Representative Matters

  • Counseled providers concerning Medicare and Medicaid enrollment
  • Advised clients regarding licensure compliance and responses to  licensure and certification deficiency citations
  • Counseled clients on EMTALA compliance and responded to deficiency citations,  immediate jeopardy determinations and fast track decertification
  • Worked closely with clients on HIPAA compliance, privacy breach notification, responses to investigations by the Office of Civil Rights and meaningful use audits
  • Provided strategic guidance regarding appropriate structures for regulatory compliance in connection with acquisitions of health care facilities
  • Advised clients on Medicare Secondary Payor issues and Section 111 requirements
  • Defended clients in recoupment action based on ZPIC audits and handled related appeals
  • Worked with provider clients on self-disclosures and voluntary refunds in connection with overpayments, compensation issues and employment of excluded individuals
  • Developed corporate compliance plans and policies for hospitals, physician practices and long term care providers
  • Conducted compliance exit interviews
  • Supervised compliance audits by outside consultants
  • Represented clients in CON trials and appeals concerning operating rooms, acute care beds, endoscopy rooms, major hospital renovation and expansion  projects, free-standing emergency departments, major medical equipment,  skilled nursing facilities, and home health agencies
  • Provided extensive counseling concerning CON compliance and prepared numerous exemption notice letters and "no review" letters
  • Served as counsel in arbitration concerning dispute between two hospitals regarding CON settlement
  • Represented clients in NC Court of Appeals and Supreme Court in CON litigation concerning exemptions from CON Act
  • Served as counsel in federal court litigation concerning ownership of CON rights to skilled nursing facility following a bankruptcy sale
  • Counseled clients concerning and in preparation of resident admission agreements and arbitration agreements
  • Provided guidance regarding patient billing and collection policies and procedures
  • Advised clients concerning and in preparation of operational policies and procedures, forms and patient information hand-outs for hospitals, nursing homes, assisted living facilities and CCRCs
  • Provided guidance regarding informed consent, bioethical issues and difficult patient discharges
  • Advised clients on peer review investigations
  • Counseled providers on scope of practice, supervision and billing requirements for physician extenders
  • Worked closely with clients on risk management initiatives and investigations of incidents and sentinel events
  • Represented medical staff leadership and individual physicians in medical staff fair hearings
  • Handled appeals of long term care survey and penalty enforcement actions
  • Served as counsel in professional discipline and licensure litigation for physicians, psychologists, nurses and nursing home administrators
  • Represented clients in defending medical malpractice and products liability claims related to contaminated steroid products
  • Served as counsel preparing to file for injunctive relief in federal court to stop fast track decertification based on EMTALA deficiencies
  • Represented third parties in response to government investigation subpoenas
  • Represented long term care providers in over 100 claims, lawsuits and arbitrations

Reported Cases

  • Surgical Care Affiliates, LLC and Blue Ridge Day Surgery Center, L.P., v. N.C. Department of Health and Human Services, __ N.C. App. ___, 762 S.E.2d 468, No. COA13-1322 (August 2014).
  • Lucille Crossman, Administrator of the Estate of Lionel Crossman, v. Life Care Centers of America, Inc., 738 S.E.2d 737 (N.C. Ct. App. 2013).
  • Hope-A Women's Cancer Center, P.A. v. N.C. Department of Health and Human Services, 203 N.C. App. 276, 691 S.E.2d 421 (2010); disc. review denied, 706 S.E.2d 254 (2011).
  • Forsyth Memorial Hosp. Inc. v. N.C. Department of Health and Human Services, 648 S.E.2d 212 (Mem) (2007).
  • Rutherford Hospital, Inc. v. RNH Partnership, 168 F.3d 693 (4th Cir. 1999).
  • Britthaven, Inc. v. North Carolina Department of Human Resources, 341 N.C. 418, 461 S.E.2d 754 (1995).
  • Marble Bank v. Commonwealth Land Title Ins. Co., 62 F.3d 1415 (4th Cir. 1995) (unpublished decision).