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Government Regulation, Surveys & Inspections

Poyner Spruill lawyers understand the regulations that govern health care, and they know the federal, state and local agencies – and their private contractors -- that administer these regulations. 

North Carolina is a Certificate of Need state, and providers must have a CON to start or expand many different health services, including hospitals and their satellite facilities, long term care, home care, hospice, ambulatory surgery centers, dialysis centers, radiation oncology and to purchase many types of expensive medical equipment. Poyner lawyers have handled some of the most complicated CON matters in the state. 

Confidentiality of patient information is highly regulated. Poyner’s lawyers understand HIPAA and the related state laws of patient privilege and confidentiality for medicine generally and for mental health in particular. Confidentiality of peer review is equally important, and our health care lawyers fully understand these protections for practitioners. 

Anti-trust and competition issues frequently come up in the area of health care, and Poyner’s lawyers are well versed in this area. 

Poyner Spruill attorneys are also well versed in the substantive and procedural law and rules governing the survey and inspections of all kinds of health care facilities. We can help prepare for inspection and surveys, deal with surprise inspections, and respond to deficiencies. 

As counsel for hospitals and for physicians, especially emergency physicians, Poyner’s lawyers handle EMTALA matters. We advise on the transfer of patients, and we represent physicians on appeal.

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