
Regulatory and Reimbursement
With decades of experience in navigating the complexities of health care regulation and payment methodologies, the attorneys in Wiggin and Danaโs Regulatory Compliance and Reimbursement Practice Group represent clients across the health care industry. We counsel hospitals, academic medical centers, nursing homes, home health care agencies, hospices, physicians, dentists, psychiatric facilities, substance abuse treatment providers, clinical laboratories, pharmacies, dialysis providers, imaging companies, and other health care clients on all aspects of regulatory compliance and reimbursement, including:
- Certificate of need, licensure, and accreditation
- Medicare and Medicaid certification and enrollment
- Fraud and abuse analysis, including the Stark Law and Anti-Kickback Statute as well as related state laws
- State and federal surveys and inspections, including dispute resolution and appeals
- Change of ownership (CHOW) process
- Provider-based rules
- Reporting requirements
- Regulatory and reimbursement considerations involved in business planning, mergers and acquisitions, corporate restructuring, and finance
- Policy, legislative, and regulatory issues involving health care regulatory compliance and reimbursement matters
- Technical billing, coding, and reimbursement rules
- Medicare secondary payor rules
- Graduate medical education
- Compliance, false claims, and government audits and civil, criminal, and administrative investigations relating to billing and reimbursement
- Dispute resolution and litigation involving reimbursement issues before state and federal contractors, Medicare Advantage Organizations, regulatory agencies, and courts
In addition, as counsel to several national, regional, and state trade associations, we provide insights on regulatory and reimbursement policy matters.
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Experience
Wiggin and Danaโs recent experience in regulatory compliance and reimbursement matters includes the following:
- Served as lead counsel in a multi-prong administrative and court challenge to Connecticutโs hospital tax and Medicaid reimbursement system for hospitals, resulting in a favorable settlement with payment of $1.8 billion to hospitals over seven years
- Represented nationwide provider of residential mental health and substance abuse treatment services for adolescents in obtaining certificate of need approval for new residence following contentious public hearing
- Obtained a certificate of need and Attorney Generalโs Office approvals for conversion of a nonprofit health system
- Obtained a temporary restraining order in federal court to avert termination of a home health care client, leading to negotiation of a favorable CMS settlement
- Served as state health care regulatory counsel in dozens of nationwide and regional transactions and financings, including transactions effectuating changes of ownership
- Drafted and advised on hospital Medicaid reimbursement and provider tax legislation, as well as legislation governing audits of Medicaid providers
- Represented a physician practice in unraveling Medicare, Medicaid, and other payor-enrollment issues
- Negotiated statewide settlement of hospital audits involving Medicare cost-sharing payments
- Secured $3 million in reimbursement for a long-term care client following a win over the state in the first Medicaid rate hearing in over 15 years
- Navigated a mental health mobile provider through deactivation of its Medicare enrollment number, resulting in a favorable settlement for the provider