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Overview

Based upon decades of effective and efficient representation, David advises healthcare clients on a range of compliance and investigative matters.

He works closely with hospitals, physicians, professional corporations and other healthcare providers and professionals on issues such as hospital/physician contracting and joint ventures, Medicare fraud and abuse and other compliance issues, Stark II, Medicare payment disputes and tax-exempt entity challenges. He also advises on business and tax planning for traditional and alternative physician practice structures and group purchasing organization compliance.

David is actively involved in several healthcare organizations, including the American Health Lawyers Association, the Health Care Compliance Association, the Missouri Society of Health Care Attorneys and the Greater Kansas City Society of Health Care Attorneys.


Industry

Services

Recognition

  • Martindale-Hubbell AV Preeminent
  • Missouri & Kansas Super Lawyers, Health Care, 2007

Education

  • J.D., University of Missouri School of Law
    • Order of the Coif
    • Missouri Law Review
    • Phi Alpha Delta
  • B.A., Grinnell College
    • Political Science

Admissions

  • Missouri

Professional Associations and Memberships

  • American Health Lawyers Association, Hospitals and Health Systems’ Fair Market Value Affinity Group, Vice Chair, 2011-2012; Accountable Care Organization Task Force, Vice Chair, 2012-2013; AHLA/NACVA Work Group member
  • Health Care Compliance Association
  • Missouri Society of Health Care Attorneys
  • Greater Kansas City Society of Health Care Attorneys
  • Lawyers Association of Kansas City, President, 1997-1998
  • Foundation of the Lawyers Association of Kansas City, President, 1998-1999 
  • Kansas City Metropolitan Bar Association, Employee Benefits Committee, Chair, 1998
Experience
  • Served as lead counsel for a multi-hospital health system in conducting an internal investigation, making a self-disclosure and negotiating settlement with the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) and the Department of Justice (DOJ), including defending the system in litigation brought by a physician who was part of the self-disclosure.
  • Represented a hospital system in negotiating a hospital/hospital joint venture heart program.
  • Represented various hospital systems and physician groups in conducting compliance audits, including subsequent OIG and DOJ self-disclosures.
  • Represented hospital systems in implementing and unwinding hospital/physician joint ventures.
  • Structured and implemented a “group practice subsidiary” model for physician practice acquisitions for hospitals.
  • Represented a hospital system in governance restructuring.
  • Advised hospital in the complex acquisition of a physician-owned medical and radiation oncology therapy center, including structuring a professional service agreement, acquisition of assets and real estate, as well as Medicare “provider based” attestation and federal 340b issues.
  • Represented hospital systems in physician practice acquisitions and divestitures, including designing alternative compensation models and practice structures.
  • Represented an imaging center in an acquisition by hospital.