Health care litigation. Managed care issues. Finance. Regulatory compliance. Transactional counsel. Government relations. If the matter involves health care, our multi-disciplinary Health Care Group has the breadth and depth of experience this complex sector demands.

Brownstein’s Health Care Group is a cohesive team of experienced litigators, transactional attorneys and regulatory and government relations professionals with extensive industry and regulatory knowledge, deal-making finesse, tax exempt financing expertise, litigation skills and policy know-how. From offices across the West, and in Atlantic City and Washington, D.C., we offer regional expertise and insight that transcends borders and reaches into the halls of Congress.

We represent industry-leading clients in the national health care arena, providing daily counsel on a wide array of regulatory, compliance, licensing, contracting, and government relations issues. We also provide litigation counsel. Our clients include national HMOs and PPOs, managed care entities, hospitals and hospital systems, provider groups, IPAs, third-party administrators, government contractors, dialysis providers, physician groups and individual health care professionals, and manufacturers and distributors of pharmaceuticals, medical devices and health care technology.

Members of our team are recognized as leaders in the field of health care law, and include former in-house legal counsel to national health care entities, giving them insight into the impact of health care regulation on business operations.

Representative Matters
  • Provided general corporate and health care regulatory advice to Colorado Pain Care, LLC in connection with its joint venture formation and participation in private equity backed pain care platform.

  • Represented Union County, New Mexico in connection with general corporate and health care regulatory matters with respect to Union County General Hospital, including operating and management agreements and potential acquisition of hospital assets.

  • Represented Casa Grande Regional Medical Center in its Agreement and Plan of Merger by and among Cancer Treatment Services Arizona, LLC, Cancer Treatment Services International, Arizona LLC, Regional Health Care Ventures and Arizona Radiation Therapy Management Services, Inc.

  • Served as counsel to Renal Ventures Management, LLC on its contribution and joint venture formation of Renal Center of Morristown, LLC and Renal Center of Succasunna, LLC, and the subsequent acquisition of assets from AHS Hospital Corp. and financing. Renal Ventures Management provides intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Led a multidisciplinary corporate, tax and health care team on behalf of a healthcare company in creating innovative new joint venture ownership structure for in vitro fertilization labs, leveraging best of breed technologies and best practices through licensing and management systems. Researched and created innovative corporate and business structure achieving business priorities while addressing competing requirements in areas of corporate, tax, insurance, consumer finance, and health care, including restrictions on corporate practice of medicine, fee splitting, self-referral, and anti-kickback.

  • Represented Caduceus, LLC in the acquisition, development and financing of real property in Saginaw, MI; Sandy, OR; Locust Grove, VA; and Ankeny, IA; and the sale of medical office buildings in Chicago, IL; Hainesport, NJ; Chula Vista, CA; and Amarillo, TX.

  • Represented the TriZetto Group, Inc. in its acquisition of Healthcare Productivity Automation, LLC, a Franklin, Tennessee based company that employs a highly advanced, cloud-based claims workflow tool, Health Mason.

  • Successfully defended one of the country's largest ambulatory health care companies in litigation against physician group.

  • Represented Renal Ventures Management, LLC in its divestiture of certain assets by Renal Center of Midland-Odessa, LLC to Bio-Medical Applications of Texas, Inc.

  • Catholic Healthcare West Mercy Gilbert Medical Center v. PacifiCare of Arizona, Inc., Arbitrated issue of whether Medicare-based reimbursement under an MA Plan contract includes capital costs for "new hospital" when paid on a cost basis and not prospectively under the IPPS Pricer, and issue of the application of Hall Street to standard of judicial review of arbitration awards in Arizona.

  • Served as Nevada counsel to BWAY Holdings Company and its Nevada subsidiary. Brownstein issued an Exhibit 5 opinion in connection with the registration of 10% senior notes and guarantees relating to an exchange offer.

  • Aircare 1 International v. United Healthcare Insurance Company, Obtained dismissal of third-party provider's misrepresentation claims that were found preempted by ERISA where the dispute was over the amount, not the existence of coverage. 1:10-cv-01186-ACT-LFG (D. N. Mex. 2011) (United States Court of Appeals for the Tenth Circuit No. 11-2107).

  • Regional Care Services Corporation v. Companion Life Insurance Company. Obtained judgment for a self-funded ERISA plan in recovery against stop-loss carrier that contested the plan administrator's discretion to determine eligibility and interpret the terms of the plan. The district court ruled that the stop-loss insurer was bound by the plan administrator's decision. 869 F. Supp. 1079 (D. Ariz. 2012).

  • Parra v. PacifiCare of Arizona, Inc., 715 F.3d 1146, (9th Cir. 2013). Representation of MA Plan on issue of MA Plan's private right of action under the Medicare Secondary Payer Act (MSPA) for third party recovery.

  • Assisted Western Athletic Clubs reorganize its corporate structure through internal corporate mergers.

  • Assisted Aion Partners LLC in its corporate structuring and private placement of limited liability company units to raise equity for bringing its technology to market. Brownstein also secured the intellectual property rights for Aion to sell its proprietary, green technology that minimizes the occurrence of hospital-acquired secondary infections.

  • PacifiCare of Arizona, Inc. v. Surgical Assistant Associates, L.L.C. Obtained judgment against non-Medicare licensed provider enjoining balance billing and order that provider must accept Medicare reimbursement rates when providing services to MA Plan enrollees. 2007 WL 708833 (D. Ariz. 2007).

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Meet The Team

John C. West Shareholder T 602.382.4070 jwest@bhfs.com
Edward A. Stumpp Shareholder T 310.564.8681 estumpp@bhfs.com
Michael W. King Shareholder T 303.223.1130 mking@bhfs.com
Julie A. Sullivan Associate T 303.223.1231 jsullivan@bhfs.com
Alexander R. Dahl Shareholder T 202.747.0508 adahl@bhfs.com
Adam J. Agron Shareholder T 303.223.1134 aagron@bhfs.com
Andrew S. Brignone Shareholder T 702.474.7341 abrignone@bhfs.com
Janna Day Shareholder T 602.382.4056 jday@bhfs.com
Ryan C. Curtis Associate T 602.382.4061 rcurtis@bhfs.com
Justin M. Hahn Associate T 303.223.1277 jhahn@bhfs.com
Michael Preston Green Shareholder T 602.382.4057 mgreen@bhfs.com
Alfred E. Mottur Shareholder T 202.872.5284 amottur@bhfs.com
Bryce C. Loveland Associate T 702.464.7024 bcloveland@bhfs.com
Gino A. Maurelli Shareholder T 303.223.1115 gmaurelli@bhfs.com
R. James Nicholson Senior Counsel T 202.652.2344 jnicholson@bhfs.com
Christopher D. Reiss Shareholder T 303.223.1144 creiss@bhfs.com
Christine A. Samsel Shareholder T 303.223.1133 csamsel@bhfs.com
Thomas B. Romer Shareholder T 303.223.1137 tromer@bhfs.com
Ana Lazo Tenzer Shareholder T 303.223.1156 altenzer@bhfs.com
Michael F. Tamm Shareholder T 602.382.4075 mtamm@bhfs.com
Margaux Trammell Shareholder T 303.223.1192 mtrammell@bhfs.com
Lisa R. Cheeseman Paralegal T 602.382.4069 LCheeseman@bhfs.com