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
  • Served as counsel to Renal Ventures Management, LLC on its sale of interests in and new joint venture with Renal Center of Storm Lake and Renal Associate Holdings, LLC. Both Renal Ventures Management and Renal Associates Holdings, LLC are engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Served as counsel to Renal Ventures Management, LLC on its joint venture with Renal Center of Monroe and Hypertension and Nephrology Specialists Dialysis Ventures, LLC. Both Renal Ventures Management and Hypertension and Nephrology Specialists Dialysis Ventures, LLC are engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Served as counsel to Fertility Laboratory Sciences, LLC on its contribution and joint venture formation of Fertility Lab Sciences of New York, LLC.

  • Represented Regional Care Services Corporation, the parent company of Casa Grande Regional Medical Center based in Casa Grande, Arizona, in connection with negotiation of the sale of the hospital assets to Banner Health pursuant to an Asset Purchase Agreement and related transactions. Representation encompassed all aspects of this sophisticated sale transaction, including the sale process and APA, coordinating interim financing arrangements and reorganization under Chapter 11, and identifying and resolving all health care regulatory aspects of the foregoing.

  • 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.

  • Educated and engaged lawmakers on the needs of Veterans with hearing loss and the role of providers in ensuring timely hearing health visits are provided for Veterans. Successfully introduced legislation to increase the number of provider classes available to the VA while encouraging dialogue with the Administration on the utilization of appropriate providers throughout the VA health care system.

  • Preserving consumer access to, and reducing incidents of abuse of, common ingredients in over-the-counter allergy and cold medications.

  • Educated and engaged lawmakers on the needs of Veterans with hearing loss and the role of providers in ensuring timely hearing health visits are provided for Veterans. Successfully introduced legislation to increase the number of provider classes available to the VA while encouraging dialogue with the Administration on the utilization of appropriate providers throughout the VA health care system

  • 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.

  • Successfully pushed legislation requiring that Arizona pharmacies and retailers participate in a national database pre-clearance and tracking system to prevent the mis-use of psueoephedrine-containing products by those seeking to acquire large quantities for meth production. The statistics already have shown a significant decrease in the number and amount of “smurfing” activities, and the new law has resulted in the blocking of nearly 15,000 boxes of PSE from being sold illegally to date in Arizona in 2014.

  • 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.

  • Led the Coalition for Patient Safety and Medicine Integrity, a group of pharmaceutical, medical device and medical products companies, in developing the substance and strategy for passage of the SAFE DOSES Act, which modernized the criminal code to increase penalties for medical product cargo theft and provide law enforcement tools to deter and prosecute this criminal activity. At a time known for partisan gridlock in Congress, our Brownstein team successfully devised solutions for overcoming legislative paralysis, resulting in one of the few new laws enacted by the 112th Congress.

  • Working with Congressional committees of jurisdiction to challenge the Food and Drug Administration to apply more accurate risk/benefit profiles to needed therapies for obesity. Secured the introduction of and support for federal legislation to provide reimbursement for these therapies under the Medicare and Medicaid programs.

  • 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.

  • On behalf of Z-Medica, a medical device company, Judy worked to introduce the effectiveness of their product, QuikClot, to the military. QuikClot is now in widespread use in the military, in first responder and law enforcement units, and within various Homeland Security markets. The product is so effective that a military advisory committee recommended that all soldiers carry packets in their first-aid kits.

  • During the health care reform debate, helped a major pharmaceutical company successfully advocate for a new FDA-approval pathway for follow-on biologic treatments in a way that preserves the United States' competitive edge in biotechnology while ensuring an appropriate balance between investment in new discovery and containing costs to patients.

  • Preserving data protections for costly, research intensive, biological pharmaceutical products; ensuring appropriate reimbursement rates for life sustaining products; and including healthy lifestyle initiatives in the Affordable Care Act.

  • Assisted a large international health care company in protecting patient access to life-sustaining clotting factor treatments by advocating for a limited increase in mandatory price discounts.

  • Worked on behalf of a small biopharmaceutical company to ensure new Medicaid rules would not make it cost-prohibitive to provide its rare-disease medicine to Medicare recipients.

  • 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).

  • Successfully defended a medical malpractice insurer against charges in market conduct examination by the Colorado Division of Insurance; represented the insurer on appeal of an adverse ruling before the Colorado Court of Appeals.

  • 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.

  • Assisted a small pharmaceutical company in obtaining appropriate reimbursement rates under new health reform law.

  • Helped physician owned hospital retain its governing structure in health care reform.

  • In Health Care Reform, aided a major pharmaceutical company in its successful fight to preserve patent protection for costly, research intensive, biological pharmaceutical products.

  • Represented an artificial heart valve company in a $20 million supply contract dispute resulting in favorable mitigation of client exposure and the eventual sale of the company to a major healthcare conglomerate.

  • Represented a Medicaid/Medicare services provider in a dispute with the federal government resulting in a 10th Circuit victory against the Department of Health and Human Services.

  • 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).

  • Assisted a major health foundation in engaging Congress and federal stakeholders for over five years. Judy helped move the foundation’s issues to the forefront of health policy and successfully lobbied members to hold a hearing featuring testimony from the foundation. She subsequently worked with the Office of the Surgeon General, lawmakers and HHS officials which led to the first ever Surgeon General’s report on Osteoporosis and Bone Health.

  • Regularly represents health plans in first and third party health service contract disputes.

  • Successfully represented health plan in multiple ERISA actions.

  • Represented health plan in a seven week jury trial involving multi-party litigation seeking to hold managed care health plan liable for decisions made at the medical group and physician level.

  • Represented international health plan in litigation against state wide medical provider involving a contract dispute related to overcharges in the tens of millions of dollars.

  • Represented health plan in binding arbitration related to litigation against a medical provider involving incorrect billings and the appropriate level of care.

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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 Of Counsel 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 702.464.7006 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
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
Cate McCanless Senior Policy Advisor T 202.747.0505 cmccanless@bhfs.com
Judy A. Black Policy Director T 202.872.5285 jblack@bhfs.com
Michael B. Levy Policy Director T 202.872.5281 mlevy@bhfs.com
Martin L. Shultz Senior Policy Director T 602.382.4060 mshultz@bhfs.com