Health and Life Sciences

An Integrated Approach to Health Care Law in Utah, Nevada, and throughout the Intermountain West

Parsons Behle & Latimer employs a cross-disciplinary team approach to counsel clients in health and life sciences industries. Our clients include some of the most successful managed care companies, health care providers, and clinics in the Intermountain region. In addition, we provide outside legal counsel and litigation services for businesses involved in the manufacture of pharmaceutical products, medical devices, dietary supplements, biotech products, DME, as well as health information and research facilities. Parsons Behle & Latimer attorneys assist health and life science companies at every phase of the business lifecycle. Our goal is to be a respected partner for our clients, to plan for success, to avoid legal pitfalls, and to solve problems creatively and cost-effectively.
 

Contact Bill Stilling at bstilling@parsonsbehle.com or 801-536-6765 to discuss our experience in the area of health and life sciences law. Our attorneys have been active in the American Health Lawyers Association, the American Bar Association Health Law Section, American Society of Pharmacy Law, and the Utah Bar’s Health Law Section. The health and life sciences group works closely with the firm’s intellectual property group, employment litigation group, corporate law group, tax group, and litigation department.

Professional and Health Care Licensing

Regulation of health care entities and professionals continues to become increasingly complex. Parsons Behle & Latimer’s attorneys have a long history of helping clients avoid regulatory and licensing pitfalls. For individuals and entities that are under investigation or have had administrative actions taken against them, Parsons Behle & Latimer attorneys can assist with sound, strong procedural, and substantive defenses. The firm has represented physicians, nurses, pharmacists, managed care entities, pharmacies, contractors, DME suppliers, and other entities that have faced problems with licensing and other regulatory agencies.

Attorneys focused on this area:

• Stilling, William J.
• Ball, John P.
• Bell, Scott S.
• Gavre, W. Mark

Dietary Supplement and Nutraceuticals

With the passage of the Dietary Supplement and Health Education Act in 1994 (DSHEA), compounds formerly regulated as drugs became widely available to the public as dietary supplements. While some have suggested dietary supplements are unregulated, those in this industry understand dietary supplements are in fact subject to an array of laws and regulations. Because Utah is a center of the dietary supplement and nutraceutical industry, some of the most important litigation has occurred here. To avoid civil and criminal actions by the FDA or FTC, companies must understand the types of substances and dosage forms that qualify as dietary supplements, the difference between prohibited disease claims and permitted structure and function claims, notice requirements, and other nuanced aspects of the dietary supplement regulatory scheme. Moreover, with the passage of the Dietary Supplement and Non-Prescription Drug Consumer Protection Act in 2006 and the publication of the final federal rules on current good manufacturing practices (CGMPs) in 2007, companies in this area face new regulatory challenges. Parsons Behle & Latimer attorneys have used their unique skills in this area and have helped clients steer clear of regulatory actions.

Attorneys focused on this area:

• Stilling, William J.
• Ball, John P.
• Bell, Scott S.

Pharmaceuticals, Pharmacies, Foods, Drug, and Medical Devices

Parsons Behle & Latimer’s life sciences and health care attorneys have partnered with clients in virtually every aspect of the drug and medical device industry. With clients ranging from individual pharmacists to Fortune 500 pharmacy retailers, from small start-ups to multinational biotech and pharmaceutical companies, the firm's attorneys have assisted with drug regulatory issues and related intellectual property concerns.

Attorneys focused on this area:

• Delanunty, Robert C.
• Stilling, William, J.
• Ball, John P.
• Bell, Scott P.

Employment and Benefits Law

The firm’s health law practice takes advantage of its long-time, highly regarded employment law practice. For the last 20 years, Parsons Behle & Latimer has sponsored an annual Employment Law seminar in Utah and more recently in Nevada. Of particular interest to health care entities, Parsons Behle & Latimer attorneys have extensive experience in ERISA, employee benefit discrimination issues, and other employment-related issues health care entities face.

Attorneys focused on this area:

• Gavre, W. Mark
• Stilling, William, J.
• Droubay, Jeffrey J.

Managed Care

Parsons Behle & Latimer continues to represent managed care companies and to assist them with the daunting labyrinth of laws and regulations they face. The firm’s attorneys have represented insurers, HMOs, PPOs, TPAs, and PBMs. Among other areas, we provide advice about compliance with Medicaid, Medicare (including Part D), state insurance regulations, ERISA, subrogation, HIPAA, health care provider contracting, Stark, Law, federal Anti-Kickback Statutes, state self-referral and illegal remuneration laws.

Attorneys focused on this area:

• Stilling, William J.
• Ball, John P.
• Bell, Scott S.

Elder Law

Parsons Behel & Latimer attorneys advise clients on a broad range of issues that confront older individuals such as end of life plannng, health care directives and nursing home and assisted living arrangements.

Attorneys focused on this area:

• Alderman, Kent B.
• Grimshaw, Randy M.

Telemedicine and Internet Pharmacies

The growth of technology continues to create new ways to deliver heath care services. Entities that wish to provide these services face a complex web of federal and state laws. The firm's health care attorneys in collaboration with its information technology practice group assists clients to face these issues and to structure their businesses to avoid disastrous consequences from state and federal agencies.

Attorneys focused on this area:

• Stilling, William J.
• Gavre, W. Mark
• Ball, John P.
• Bell, Scott S.

Stark (Self-Referral) and Anti-Kickback Laws

Any health care provider and entities that have financial relationships with providers know that the words "Stark Law" and "Anti-Kickback Law" will find their way into any discussion about health care transactions. With the passage of the Deficit Reduction Act, states now are more focused on their versions of anti-kickback laws. The Health & Life Sciences attorneys at Parsons Behle & Latimer understand the impact of these statutes and assist clients to structure transactions to avoid self-referral problems and to avoid criminal sanctions under state and federal anti-kickback laws.

Attorneys focused on this area:

• Stilling, William J.
• Bell, Scott S.

Qui Tam

Now that the emphasis for federal False Claims Act actions has shifted from the defense industry to the health care industry, companies that face catastrophic claims by the federal government or from a whistleblower who brings a qui tam action. Parsons Behle & Latimer has a premier team of attorneys who have defended some of the largest False Claims Act actions in the West. Furthermore, with the passage of the 2006 Deficient Reduction Act (DRA), companies are subject to new requirements to educate their workforces about the False Claims Act. Parsons Behle & Latimer attorneys can assist companies with their effort to comply with the DRA.

Attorneys focused on this area:

• Dryer, Randy L.
• Stilling, William J.
• Blanch, James T.

Health Care and Life Science Transactions

Our firm’s business, tax, securities, and transactional attorneys advise clients as diverse as start-up entrepreneurs to mature Fortune 500 companies.

Attorneys focused on this area:

• Delahunty, Robert C.
• Ball, John P.

Regulatory and Government Relations

The firm offers regulatory experience at the local, state and federal level, including the Food and Drug Administration (FDA), the Drug Enforcement Agency (DEA), Health and Human Services (HHS), Centers for Medicare and Medicaid (CMS), the Federal Trade Commission (FTC), the Patent and Trademark Office (PTO), state licensing boards, and insurance commissions. For many life science companies, obtaining government and third-party reimbursement is as important as obtaining regulatory approval. The firm’s in-depth understanding of reimbursement and managed care serves as a foundation for counseling clients on such issues. Our government relations team continues to help clients initiate regulatory and legislative action and to interface with regulators as an additional business strategy for planning, and for preventing and solving problems.

Attorneys focused on this area:

• Stilling, William J.
• Bird, David R.
• Lee, James B.
• Jensen, Dallin W.
• Miller, Maxwell A.
• Bailey, J. Michael
• Teuscher, Shelly Cordon, lobbyist

HIPAA, Privacy, and Health Information (HIT)

Parsons Behle & Latimer provides legal services designed to help you with the technology issues involved in HIPAA and health information technology. For more information, please visit our technology law page.

Attorneys focused on this area:

• Stilling, William J.
• Gavre, W. Mark
• Droubay, Jeffrey J.