Overview

Michael counsels and represents healthcare providers in a wide range of issues that arise in the health care industry.  Whether a client needs representation in a litigation or administrative proceeding; requires assistance regarding the complicated regulations governing healthcare; seeks advice about practice management and protocols; or simply wants to discuss a pressing concern, Michael’s goal is to assist in creating a proactive and responsive solution to the client’s need.

Experience

Healthcare

Michael regularly advises physicians, nurse practitioners, chiropractors, hospitals, practice managers, nursing homes, long-term healthcare facilities, pharmacists, psychiatrists, psychologists, dentists and healthcare administrators regarding:

• HIPAA and patient privacy
• Business associate agreements
• Fraud and abuse
• Qui Tam actions
• Peer review
• Administrative audits (RAC audits)
• Insurance payment issues and overpayments
• False Claims Act
• Stark and referral issues
• Anti-Kickback Statute
• Licensing and credentialing issues
• Operation agreements
• By-laws and practice management guidelines
• Treatment protocols
• Mental health privacy issues
• Electronic medical records and HITECH Act
• Prescription issues and INSPECT

Representative Cases and Engagements

• Represented a health care practice in a fraud and abuse action brought by a whistleblower with the assistance of federal and state agencies.  The federal court granted a voluntary dismissal of the whistleblower’s $9.6 million claim.
• Represented a medical provider who was the target of a RAC audit and a claim from FSSA for over $500,000 and associated penalties.
• Represented physicians, nurse practitioners, chiropractors, nursing homes and pharmacists before their respective licensing boards in disciplinary and other administrative actions.
• Crafted business associate agreements, privacy protocols, HIPAA notice and compliance policies, by-laws and practice protocols and other regulatory and practice documentation.
• Represented physicians, nurses, nurse practitioners, chiropractors, ophthalmologists, hospitals and practice groups in medical malpractice actions.
• Advised physicians, practice groups, hospitals, counseling centers and other health care providers regarding patient privacy, regulatory compliance, terminating patient relationships, liability protection and insurance coverage concerns.
• On behalf of a mental health solutions company and software developer negotiated contracts and agreements with the United States Department of Defense, state and private universities and colleges and private companies.

General and Commercial Litigation

Michael represents clients before federal and state courts, and various other federal, state and local government agencies.

Representative Cases and Examples:

• Defense of contractor in multi-million dollar negligence and loss of business case which included substantial electronic discovery and extensive deposition testimony
• Defense of non-health care professionals before licensing boards and administrative agencies and responding to consumer complaints forwarded to the Indiana Attorney General
• Defense of businesses and business owners in premises liability matters cases including “slip and fall” cases, negligent maintenance cases and product injury cases
• Defense of manufacturers against product liability and negligent design allegations

Insurance Coverage and Subrogation

Michael represents insurers and, at times, policyholders regarding insurance coverage issues.  Michael also represents insurers in large loss subrogation claims against other insurance companies or businesses.

Reported Cases:

• Amicus Curiae brief for DTCI in Green v. Robertson, 56 N.E.3d 682 (Ind. Ct. App. 2016) filed in opposition to petition to transfer.
• N.K. v. St. Mary’s Med. Ctr., 785 N.E.2d 303 (Ind. Ct. App. 2003); trans denied 2003 Ind. LEXIS 623  Successful defense of a hospital against allegations of improper physical contact between an inpatient and a hospital employee.
• Beard v. Dominguez,  847 N.E.2d 1054 (Ind. Ct. App. 2006) trans denied denied 860 N.E.2d 592, 2006 Ind. LEXIS 875 (Ind., 2006)US Supreme Court certiorari denied by 2007 U.S. LEXIS 2326 (U.S., Feb. 20, 2007)  Obtained dismissal of medical malpractice complaint after filing a preliminary determination of law when Plaintiff failed to obtain an expert.
• State Farm Ins. v. Freeman, 847 N.E.2d 1047 (Ind. Ct. App. 2006) Reversed a trial court decision denying insurer’s request for a jury trial.
• Hodge v. Johnson,  852 N.E.2d 650; (Ind. Ct. App. 2006) Reaffirmation of dismissal of plaintiff’s medical malpractice claim after plaintiff attempted to reassert complaint.

Professional Activities

• Evansville and Indiana State Bar Associations
• Defense Trial Counsel of Indiana
• Defense Research Institute
• National Health Lawyers Association
• Rueben Clark Law Society

Articles & Presentations

• “The Legal Aspects of Documentation” – Vanderburgh County Association of Physical and Occupational Therapists,  September 18, 2014
• “Federal Laws and Medical Records” – University of Southern  Indiana Nursing Students, February 24, 2014
• “Insurance Litigation and Selection of Counsel Provisions”- Human Resource Managers and Business Administrators,  2012
• “HIPAA and Patient Privacy”- Deaconess Hospital Medical Association, January 2010
• “Deposition Tips and Strategies”- Deaconess Hospital Medical Staff,  August 2008
• “Deposition Basics”- Deaconess Hospital Family Practice Residents, June 2007
• “Medical Records, Patient Privacy and HIPAA” (through Lorman Education Services) to nurses and practice managers, March 2006