Health Care JAMS Mediation, Arbitration and ADR Services

Extensive Industry Knowledge & Efficient, Affordable ADR

The JAMS Health Care Practice Group includes retired federal, state and appellate judges and former litigators who have established credibility in health care law and the health care industry. JAMS neutrals resolve cases quickly, providing significant savings of time and expense and often preserving valuable business relationships. JAMS offers skilled, efficient case management, custom rules and affordable options for health care matters of every size and type.

JAMS neutrals collaborate with all parties to design flexible, individualized ADR approaches. They take an active role in pre-hearing preparation and case administration. They serve as mediators and arbitrators, perform medical peer reviews and frequently act as hearing officers in hospital disputes. In cases that are legally and factually complex, courts often appoint JAMS neutrals as special masters or referees to assist with eDiscovery and other issues involving electronic health records and to design efficient settlement formats in multiparty disputes.

Representative Matters

Payor/Provider Dispute Resolution

• Complex payor/provider disputes involving reimbursement for past claims, future contract terms and determination of the “usual, customary and reasonable” rate (UCR)
• Medicare and Medicaid disputes
• Coverage disputes arising from the Affordable Care Act (ACA)
• Disputes over level of care to be provided for behavioral disorders such as anorexia, bulimia and autism

Mergers & Acquisitions Dispute Resolution

• Disputes over mergers, sales, dissolutions and other business issues within physician practice groups, and among hospitals and other health care businesses and joint ventures

Hospital/Employee Dispute Resolution

• Complex employment disputes involving high-level health care providers and their employers or business partners
• Medical staff hearings related to disputes between hospital medical staff and hospital governing bodies involving contractual terms and/or discipline matters

Privacy & Data Breach Dispute Resolution

• eDiscovery issues in cases with complex electronic medical record (EMR) discovery
• Mediation of a class action data breach lawsuit alleging a large managed health care organization violated medical privacy laws when certain server drives that contained personal, medical and/or financial information of patients went missing
• Mediation between medical data management company and new purchaser of company owning the data concerning data protection and Health Insurance Portability and Accountability Act (HIPAA) violations issues
• Mediation of health care privacy class action alleging breach of California Confidentiality of Medical Information Act (CMIA)

Intellectual Property Dispute Resolution

• Patent, licensing, trade secret and other intellectual property issues surrounding medical technology

Product Liability Dispute Resolution

• Medical device product liability disputes

Qui Tam & False Claims Act Dispute Resolution

• Qui Tam fraud and abuse cases under federal and state False Claims Act (FCA) statutes, in situations both with and without government intervention involved