Health Care Litigation

Attorneys

Health Care Litigation

The rapid changes in health care regulation and in the health care market frequently generate disputes and litigation.

Whether health care disputes originate as litigation or as part of our health care practice, our litigation and health care attorneys work together, drawing on their knowledge and experience of the health care industry, health law and regulation, and the state and federal court and/or regulatory system.

The primary objective of our health law strategy is to avoid the financial and personal costs of litigation through application of risk management, proactive compliance, and litigation avoidance strategies.  Yet, when disputes or regulatory matters necessitate litigation, administrative proceedings, arbitration, or other actions, Ruder Ware works with hospitals, clinics, and physician clients to develop effective litigation strategies designed to protect their interests.

Our attorneys frequently provide subject matter expertise and support to other law firms in support of health care litigation.  Additionally, Ruder Ware has a developed network of expert support available as needed in disputes involving “niche” area disputes.

Health care litigation and litigation support services we provide to clients include:

  • Business disputes involving health care providers
  • Health care contract disputes
  • Government certification disputes
  • Ambulatory surgery center investor disputes and exclusions
  • Compliance investigations and support
  • Government investigations
  • Managed care litigation
  • Health care antitrust claims
  • Fraud and abuse matters
  • HIPAA investigations and government inquiries
  • Investigations regarding mental health and SAMHSA records
  • Patient grievance investigations and resolution
  • Medical staff credentialing disputes
  • State license investigations and disputes
  • State and federal administrative hearings
  • Disputes involving software and major system installations
  • Non-compete enforcement and defense
  • Self-disclosure and overpayment defense

Should legal disputes extend beyond Wisconsin, Ruder Ware’s affiliation with Meritas®, an international alliance of law firms, means our network of lawyers can provide counsel for clients anywhere in this country or around the world.

Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services. A full-service law firm, over 45 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.

Resolving Business Disputes

Posted on May 10, 2022 by

In a perfect world, business owners could spend all of their time and money focusing on a singular task:  running their business.  Despite the best laid plans, however, at some point ancillary concerns will arise and require—at least to some extent—that a business divert its resources to address and correct an issue.  One area of […]

New Stark Law Regulations May Impact Many Physician Practices

Posted on December 20, 2021 by

In my experience, most physician groups rely on the “in-office ancillary service” exception to the Stark Law when determining how to allocate revenues from designated health services among group members.  The Stark Law is, of course, the primary applicable area of law that is relevant to the structure of productivity compensation issues within medical groups.  […]

Federal Court Issues Nationwide Injunction Against Enforcement of the CMS Vaccination Mandate

Posted on December 1, 2021 by , and

A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement nationwide which takes place immediately. This is the second Federal Court injunction that has been issued enjoining immediate enforcement of the […]

CMS Issues Interim Final Rules with Comment Period Mandating Vaccination of Staff of CMS Regulated Providers/Suppliers

Posted on November 5, 2021 by

On November 4, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued Interim Final Rules requiring many of its regulated providers and suppliers to require staff and employees to meet COVID-19 vaccination requirements.  CMS chose to mandate vaccination by revising Conditions of Participations, requirements that providers and suppliers must meet to maintain certification to […]

HIPAA and COVID-19 – OCR Publishes Online Guidance on the Application of HIPAA

Posted on October 18, 2021 by

The Office of Civil Rights (“OCR”), which is the federal agency that enforces the health care privacy rules under the Health Insurance Portability and Accountability Act (“HIPAA”), recently published guidance covering various health care privacy issues relating to COVID-19.  The recently published guidance addresses a variety of HIPAA issues including whether a business or individual […]

Breaking News: Social Security Administration Announces 5.9% Benefit Increase for 2022

Posted on October 13, 2021 by

Today, the Social Security Administration announced in a press release that approximately seventy million Americans who receive Social Security and Supplemental Security Income (SSI) will receive a cost-of-living adjustment (“COLA”) seeing an increase in their benefits of 5.9% in 2022. Sixty-four million Social Security beneficiaries will see their 5.9% COLA increase in January 2022. Eight […]

The Affordable Care Act Survives Another (and Perhaps Final?) Constitutional Challenge

Posted on June 17, 2021 by and

The U.S. Supreme Court declined to strike down the Affordable Care Act once again today, the third unsuccessful constitutional challenge to the far-reaching health care law since it was enacted in 2010. This time, the seven-justice majority dispatched the claims on purely technical grounds and did not even reach the substantive issues. It was the […]

Matthew J. Shin Joins Ruder Ware

Posted on April 23, 2021 by

Matthew Shin’s intellectual property and business transactions practice has supported the development and commercialization of new technologies, products, and services in laboratories, factories, and computing systems around the world.      

Attorney Andrew Lorenz Joins Ruder Ware

Posted on April 23, 2021 by

Ruder Ware is pleased to announce the addition of Andrew Lorenz to our Eau Claire attorney team. An Eau Claire native,  Andrew is a 2018 magna cum laude graduate of the University of Wisconsin Law School.  Prior to beginning his legal career he served four years with the United States Marine Corps.  At Ruder Ware, […]

Supreme Court of Wisconsin Ends State Mask Mandate on March 31

Posted on March 31, 2021 by and

Today, March 31, 2021, the Supreme Court of Wisconsin ended the state-wide mask mandate after finding Executive Order (EO) #105 to be unlawful, ending it immediately.  Governor Tony Evers issued EO #105 shortly after the Wisconsin Legislature revoked EO #104. This decision also blocks Governor Evers from issuing further emergency orders under Wis. Stat. § 323.10 […]

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