polices as applied to them.
• Sonnenschein advises hospitals as to the legality, under the Federal anti-kickback and Stark laws, of providing temporary assistance to members of the medical staff in obtaining professional liability insurance in States experiencing severe access or affordability problems.           
• On behalf of two hospitals preparing for upcoming JCAHO accreditation review, Sonnenschein attorneys updated the medical staff bylaws to incorporate recent accreditation medical staff standards revisions.     
• Firm attorneys provided assistance to a hospital that found it necessary to summarily suspend a medical staff member’s surgical privileges based on imminent danger to patients.  As part of this representation, Sonnenschein assisted the hospital administrators and medical staff officers and committees in meeting the procedural requirements of the bylaws, including providing notice to the physician, conducting the suspension hearing and review process, and reporting the outcome to the National Practitioner Data Bank and State licensing agency. 
• Sonnenschein attorneys assisted an ambulatory surgical center and its medical staff officers and committees in conducting a peer review investigation into a surgeon’s high complication rate. 
• Sonnenschein advised nonprofit hospitals and clinics regarding obligations and alternatives for emergency room on-call coverage by their medical staffs and physician contractors.
• Firm attorneys advise hospitals with regard to closures of hospital services or departments, including notice and comment and related administrative-type hearings, and review of hospitals’ obligations to the members of medical staff. 
• Sonnenschein advises hospitals with regard to medical staff organization and structure in connection with hospital mergers and affiliations.

• Sonnenschein attorneys served as regulatory counsel for a publicly traded contract research organization in connection with litigation regarding the application of State privacy laws to data collected for research purposes.  Working closely with litigation counsel, the Sonnenschein attorneys helped shape the client’s litigation strategy regarding numerous complex HIPAA privacy issues.
• On behalf of a financial institution, Firm attorneys have analyzed the impact of various privacy authorities on their operations (e.g., lockbox). 
• Firm attorneys conducted a HIPAA privacy compliance audit for a national pharmacy chain, and prepared a compliance roadmap for the entity. 
• At the request of three major health insurance associations, Sonnenschein attorneys conducted a nation-wide preemption analysis under HIPAA privacy laws affecting insurers and health care providers.  We also developed a searchable, on-line product to present the analysis.
• Sonnenschein attorneys developed consumer-oriented education materials on several HIPAA topics under contract to the HHS Office for Civil Rights. 
• Firm attorneys conducted a HIPAA training seminar for more than 40 academic medical centers nationwide.
• On behalf of a health system, which includes a major medical center, HMO, insurance company and various ancillary services, Sonnenschein attorneys provided advice regarding all aspects of HIPAA compliance. 
• The Firm provided legal review of the HIPAA privacy policies and procedures of a leading application service provider and outsourcing vendor to the health care industry.
• Sonnenschein attorneys drafted and negotiated business associate agreements for numerous providers, health care clearinghouses and health plans
•  On behalf of a number of group health plans, the Firm has amended plan documents in compliance with the HIPAA Privacy Rule. 

• Acting as outside general counsel for a hospital system, Sonnenschein attorneys analyzed the system's off-campus facilities and operations to ensure compliance with Medicare's provider-based rules. 
• On behalf of a national insurer, Sonnenschein attorneys analyzed Medicare Secondary Payer issues arising in connection with claims administration and receipt of Medicare demand letters. 
• Sonnenschein attorneys have analyzed and structured countless hospital-physician joint ventures (e.g., cardiac cath labs and ASCs) to comply with applicable regulations (e.g., enrollment, independent diagnostic testing facility rules, and ASC conditions of participation).
• Firm attorneys provided advice to a large health care data clearinghouse on structuring its operations in compliance with state and federal privacy obligations, including the HIPAA Privacy Rule and state law restrictions on the use and disclosure of Social Security numbers.
• On behalf of a large national health plan seeking to expand into consumer financial products, Sonnenschein attorneys provided counsel on the interplay between the HIPAA Privacy Rule and other federal regulations governing electronic funds transfers. 
• On behalf of a large medical device manufacturer, we provided counseling on numerous Medicare coverage, coding and payment issues relating to the manufacturer's products.
• Sonnenschein attorneys provided antitrust and other regulatory counseling to a state association of medical groups. 
• On behalf of a national insurance association, Sonnenschein attorneys provided regulatory advice on issues of interest to association members and advocated for improvements in enforcement activities undertaken by CMS. 
• On behalf of a national group purchasing organization (GPO), Health Care Group attorneys analyzed vendor and provider contracts and the GPO's vendor selection process under federal and state anti-kickback, physician self-referral, antitrust and gainsharing laws.
• On behalf of a dental practice management company operating in four states, Sonnenschein attorneys prepared marketing guidelines summarizing applicable federal and state regulations governing the marketing and advertising of dental services.

• Sonnenschein attorneys have represented various multi-entity tax-exempt health care systems in connection with the formation of joint ventures with for-profit partners, including advice relating to the organization and operation of the joint venture under the St. David’s and Redlands Surgical cases, Rev. Rul. 98-15, and other standards promulgated by the IRS relating to the participation of a tax-exempt entity in a joint venture. 
• Sonnenschein attorneys represented various tax-exempt hospitals in connection with the transfer of assets to tax-exempt and for-profit entities, including advice regarding the potential application of inurement, private benefit and intermediate sanctions to the transaction. 
•  Health care attorneys represented a medical group in connection with a settlement with an entity controlled by a tax-exempt organization.  Representation included coordination with an independent appraiser to establish and document compliance with tax-exemption standards regarding the fair market value of the exchange between the tax-exempt entity and the separating physicians. 
• The Firm represented a tax-exempt hospital with respect to tax-exemption issues arising in connection with the provision of professional courtesy discounts to physicians and other members of hospital. 
• Health care attorneys represented a managed care organization with respect to issues arising in connection with a transaction with a tax-exempt entity controlled by a governmental entity. 
• Sonnenschein attorneys represented a tax-exempt hospital system in connection with the development and implementation of policies and procedures governing compliance with tax-exemption requirements including those relating to physician recruitment and approval of transactions with “insiders.” 
• Health care attorneys represented a large community foundation in connection with community foundation and unrelated business income tax (“UBIT”) issues.
• Firm attorneys represented a university in connection with issues by the Internal Revenue Service pursuant to a Coordinated Examination Program audit, including UBIT issues relating to revenues received from clinical trial research programs.