Healthcare is a dynamic and competitive sector situated at the intersection of law, business, science, and politics. At MBK, we stay on top of the very latest developments in our field so that our clients can stay on top in theirs.
Healthcare is a highly technical, competitive, and often personal, area of the law that operates in a rapidly-changing landscape affected by politics, market forces, technology, data and evidence-based science. As a result, healthcare providers and professionals are routinely exposed to professional negligence actions, regulatory and licensure investigations, False Claims Act actions, and potential criminal charges. MBK has a robust, multidisciplinary healthcare team with a wealth of experience in the healthcare environment both in private practice and within healthcare organizations as general counsel and as healthcare providers. Our diverse background gives us a unique perspective on the problems that our clients confront and an ability to offer practical, workable solutions that derives from our commitment to zealous representation.
Our clients include hospital and healthcare systems, academic medical institutions, home health agencies, pharmacies, assisted living and long term care facilities, health benefits insurance providers, managed care organizations, healthcare practice groups, physicians, pharmacists, physician extenders, nurses and diagnostic laboratories.
We have successfully represented healthcare clients in professional medical liability cases, employment issues, fraud and abuse allegations, medical staff fair hearings, civil enforcement proceedings, criminal investigations, licensing and disciplinary matters, third party payor disputes and audits, Section 501(c)(3) issues, and regulatory compliance. We regularly represent clients in investigations, in litigation and on appeal.
We support our healthcare clients beyond the litigation and investigative setting, often acting as external general counsel on issues of employment, risk management, and business structure. At the inception of an organization, and as it evolves, we advise on corporate and compliance aspects of formation, corporate restructuring and acquisitions, taxation, professional licensing, privileges and credentialing, patient quality, labor and employment issues, and negotiation of business and employment agreements. We help clients navigate applicable federal and state regulations (including HIPAA, the Affordable Care Act, the Emergency Medical Treatment and Labor Act, the False Claims Act, Stark Law, Anti-Kickback Statute, and RICO). We provide advice concerning policies, billing codes and compliance issues that often serve as the basis of healthcare litigation in the everchanging minefield of healthcare regulations. Most fundamentally, we have established long-term relationships with our clients helping them navigate these issues so that they can give their focus to the provision of quality healthcare in their community.
In the cold winter of January 16th 2014 I was served with a Target Letter by two Federal Agents for Grand Jury Criminal Investigation while seeing patients at my office. It was an emotionally devastating experience that I would never wish on my worst enemy.
"I cannot even begin to explain how thankful we are that we had the law firm of MBK at our side throughout the worst time of our lives."
Needless to say, I closed my office promptly and went home. Since I have never been involved in any criminal matter, I was not prepared for the emotional aspect especially since much if not everything was at stake; my 27 year professional career, young family, thousands of patients whose lives would be directly affected. Not to talk of other potential legal consequences which included prison.
The kids were off to school and I and my wife decided to contact an attorney we knew in Philadelphia, who handled a few minor cases for us in the past. An appointment was made for the next day. On arrival at the Attorney’s office, he was very forthcoming and honest about the severity and potential consequences of the target letter. He was categorically clear that the attorneys that can handle this case must be well experienced and able to handle federal criminal cases. Furthermore he told us “these are few and far between.” As a physician the notion of “field specialization” was not new to me, but finding the right specialized law firm for federal criminal investigation could be a Herculean task. He decided to do his own research and give us the best heartfelt recommendations possible.
Driving from Philadelphia back to Central Pennsylvania seemed like an eternity. He later called us and gave us several law firms which we started calling one after the other. We came across the law firm of Myers, Brier and Kelly (AKA MBK) through serendipity as they were the last law firm we decided to call after unsatisfactory telephone conversations with a few others.
Two partners of the law firm, Messrs. Frank and Dan Brier agreed to meet us on a late Sunday afternoon. Once we met the Attorneys there was no doubt in our mind that their law firm was the perfect one for us.
We instantly felt their compassion and were impressed by their knowledge. They were able to listen to us and truly understood my situation.
MBK is a multi-partner, multi-specialty law firm based in Scranton Pennsylvania. The partners directly involved in my case were Messrs. Dan Brier, Pat Casey, Frank Brier and Jack Dempsey as well as associate Suzanne Conaboy who is both a registered nurse and lawyer. The paralegals, Mss. Carol Kelleher, Jennifer Krist and Pat Myers, were awesome. These paralegals by themselves have such wealth of legal knowledge that they can easily pass for full attorneys! They all worked together to map and strategize the entire case. They were clear and concise and albeit very difficult they were able to keep me calm so I could focus on my job and rest of my life that did not stop because of my case. They were of exceptional intellect and tremendous drive.
By nature federal criminal Investigations are by no means simple. They are really complex, cumbersome and extremely difficult. The strategic use of other professionals including the private investigator, Mr. John Kravitz, and expert opinions from non-legal professionals is amazing.
The partners and their associates are always available through telephones, and all known forms on communications even at 8 pm on Sunday night!
My testimony could span chapters and pages and will not yet be done; I have reflected on the service that the law firm of MBK provided during my entire legal ordeal. Upon reflection, the demeanor of all the legal professionals involved, their resourcefulness, attention to detail, realism and professionalism allowed me and my family to cope during this very difficult process.
As an individual that can be cynical at times, MBK gets the highest recommendation from me and my family. Coming from me, that is saying quite a lot. Above all they are right here in Central Pennsylvania!
I cannot even begin to explain how thankful we are that we had the law firm of MBK at our side throughout the worst time of our lives.
—Andrew O. Newton Sr. M.D, M.Sc, DABPN
Successful Defense for Board-Certified Orthopedic Surgeon in Luzerne County
Frank Brier and Kelly Lenahan successfully defended a board-certified orthopedic surgeon in a professional liability jury trial in Luzerne County ending in a defense verdict on September 11, 2020. The first civil jury trial in the region since the COVID-19 lockdown in March 2020. […] READ MORE