Health Law

For over 60 years, Moffatt Thomas has assisted health care practitioners in areas where medicine intersects law.  In the current complexity of regulation and change we help you assess risk, use best practices, and steer to compliance.

Practice Profile

The Moffatt Thomas Health Care Law team has handled matters ranging from defending medical malpractice cases to successfully challenging the imposition of property taxes on non-profit hospitals.  Daily, we deal with issues involving Stark II, fraud and abuse, anti-kickback statutes, EMTALA, HIPAA, HITECH, HCQUIA, the PPACA, Medicare and Medicaid certification and reimbursement, medical indigency claims, involuntary commitments, and all range of payment and collection issues.  We have expertise in clinical research, physician contracting, the entire range of employment issues, including non-competes, Board of Medicine disciplinary issues, medical staff issues, medical staff bylaws, defense of qui tam actions, provider-based entity issues, and legislative work on legal reform benefiting health care providers.

Moffatt Thomas drafted the “local standard of care” statutes, and successfully defended them in Dulaney v. St. Alphonsus Regional Medical Center, 45 P.3d 816, 137 Idaho 160 (2002), the leading case still cited affirming the local standard of care rule in Idaho.  One member of the team spent almost two years working solo in-house at an Idaho hospital as it began its transition to a health care system.  Our team also has expertise in laws and international treaties governing clinical research on human subjects.  We have completed the CITI Program for the Protection of Human Research Subjects course and are certified in reviewing clinical and trial agreements.  We have helped clients solve problems relating to inadvertent HIPAA disclosures, drafted and restructured physician contracts to allow for gain sharing incentives, and dealt with the multitude of challenges confronted on a daily basis by physicians, hospitals, other health care providers, and third party payors.

When litigation is the only alternative, we have been successful in resolving matters between private parties, either via resolution or trial.  We have quashed intrusions by the State of Idaho into ongoing internal investigations of health care organizations, and work collaboratively with the State on many issues.

We have experience in provider and facility licensing, accreditation and audits, by all applicable entities.  Additionally, we have formed creative joint ventures between county hospitals and non‑profit hospitals in order to better serve rural communities.

News

Julian E Gabiola

JULIAN E. GABIOLA, MOFFATT THOMAS, SOUTHEAST IDAHO PROFESSIONAL OF THE YEAR HONOREE

Moffatt Thomas attorney, Julian E. Gabiola of Pocatello, was recognized for his extraordinary professional, community and civic accomplishments as 2016 Southeast Idaho Professional of the Year Honoree.

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Patricia M Olsson

Patricia M. Olsson, Moffatt Thomas Attorney, Idaho Business Review 2016 Women of the Year Honoree

Moffatt Thomas attorney, Patricia M. Olsson, honored as one of 50 women award recipients at the February 25th IBR Women of the Year Gala.

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Benjamin C Ritchie

Ben Ritchie Presents at 10/15/2015 SEI SHRM Conference: “The Interplay Among the ADA, FMLA, and Worker’s Compensation”

Moffatt Thomas attorney, Benjamin C. Ritchie, will present an employer seminar titled, “The Interplay Among the ADA, FMLA, and Worker's Compensation," at the Southeast Idaho SHRM Conference, October 15, 2015 in Idaho Falls, Idaho.

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MOFFATT THOMAS, LEADING IDAHO LAW AS AWARD-WINNING “LEADERS IN LAW”

Moffatt Thomas attorneys James L. Martin and Mindy M. Willman and Moffatt Thomas IT Manager Marshall Major were honored for their significant accomplishments as 2014 Leaders in Law, an annual award by the Idaho Business Review.

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Workers’ Compensation Workshop at Idaho Department of Labor led by Moffatt Thomas Attorneys David Gardner and Ben Ritchie

Idaho Department of Labor Employer Workshop on Workers' Compensation will be led by Moffatt Thomas attorneys, David Gardner and Ben Ritchie.

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C Clayton Gill

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016

DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016. An update on overtime regulations by Moffatt Thomas attorney, C. Clayton Gill.

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David P Gardner

DAVID P. GARDNER, MANAGING PARTNER OF MOFFATT THOMAS’ POCATELLO OFFICE, RECIPIENT OF SOUTHEAST IDAHO PROFESSIONAL OF THE YEAR AWARD

Moffatt Thomas attorney David P. Gardner was honored for his extraordinary professional, community and civic accomplishments as a 2015 Southeast Idaho Professional of the Year. The awards were given at a dinner gala at Idaho State University's Stephens Performing Arts Center.

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Idaho Law Firm, Moffatt Thomas, Ranked Among the Nation’s 2016 “Best Law Firms” by U.S. News

Moffatt Thomas has been named one of the nation’s “Best Law Firms” for 2016 from the publishers of U.S. News […]

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MOFFATT THOMAS ATTORNEYS NAMED BY BEST LAWYERS® 2016

Moffatt Thomas attorneys were recently selected by their peers for inclusion in Best Lawyers in America© 2016.

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MOFFATT THOMAS EMPLOYMENT LAW BREAKFAST BRIEFING, JUNE 7, 2016

REGISTER TODAY! Moffatt Thomas Employment Law Breakfast Briefing: June 7, 2016
Human Resources Professionals may earn SHRM Professional Development Credits.
Attend in person in Boise (Moffatt Thomas offices), Pocatello (Moffatt Thomas offices), or Idaho Falls (Hilton Garden Inn).

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Super Lawyers Selects 12 Moffatt Thomas Attorneys for 2016

Twelve Moffatt Thomas attorneys were recently selected by 2016 Super Lawyers for their accomplishments in the fields of business/corporate law, business litigation, banking, employment law, environmental law and litigation, insurance defense, and medical and professional malpractice defense.

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Moffatt Thomas Recipient of The Luke Award

St. Luke’s Health Foundation and St. Luke’s Children’s Advisory Board presented Moffatt Thomas with The Luke Award at a reception […]

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Patricia M Olsson

Moffatt Thomas Partner Patricia Olsson Selected as 2013 Top 50 Women Mountain States Super Lawyer

Congratulations Patricia M. Olsson for being named as one of the Top 50 Women Mountain States Super Lawyers for 2013.

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Resources

Jamie K Moon

New OSHA Online Reporting Rule Sparks Debate in High-Risk Industries, Jamie K. Moon

On May 30, OSHA issued a final rule regarding reporting requirements for qualifying industries. The new rule (to be codified at 29 C.F.R. Part 1904) requires certain companies to report workplace injuries and illnesses data online to OSHA. This includes companies in the manufacturing, construction, trucking and farming industries, which are considered high-risk industries where workplace injuries and illnesses are typically more prevalent.

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Mindy M Muller

EEOC opens the door to employer-sponsored wellness programs, by Mindy (Willman) Muller

The EEOC's proposed rule on employer-sponsored wellness plans is not yet final, and the public now has an opportunity to comment on the rules….Comments on the proposed rules must be received by the EEOC on or before June 19, 2015.

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Patricia M Olsson

Affordable Care Act Responsibilities for Employers in 2014

Affordable Care Act Responsibilities for Employers in 2014: The Known and the Unknown, by Patricia M. Olsson, June 2013 Download […]

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Patricia M Olsson

Confidentiality of Personal, Company, and Customer Information: HIPAA and Beyond

Confidentiality of Personal, Company, and Customer Information: HIPAA and Beyond, by Patricia M. Olsson Download PDF

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Patricia M Olsson

Affordable Care Act Responsibilities for Employers

Affordable Care Act Responsibilities for Employers – Presentation to the State and Local Government Section of the Idaho State Bar, […]

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Patricia M Olsson

Affordable Care Act Responsibilities for Employers in 2013: Highlights and Resources – December 2012

Affordable Care Act Responsibilities for Employers in 2013: Highlights and Resources, by Patricia M. Olsson Download PDF

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