Pierce Atwood takes an interdisciplinary approach to addressing the needs of our healthcare clients. Healthcare providers regularly seek our help in a wide range of matters, including employment, regulatory compliance and licensure, HIPAA, antitrust advice, tax-exempt financing, medical staff issues, and structuring healthcare ventures and similar transactions. We also provide a full range of advice on questions of general corporate and business law to our healthcare clients.

Please see our Healthcare Services practice group page for more information about how we serve clients in the healthcare industry.

Representative Experience

We represent an accountable care organization (ACO) in connection with a care management service line agreement with a hospital.

ACO in Care Management Service Line Agreement

Assisted with the acquisition of ownership interest in telemedicine company that provides multistate second opinion services.

Acquisition of Interest in Telemedicine Company

We have served as outside immigration counsel for MaineGeneral Health and its affiliates for more than 20 years.  MaineGeneral Health and its affiliates form Maine's third-largest health care system and the largest health care system in central Maine. We have designed and implemented a broad range of immigration strategies on behalf of MaineGeneral Health and its physicians, including Conrad 30 waiver applications, H-1Bs, O-1s, and employment-based green cards.

Conrad 30 and Immigration Support for Physicians at MaineGeneral Health

We obtained a defense verdict for Genesis Healthcare in a whistleblower case in Maine state court, in which the plaintiff, a registered nurse, alleged that she was terminated because she complained about what she claimed was an inadequate orientation that put patients at risk.

Defense Verdict in Whistleblower Case

We represented an out-of-state mail-order pharmacy in a matter before the Maine Board of Pharmacy in connection with a provider complaint.

Mail-Order Pharmacy Before Maine Board of Pharmacy

Pierce Atwood represented Mercy Health System of Maine in its consolidation with Eastern Maine Healthcare Systems (EMHS). In addition to the issues involved in any large M&A transaction, including transaction structuring, drafting and negotiation of definitive documents, comprehensive due diligence, and coordination of corporate governance and organizational integration, our team has also dealt with all of the issues inherent in hospital and health system mergers, acquisitions, affiliations, and similar transactions, such as antitrust concerns, HIPAA compliance, medical and executive staff retention and consolidation, benefit plan transition, and the navigation of other relevant federal and state regulatory and licensure issues applicable to the healthcare industry.

Mercy Health System Consolidation with Eastern Maine Healthcare Systems

Representation of Mercy Hospital in all real estate and transactional aspects, including financing, for the acquisition and development of a major new hospital campus project along the Fore River in Portland, Maine. This project required the assemblage of multiple parcels, negotiating easements and crossings with the Portland Terminal Company railroad, the negotiation with the City of Portland for a special contract zone to accommodate the development, negotiating with the State of Maine DOT for the construction of a new access road connecting I-295 and the riverfront, working with various community groups, such as Portland Trails, to reach a community consensus on the project and incorporating community issues into the project, working with the DEP on wetland remediation and natural wildlife concerns and clearing ancient claims of title and relocation of public roads.

Mercy Hospital Fore River Campus Permitting Matters

The Maine Legislature in 2011 passed a landmark bill (PL 90) aimed at reforming the failing individual health insurance market in Maine. The bill authorized establishment of a new non-governmental insurance company (the Maine Guaranteed Access Reinsurance Association, or “MGARA”) that would provide reinsurance to cover the sickest individuals historically responsible for the bulk of the health services used and corresponding costs, with the ultimate goal of reducing premiums in that market. The Board of Directors of MGARA retained Pierce Atwood to analyze the new groundbreaking law, form the new reinsurance company, guide its financing and other operations, and work with the Legislature and Bureau of Insurance through this complex process. MGARA began its operations in July 2012 as planned and is currently providing reinsurance for over 3,000 of Maine's sickest individuals. Pierce Atwood is proud to have served MGARA and the State in this important work.

Organization of Maine Guaranteed Access Reinsurance Association

We provide legal and strategic guidance to a provider organization regarding direct-to-employer contracting, including network provider contract design and structure.

Provider Organization in Direct-to-Employer Contracting

In Beth Carnicella v. Mercy Hospital, we obtained summary judgment for our client, Mercy Hospital, in connection with a lawsuit filed by a former employee who alleged that Mercy failed to provide her with reasonable accommodation. The plaintiff appealed the trial court’s ruling in our client’s favor to the Law Court, which affirmed, concluding a jury could not find Mercy liable for disability discrimination.

Summary Judgment for Mercy Hospital