Eric S. Klein

Government Investigations

Represent health care providers, managed care organizations, medical billing companies, and dental service organizations in government fraud investigations. Advise clients regarding internal investigations, compliance programs and governance issues, including issues related to the False Claims Act (“FCA”), federal and state anti-kickback statutes, and physician self-referral prohibitions.

Corporate Transactions

Advise health care providers in structuring businesses and transactions to comply with legal and payor requirements. Represent providers in mergers and acquisitions, joint ventures, affiliations, conversions and consolidations. Advise clients on the corporate practice of medicine and dentistry.

Medicare Enrollment

Advise health care providers on various aspects of Medicare enrollment, including initial enrollment applications, changes of ownership, changes of information, revalidations, and how to handle situations where providers fail to make the required updates to their enrollment information.

Managed Care and Insurance

Review and negotiate managed care and insurance contracts on behalf of providers, managed care organizations, and commercial insurers. Counsel clients regarding formation of clinically integrated networks. 

Compliance

Draft and review compliance program manuals and policies and procedures.  Advise compliance committees on internal and external audits, investigations and disclosures. Counsel clients regarding voluntary disclosure, overpayments, and appeal of Medicare, Medicaid, and other third party payor reimbursement decisions.

Physician Employment Contracts

Review and negotiate physician employment contracts, including disputes regarding non-competition and non-solicitation covenants.

Nonprofit and Tax-Exempt Organizations

Advise charitable organizations (including educational, health care, research, religious, and social welfare organizations) on issues relating to state nonprofit corporation laws and corporate governance documents; federal tax-exemption under Sections 501(c)(3), 501(c)(4), and other provisions of the Internal Revenue Code; and state and federal regulation of charities and charitable solicitations.