Correctional Healthcare

We provide comprehensive guidance to correctional healthcare providers navigating the complex and evolving regulatory landscape. Our services encompass advising on both state and federal regulatory compliance, including healthcare standards compliance, patient rights and confidentiality, medication management, involuntary medication and crisis intervention, infection control, staff training and credentialing, government investigations, and reporting and documentation.

Correctional healthcare providers often face unique challenges when it comes to government contracting. Our team has the skills to advise our clients in navigating this complex landscape. We regularly assist our clients with contract review and negotiation, pre-bid risk assessments, civil investigative demands, and bid protests at the local, state, and federal levels. Beyond these core areas, our team also brings deep knowledge in related fields impacting contractors, such as data security and protection, employment, intellectual property, antitrust, and transactional matters.

Our team has decades of experience defending jail and prison healthcare providers in First Amendment, Eighth Amendment, Fourteenth Amendment, ADA, and Rehabilitation Act claims in state and federal courts across the country. We handle cases involving class actions, constitutional violations, medical malpractice, wrongful death, and other professional liability claims with precision and strategic insight. We also regularly advise and defend correctional healthcare providers in professional licensing board investigations and inquiries.

Prioritizing early resolution, we work to mitigate operational disruption and safeguard our clients’ reputations, delivering outcomes that align with both legal and institutional goals. Our team also has significant experience representing correctional healthcare companies operating at facilities under court-ordered implementation plans or consent decrees and provides both courtroom advocacy in these cases as well as solutions-oriented assessments and advice to help improve performance and compliance.

We assist our clients in navigating mergers, acquisitions, and other strategic transactions that impact service delivery within correctional facilities. Our attorneys offer guidance on enterprise structure, governance, and business reorganizations, ensuring compliance with healthcare regulations and correctional standards. We facilitate joint ventures, managed services agreements, partnership agreements, and the acquisition of service contracts or subsidiaries, always with a focus on enhancing operational efficiency, financial stability, and continuity of care for incarcerated populations.

We understand the importance of working proactively to reduce your risk of litigation. Our team has a wealth of experience providing in-service trainings on the specific challenges facing correctional healthcare professionals, such as improving documentation practices and establishing comprehensive and supportive facility policies and procedures. We are also equipped to provide advice and consultation in risk management, helping our clients conduct a detailed review of current practices and procedures, identify potential areas of exposure, and develop practical, effective solutions to mitigate risk.

GRSM’s correctional team also partners with our alternative risk management group to help our clients develop captive insurance programs. Our services include evaluating the feasibility of a proposed program, selecting the appropriate vehicle, and assisting with formation and licensing. Our team also serves as captive general counsel and provides ongoing corporate governance, regulatory and administrative support to our clients, including claims handling, legal defense, risk management and crisis management services. We also assist our captive owner clients with commercial placements, loss portfolio transfers and claims advocacy.

In addition, our attorneys create and direct patient safety organizations for our clients in order to ensure that participation results in not only protected patient safety work product but also meaningful data that our clients can use to improve patient safety and implement corrective action plans and systemic change.