Healthcare

Navigating the ever-changing world of healthcare law and compliance can be time consuming and unmanageable for those involved in the healthcare industry. Healthcare providers, managed care providers, and healthcare vendors, including medical products and equipment suppliers, are heavily regulated, and keeping up with continual changes to the law can be difficult and complicated; yet, the potential liability for not adhering to new regulations can be devastating to any healthcare organization.

Crowley Fleck PLLP's Healthcare practice group continually keeps abreast of complex regulations affecting the healthcare industry. Our clients include hospitals, physician groups and organizations, community health centers, dental providers, medical associations, hospital foundations, ancillary service providers, for-profit and nonprofit affiliates, pharmaceutical and medical products manufacturers and vendors, and managed care organizations. Our attorneys' varied practices and experiences allow us to provide our clients with coordinated, up-to-date legal healthcare representation. When litigation becomes necessary, Crowley Fleck litigators possess substantial experience in complex commercial litigation and medical malpractice defense, as well as representation before peer review panels, medical legal panels, Professional Licensing Boards, and other State and Federal regulatory agencies.

Business, Governance, Operations, and Transactions

This practice area deals with federal, state, and local business law; regulatory matters; and operational issues faced by healthcare organizations.

Issues addressed are applicable to:

• Hospitals and health systems including for-profit and nonprofit and public and private sectors
• Physicians and physician organizations
• Ancillary services providers
• For-profit affiliates
• Financial institutions and authorities
• Pharmaceutical and medical products manufacturers and vendors
• Managed care organizations
• Federally qualified health centers

The areas addressed include, but are not limited to:

• Transactions involving mergers, acquisitions, joint ventures, and partnerships
• Contracts involving management agreements and professional services agreements
• Agreements with providers and vendors
• Durable medical equipment matters



Attorney Title Location Email Phone
Bruce F. Fain Partner Billings, MT (406) 252-3441
Kevin P. Heaney Partner Billings, MT (406) 252-3441
Lance R. Hoskins Partner Billings, MT (406) 255-7305
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
Christine M. Prill Special Counsel Billings, MT (406) 255-7293
Jason P. Loble Partner Helena, MT (406) 457-2023
Daniel D. Johns Partner Kalispell, MT (406) 751-3268
Joel L. Kaleva Partner Missoula, MT (406) 523-3600
 

Electronic Information, Technology, and Security [HIPAA]

This practice area addresses federal, state, and local laws and regulations relating to information and communications systems within the healthcare industry.

The areas addressed include, but are not limited to:

• Operation of information systems and networks and electronic communications including: electronic medical records, telemedicine, electronic prescribing, Internet and e-mail communications, and operation of websites
• Expert diagnostic systems
• Clinical data repositories and master patient indexes
• Confidentiality and security
• Electronic signatures
• Ownership of healthcare data
• Intellectual property matters, trademarks, copyrights, patents, trade secrets



Attorney Title Location Email Phone
Bruce F. Fain Partner Billings, MT (406) 252-3441
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
Kristy Buckley Partner Bozeman, MT (406) 556-1430
Sarah A. Loble Partner Helena, MT (406) 449-4165
 

Fraud and Abuse/STARK

This practice area concentrates on issues of fraud and abuse in the healthcare industry.

The areas addressed include, but are not limited to:

• Fraud and abuse prevention
• Investigation
• Resolution
• Stark laws (physician referrals)
• Compliance matters
• Transactional Issues



Attorney Title Location Email Phone
Bruce F. Fain Partner Billings, MT (406) 252-3441
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
 

Healthcare Education

This practice area offers clients education and training in the complex and ever-changing world of healthcare law. Our experienced attorneys provide educational seminars and materials, lead customized training sessions, and direct “roundtable” discussions on particular legal topics. Examples of popular educational topics include “Stark Law,” HIPAA/HITECH compliance, limiting ERISA fiduciary liability, EMTALA, and Fraud and Abuse.



Attorney Title Location Email Phone
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
Megan McCrae Associate Billings, MT (406) 252-3441
Leonard (Len) H. Smith Partner Billings, MT (406) 252-3441
Julie Lichte Partner Bozeman, MT (406) 556-1430
Kiely Keane Partner Helena, MT (406) 449-4165
 

Healthcare Labor and Employment

This practice area addresses federal, state, and local laws, rules, and regulations concerning healthcare employment.

The areas addressed include, but are not limited to:

• Employment agreements
• Employment handbooks and policies
• Employment discrimination
• Wrongful discharge
• Union organizing activity
• Collective bargaining
• Unfair labor practices
• Labor arbitration
• State and federal wage and hour laws
• OSHA compliance and enforcement
• Education and counseling on labor and employment laws and regulations



Attorney Title Location Email Phone
Bruce F. Fain Partner Billings, MT (406) 252-3441
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
Megan McCrae Associate Billings, MT (406) 252-3441
Leonard (Len) H. Smith Partner Billings, MT (406) 252-3441
Julie Lichte Partner Bozeman, MT (406) 556-1430
Marcia Davenport Partner Helena, MT (406) 449-4165
Scott Hagel Partner Kalispell, MT (406) 751-3234
Daniel D. Johns Partner Kalispell, MT (406) 751-3268
 

Healthcare Litigation

Crowley Fleck is one of the leading healthcare litigation firms in the region. Our experienced attorneys have successfully represented clients before the Board of Medical Examiners, the Montana Medical Legal Panel, and in state and federal courts.

The areas addressed include, but are not limited to:

• Defending professional licensing complaints, including representation before peer review panels, medical legal panels, and other State and Federal regulatory agencies
• Requests for information and witness assistance
• Medical credentials and peer review matters
• Defending claims of professional negligence



Attorney Title Location Email Phone
David L. Charles Of Counsel Billings, MT 406-255-7242
David C. Clukey Associate Billings, MT (406) 252-3441
James M. Duncan Associate Billings, MT (406) 252-3441
Bruce F. Fain Partner Billings, MT (406) 252-3441
Herbert (Fritz) I. Pierce III Partner Billings, MT (406) 252-3441
Leonard (Len) H. Smith Partner Billings, MT (406) 252-3441
Michael C. Waller Partner Bismarck, ND (701) 224-7523
Julie Lichte Partner Bozeman, MT (406) 556-1430
Kayleigh N. Brown Associates Helena, MT (406) 457-2051
Marcia Davenport Partner Helena, MT (406) 449-4165
Kiely Keane Partner Helena, MT (406) 449-4165
Jill Laslovich Partner Helena, MT (406) 449-4165
John H. Maynard Partner Helena, MT (406) 449-4165
Christopher K. Oliveira Associate Helena, MT (406) 457-2018
Danielle Coffman Partner Kalispell, MT (406) 752-6644
Matthew (Matt) A. Baldassin Associate Missoula, MT (406) 523-3600
 

Long Term and Elder Care, In-Home Care, Hospice, and Rehabilitation

This practice area addresses issues involving long-term and elder care services, in-home care, hospice services, and rehabilitation matters.

The areas addressed include, but are not limited to:

• Nursing facilities
• Assisted living
• Senior housing
• Home health
• Hospice
• Long term care



Attorney Title Location Email Phone
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
Jared M. Le Fevre Partner Billings, MT 406-255-7323
Megan McCrae Associate Billings, MT (406) 252-3441
Julie Lichte Partner Bozeman, MT (406) 556-1430
Daniel (Dan) N. McLean Partner Helena, MT (406) 449-4165
 

Medical Staff, Credentialing, and Peer Review

This practice area addresses matters involving healthcare professionals, medical or professional staff, and/or healthcare entities regarding their organization and operations.

The areas addressed include, but are not limited to:

• Medical staff bylaws and associated rules
• Peer review and quality assurance
• Providing fair hearings for medical and allied health professional staffs
• National Practitioner Data Bank querying and reporting
• The effect of hospital business arrangements upon medical staff membership (e.g., exclusive contracts, mergers, acquisitions)
• Administrative matters including, but not limited to, impaired physicians and medical board proceedings involving professionals
• Provider credentialing



Attorney Title Location Email Phone
Bruce F. Fain Partner Billings, MT (406) 252-3441
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
Megan McCrae Associate Billings, MT (406) 252-3441
Herbert (Fritz) I. Pierce III Partner Billings, MT (406) 252-3441
Leonard (Len) H. Smith Partner Billings, MT (406) 252-3441
Michael C. Waller Partner Bismarck, ND (701) 224-7523
Julie Lichte Partner Bozeman, MT (406) 556-1430
Kiely Keane Partner Helena, MT (406) 449-4165
 

Physician Organizations and Issues

This practice area addresses issues related to Physicians and Physician Groups.

The areas addressed include, but are not limited to:

• Physician-hospital joint ventures and contractual arrangements
• Stark Law
• Credentialing practices
• Physician group practice structures
• Compensation methodologies



Attorney Title Location Email Phone
Bruce F. Fain Partner Billings, MT (406) 252-3441
Lance R. Hoskins Partner Billings, MT (406) 255-7305
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
Megan McCrae Associate Billings, MT (406) 252-3441
Michael C. Waller Partner Bismarck, ND (701) 224-7523
Jason P. Loble Partner Helena, MT (406) 457-2023
Daniel D. Johns Partner Kalispell, MT (406) 751-3268
 

Plans, Managed Care, Employee Benefits, and Executive Compensation

This practice area addresses legal issues concerning compliance of health and benefit plans and providers.

The areas addressed include, but are not limited to:

• HIPAA
• COBRA
• Medicare Secondary Payor rules
• ERISA Title I rules
• Self-insured plans
• Plan operations and management
• Managed care
• Executive compensation including IRS Section 409A



Attorney Title Location Email Phone
Stewart R. Kirkpatrick Partner Billings, MT (406) 252-3441
Megan McCrae Associate Billings, MT (406) 252-3441
Kristy Buckley Partner Bozeman, MT (406) 556-1430
Sarah A. Loble Partner Helena, MT (406) 449-4165
Daniel D. Johns Partner Kalispell, MT (406) 751-3268
 

Tax and Finance

This practice area addresses federal, state and local tax issues related to the healthcare industry.

The areas addressed include, but are not limited to:

• IRS audits and rulings
• Tax-exempt status
• Intermediate sanctions
• State regulation of nonprofit transactions and operations
• Charitable trusts
• Tax credits
• Bond financing
• Physician and executive compensation
• Fair market value
• Joint ventures with nonprofits
• IRS disclosure requirements
• Property, sales, and use taxes
• Fundraising
• Other issues of for-profit and nonprofit matters, including IRS Section 409A
• Debt and equity financing
• Limited securities law



Attorney Title Location Email Phone
Lance R. Hoskins Partner Billings, MT (406) 255-7305
Jared M. Le Fevre Partner Billings, MT 406-255-7323
Megan McCrae Associate Billings, MT (406) 252-3441
Kristy Buckley Partner Bozeman, MT (406) 556-1430
Larry A. Holle Of Counsel Bozeman, MT (406) 556-1430
Joel L. Kaleva Partner Missoula, MT (406) 523-3600