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Megan C. Phillips

Megan C. Phillips

Senior Counsel
Omaha
office: 402.964.5035
fax: 402.964.5050
Overview

Megan assists large health systems, adult and pediatric hospitals, physician practices, post-acute care providers, wellness companies, and other types of health care providers with various health care legal matters.

She regularly advises these clients on issues related to compliance with the Stark Law, Anti-Kickback Statute, False Claims Act, Health Insurance Portability and Accountability Act (HIPAA), and state law matters. She also has extensive experience in interpreting Medicare and various state Medicaid coverage and reimbursement provisions, and routinely assists clients with compliance reviews and repayment assessments.

Megan also frequently structures financial relationships between hospitals and physicians, with a particular focus on the Stark Law and Anti-Kickback Statute implications of these arrangements. In working with both hospital and physician clients, Megan has assisted with the development and negotiation of various hospital-physician affiliation agreements, including arrangements involving employment, professional and administrative services, physician recruitment and space and equipment usage. She also provides guidance regarding general contract interpretation issues and disputes.

Megan is also experienced with working with the Centers for Medicare and Medicaid Services (CMS), The Office of Inspector General (OIG) and the Department of Justice (DOJ) through the submission of several self-disclosures involving alleged Stark and/or Anti-Kickback Statute violations. She has assisted in all stages of the self-disclosure process and settlement. She has also worked with clients to develop effective measures to ensure that future violations do not occur.

In addition, Megan is a member of the American Health Lawyers Association (AHLA) and has written several articles on healthcare law matters. Megan was also a co-author of “Avoiding Fraud and Abuse in the Medical Office,” a book jointly published by the American Medical Association (AMA) and AHLA that provides guidance to physicians on preventing fraud and abuse in their medical practices.


Industries

Services

Education

  • J.D., Washington University School of Law
      • Order of the Coif  
      • Journal of Law and Policy, staff editor
  • B.A., University of San Diego
    • magna cum laude

Admissions

  • Nebraska
  • Missouri

Professional Associations and Memberships

  • American Health Lawyers Association
Experience
  • Assisted in the representation of a three-hospital health system in southwest Missourifacing extensive federal civil liability for physician compensation agreements. Investigation was resolved with no criminal charges and no admissions of violating False Claims Act, largely reducing Freeman’s repayment obligations and preventing costly post-settlement government oversight.
  • Assisted in negotiation and settlement with the DOJ of alleged Stark Law violations by a multi-hospital health system. Negotiated settlement amount was much lower than what the federal government initially requested and included a broad release regarding the scope of conduct covered.
  • Assisted adult and pediatric hospitals with self-disclosures made to OIG, CMS and DOJ.
  • Assisted with obtaining advisory opinion from the OIG regarding Anti-Kickback Statute implications of proposed arrangement, including initial submission of request and subsequent negotiation of opinion with OIG.
  • Advised a multi-hospital health system on all aspects of physician contracting, including contract development and negotiation, regulatory analysis and operational considerations.
  • Assisted adult and pediatric hospitals with identifying and resolving various health care compliance issues.
  • Advised hospitals and other providers on Stark Law, Anti-Kickback Statue, False Claims Act, HIPAA, and Medicare/Medicaid reimbursement/repayment issues. Worked with valuation experts to assess fair market value compensation under employment, professional services and other hospital-physician affiliation arrangements.
  • Assisted with the review and analysis of wellness and med spa operations in response to a federal and state compliance investigation.