Ropes & Gray is nationally preeminent in health law.  Since 1980, the firm’s Health Care Litigation Practice has been on the cutting edge of developments in this rapidly changing field.  We have been deeply involved in all aspects of the state and federal regulation of health care organizations, including reimbursement, determination of need, Medicare, Medicaid, and licensure.  We have been heavily involved in litigation surrounding industry restructuring activities, including internal corporate reorganizations, system building, and mergers and acquisitions.  Our lawyers are also experienced in structuring new economic relationships within and between health care providers.

The litigation we conduct for our broad base of clients is varied, ranging from antitrust to commercial and contract matters, regulatory and governmental issues, investigations by state and federal civil and criminal authorities, real estate and zoning, medical fraud, and labor and employment.  We have successfully litigated major issues of public policy in the health care field for provider clients, including cases establishing the criteria for the refusal of treatment by competent and incompetent patients, and cases defining the limits of medical peer review confidentiality.

We also serve our hospital clients in the conduct of internal proceedings, including the prosecution and structuring of peer review hearings and the conduct of internal investigations.  In addition, we are at the forefront of evaluating and implementing alternative dispute resolution mechanisms in health care.

How We Help Our Clients

• We routinely represent health care providers, suppliers, and other industry participants, in matters including allegations of fraud.  For additional information, please see our Government Enforcement Practice.
• We have represented hospitals sued as part of the so-called "Scruggs " charity care cases.
• We have represented clients seeking to enjoin physicians from violating non-compete agreements.
• As lead counsel for approximately 50 hospitals in the defense of a class action claim involving charges for hospital medical records, Ropes & Gray negotiated an effective settlement that was approved by the United States District Court.
• In major litigation brought by former employees, we successfully defended two physician groups serving New England medical centers.
• We represented hospitals in groundbreaking policy litigation regarding a patient’s right to refuse treatment and peer review confidentiality under state law.
• We have served health care clients in dozens of internal review proceedings involving physician credentials and discipline.
• In a lawsuit brought under a pharmacy–any-willing-provider statute, we defended the largest health maintenance organization in New England.
• We successfully prosecuted a licensure proceeding involving an innovative, HMO joint venture established in Maine between Blue Cross and a medical center.
• We have been instrumental several times in litigating the partial or complete conversion of nonprofit entities to for-profit status.
• We have represented providers and provider networks in major disputes with HMOs involving the interpretation and application of risk contracts.
• We also have brought suits on behalf of providers and provider networks challenging termination actions by HMOs, including a case in which we obtained injunctive relief against the termination of a Medicare risk contract.

For additional information, please click here to learn more about our corporate Health Care Practice.

Our Clients 

We represent top teaching hospitals, community hospitals, health maintenance organizations, integrated delivery systems, medical schools, pharmaceutical companies, and other health care providers and suppliers.

Contact

For further information on this area of practice, please contact:

• Michael K. Fee 
• John C. Kane, Jr.

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