Medical and healthcare law focuses on the legislative, executive, and judicial rules and regulations that govern the medical and health care industry. The medical and health care industry includes hospitals and hospital systems, other health care providers (such as nursing homes, psychiatric centers, acute care centers and health maintenance organizations), public and private insurers, pharmaceutical and device manufacturers, the individual practitioners who treat patients and patients.
For all aspects of medical and healthcare law in Turkey, there are binding rules that govern the rights and responsibilities of governments, health workers, companies, civil society and a country’s population. Together these rules make up the legal framework, or legal architecture for health. They take many forms including: statutory laws, regulatory and administrative laws, contracts, case law, and customary laws. Who is involved in making these rules, and the form they take, differs from country to country.
Healthcare is one of the most complex, fastest growing and heavily regulated industries, requiring specialised legal representation. Bicak understands the dynamic nature of the health care industry and provides practical and effective advice to health care providers throughout the industry.
Mediacaal and Healthcare laws are used to formalize commitment to goals, such as the goal of universal health coverage, creating a drive for action. To enable cooperation and achieve health goals, people use law to create different organizations (such as public or private hospitals) and relationships (such as contracts for providing health services). In turn, organizations (whether health ministries, the private sector or civil society) have mandates, policies and strategies based on legal rules that guide their work.
There are also many rules that structure what health organizations and individuals should do, and what they may not do. This interaction between different health laws results in health system functions being carried out and health products and services being delivered.
Health care industry representation
Our medical and healthcare lawyers represent clients in the health care industry in connection with general corporate matters, including corporate reorganization, capital financing, employee benefits, tax, and antitrust issues and general contract negotiation. In addition, our health care lawyers often provide advice regarding physician recruitment, acquisition of physician practices, and medical staff relations matters. Our lawyers also provide guidance concerning Medicare and Medicaid fraud, abuse and payment issues, insurance regulation, telemedicine and health reform issues. They, inter alia, address risk management, informed consent, confidentiality, and bioethical issues including end of life decision-making, assisted reproduction, and health care decision-making.
Bicak’s healthcare lawyers help clients meet the challenges they face in today’s rapidly changing enforcement, regulatory, and scientific environments. We represent a range of companies, including drug, biotech, and medtech manufacturers, healthcare providers and healthcare services companies, and professional associations. Our medical and healthcare lawyers represent clients before local and central goverment agencies that regulate the health care industry. They also assist health care providers with various types of litigation, including medical malpractice, fraud and abuse claims, antitrust issues, breach of contract disputes, intellectual property matters, real estate issues, Medicare and Medicaid reimbursement matters, and labor and employment disputes.
Numerous areas of legal expertise
Our multi-disciplinary team of lawyers assist with numerous areas of legal expertise required by the health care industry including labor and employment, corporate transactions and finance, corporate and government investigations, real estate, land use, bankruptcy and restructuring, privacy and cybersecurity, and intellectual property.
Healthcare Regulatory and Compliance
Corporate compliance is the cornerstone of our health law practice. With our vast experience, we work with clients to develop and implement risk-management programs and guidance that help create an effective compliance culture.
Healthcare transactions are complex and must comply with a large number of regulatory requirements and address a host of ongoing, day-to-day operational concerns. To achieve long-term business success, guidance from experienced corporate and regulatory counselors is essential. We counsel clients at every step of a transaction, from initial strategy development negotiation, through the closing of the deal.
Our lawyers have significant experience with mergers, acquisitions and sales in the health care industry, as well as with joint ventures, capital formation, debt and equity financing and recapitalization. Our familiarity with the widely varying business models and competitive concerns of single hospitals, multi-hospital systems, physician and other professional practices, surgery centers, imaging centers, long-term care providers and others enables us to handle all the documentation and structuring of an acquisition, merger or divestiture. That includes the often-complex regulatory approvals, governance issues and financing concerns that can arise when the deal involves for-profit and not-for profit entities, or strictly licensed providers.
Labour and Employment
Our labor and employment lawyers have decades of experience representing the health care industry and regularly provide a full range of labor and employment services. From hiring, screening and background checks to drug testing, discipline and termination, we provide our health care clients with information that helps protect them from possible lawsuits. We assist them in developing policies, procedures and handbooks, and with staff and executive training.
Corporate and Goverment Investigations
When issues of employee fraud, corruption, or corporate wrong-doing arise, our lawyers represent corporations, boards of directors, and executives in implementing internal investigations, and representing them in related government investigations, enforcement actions, or administrative proceedings. On behalf of our health care clients we have handled internal investigations regarding numerous issues including potentially improper referrals, billing practices, and other alleged regulatory concerns; investigations, complaints and cases brought against health care entities by the Ministry of Health.
On behalf of our clients, Bicak’s real estate lawyers have purchased and sold hospitals, skilled nursing and other health care facilities, and advised on related licensing and regulatory matters. We assist clients with leasing issues and construction matters.
Land Use ans Environmental Law
When building new facilities or expanding existing ones, our land use and environmental lawyers assist health care providers with entitlements, permitting, zoning, environmental impact, and related issues, and represent their interests before government and regulatory bodies. When litigation is necessary, we are effective advocates.
Bankruptcy, Restructuring, Workouts
The many changes in Turkey health care policy have created financial stress for hospitals and other health care institutions. Financial health for hospitals is critical to their mission to provide excellent health care to local communities. Bicak has the expertise to work with hospitals and other health care institutions and their other financial consultants to address serious financial challenges.
Bicak’s skills include helping hospitals and health care institutions deal with and resolve their financial problems, including restructuring obligations, negotiations with lenders and other creditors, and more formal insolvency proceedings such as bankruptcy and receiverships. Our coordinated team of experts in labor, finance, bankruptcy, creditors rights, real estate and tax law work to help our clients come up with specially tailored solutions that allow the hospital to focus on its main mission of serving its local community.
Privacy & Cybersecurity
Privacy and data protection are among the health care industry’s biggest challenges. JMBM’s privacy and data security attorneys help our clients develop statutory and regulatory compliance strategies under HIPAA and other regulatory regimes, implement data breach response plans, negotiate technology agreements, conduct internal investigations, and address cyber risk throughout their organizations.
Bicak’s IP lawyers handle patents, trademarks, copyrights, domain names, trade dress, trade secrets, and related licensing, litigation and due diligence matters. We are well-versed in a wide variety of technologies and processes within the health and dental care arena.
Our health care lawyers are passionate about the industry and have decades of experience advising for-profit and non-profit providers, insurers, biotechnology companies and other clients facing complex legal, regulatory and business issues. Well known for our industry knowledge, experience, quality, integrity and advocacy, our team is tightly knit, deeply experienced, and capable of deploying the right resources to assist you in a highly efficient and cost-effective manner.
Bicak’s lawyers are committed to serving the health care industry by helping our clients solve problems, seize opportunities, comply with statutory and regulatory requirements, and achieve their goals. We invite you to contact us, to discuss how we can help.