Practice Areas

Health Care Practice
The Rogers Law Firm provides legal services to all types of health care providers, including integrated health care delivery systems, hospitals, clinics, rehabilitation and skilled nursing facilities, ambulance services, physician groups, physicians, nurses and social workers. The firm takes pride in representing health care providers in a variety of legal issues, including:

  • Corporate governance
  • Contractual matters
  • Fraud and abuse investigations
  • Corporate compliance
  • Medical staff matters
  • Joint ventures
  • Clinical research
  • Civil commitments
  • Guardianships
  • Advance directives
  • Regulatory issues
  • Employment matters
  • Not-for-profit tax issues
  • Mergers and acquisitions
  • Litigation
  • Representation before professional licensing boards
  • Leases/real estate transactions
  • Risk management
  • Financing transactions

In the ever-evolving health care industry, the attorneys at The Rogers Law Firm are there for our clients to provide careful guidance and practical solutions.

Case Studies

Case Study: Hospital

TRLF was retained by a Boston-area acute care teaching hospital (the "Hospital") to provide legal services necessary for the planning, regulatory approval and construction phases for the building of the Hospital's new $30 million emergency department (the "Project"). TRLF provided the necessary services on a fixed-fee monthly retainer basis. This approach not only resulted in significant cost savings for the Hospital, but it also enabled the Hospital to effectively control the legal expenses associated with the Project.

As part of the planning phase, TRLF worked with the Hospital's management team to create a comprehensive task list that included all of the steps necessary to effect the construction of the new emergency department. TRLF then drafted the documents required to obtain the necessary corporate authorization for the Project from the Hospital's Board. Once the Project was authorized by the Hospital's Board, TRLF successfully represented the Hospital in obtaining approximately $11 million in tax-exempt financing for the Project through the Massachusetts Health and Educational Facilities Authority to supplement the approximately $20 million the Hospital had raised for the Project through private donations.

During the regulatory approval phase of the Project, TRLF represented the Hospital before multiple regulatory agencies, including the following:

  • Boston Redevelopment Authority;
  • Massachusetts Department of Public Health;
  • Massachusetts Historical Commission;
  • Boston Transportation Department;
  • City of Boston Performance Improvement Commission; and
  • Boston Water & Sewer Commission.

TRLF prepared the necessary regulatory filings for the Project, represented the Hospital in numerous hearings and presentations before these agencies, and negotiated various approvals and conditions with the agencies. As part of the construction phase of the Project, TRLF reviewed and negotiated the necessary construction contracts for the Project, including the agreements with the architect, the project manager, the general contractor and numerous vendors.

TRLF's representation of the Hospital and commitment to providing cost-effective, result-oriented legal services assisted the Hospital in constructing and opening a state-of-the-art Emergency Department facility.

Case Study: Physician Organization

The Rogers Law Firm ("TRLF") has represented small, medium and large physician groups in different specialties with various corporate structures in a substantial number of legal issues. The following examples illustrate the extensive experience TRLF has in resolving the myriad of problems that physician groups may confront on a regular basis:

  • TRLF was retained by a physician group on the South Shore to represent the group in the purchase of the practice of a local physician who was moving out of the country. TRLF's attorneys met with the leadership of the group to plan the purchase and then drafted and negotiated the Asset Purchase Agreement with the other physician and her attorney. The transaction addressed a variety of issues, including: the handling of the physician's medical records; the purchase of furniture, inventory and equipment; the transfer of the physician's accounts receivable; the transfer of non-physician staff; the assignment and assumption of liabilities; patient notification; and the assignment of the physician's existing lease agreement.

  • TRLF was retained by a small physician group that was under investigation by the Office of the Inspector General ("OIG") of the Department of Health and Human Services for potentially improperly submitted claims to Federal health care programs and improperly receiving a higher rate of reimbursement than was authorized under the reimbursement rules of the Federal health care programs. TRLF advised the group throughout the course of the investigation and successfully negotiated a Settlement Agreement and Certification of Compliance Agreement as between the OIG and the group.

  • TRLF was retained by a large physician group (400+) to address the group's concern regarding electronic communications between the group's physicians and their patients. Specifically, the group was concerned about maintaining patient privacy and medical malpractice issues that could arise as the result of emails between staff and patients. TRLF worked with the group's compliance officer and IT staff to create a Patient Electronic Communications Policy. The Policy addressed several issues including: encryption, patient informed consent and authorization to communicate with the staff via email; retention of emails as part of the patient's medical record; and email use restrictions (i.e. no acronyms or abbreviations in the emails).

  • TRLF was retained by a large physician group to draft an administrative policies and procedures manual applicable to all physicians in the group. TRLF met with the leadership of the group and drafted an extensive handbook that included numerous administrative policies and procedures, addressing such topics as: time records, competitive acts, professional fees, professional expense reimbursement, HIPAA, compliance monitoring, medical records, and continuing medical education. TRLF also created an "Expert Witness/Medical Advisor Policy" to address issues associated with physicians in the group being retained as expert witnesses and medical advisors.

Case Study: Life Sciences

The Rogers Law Firm's ("TRLF") Health Care Practice Group has extensive experience in the life sciences industry. The following case study demonstrates the scope of services TRLF can provide to a life science entity.

TRLF was retained to advise a hospital and a principal investigator as patent holders and equity participants with regard to the creation of a biotech start-up corporation (the "Corporation") involving the use of innovative gene therapy to treat patients with peripheral artery and cardiovascular disease. TRLF generally advised the hospital and the principal investigator with regard to overall structure and capitalization of the Corporation and specifically advised them with respect to the corporate documents, initial subscription documents, shareholder agreements, stock transfer agreements, technology licensing agreements, material transfer agreements, consulting agreements, various capitalization agreements and other related documents. Additionally, TRLF continued to advise the hospital and principal investigator with respect to subsequent capitalizations with venture capitalists and with regard to a merger acquisition by an outside pharmaceutical company.

The Corporation commenced certain clinical trials under the direction of the principal investigator at the hospital. The Office for Protection from Research Risks ("OPRR") of the National Institutes of Health requested that the hospital conduct an investigation of the clinical trials in response to media reports suggesting possible noncompliance with Department of Health and Human Services regulations for the protection of human subjects (45 CFR 46), and then submit a written report to OPRR. TRLF, acting in its capacity as general counsel for the hospital, undertook the requested investigation, including conducting the requisite interviews and document review. To assure impartiality, TRLF engaged and worked closely with special outside counsel with offices in Washington, DC and direct experience in working with OPRR. Upon completion of its investigation, the requested report was submitted to the OPPR and management at the hospital.

The family of a patient who was a research subject in a clinical trial of the gene therapy procedure undertaken by Corporation brought a medical malpractice/products liability/informed consent case against the hospital, the principal investigator and the Corporation following the patient's death. The plaintiff maintained at trial that the patient's death was the result of injury to the patient's heart either directly from the trauma of the needle delivering the gene or as a result of the gene that was transferred to the heart during the procedure. A significant portion of the trial was focused on the plaintiff's informed consent claims that the hospital and the principal investigator failed to obtain sufficient informed consent from the patient because they failed to disclose their financial interests in the Corporation which sponsored the clinical trial. The case received national attention as a result of the informed consent and failure to disclose financial interest claims. During the course of the 5-week trial, TRLF was able to demonstrate to the jury that the disclosure of the financial interest of the hospital and the principal investigator in the Corporation were not required by law at the time of the procedure, nor were such disclosures the standard utilized by other practitioners in clinical trials at that time. As a result, TRLF successfully in obtained a verdict in favor of the hospital and the principal investigator.