Randall R. Fearnow

Randall Fearnow concentrates his practice in the areas of health care and government relations. Randy’s experience includes many years representing the interests of health care providers in state and federal trial and appellate courts. He began his legal career in 1979 with the prosecuting attorney’s office in Indianapolis where he was responsible for trying major felonies. That experience, combined with his expertise in health care litigation, has enabled him to represent effectively health care providers who have become the focus of state or federal audits or investigations. He also represents health care providers facing qui tam and civil false claims allegations. Randy worked in various capacities with the Indiana General Assembly from 1983 to 1998, including five sessions as Chief Counsel to the Senate from 1993 to 1998. From 1985 to 1987, he served as General Counsel and Vice President of Government Relations for the Indiana Health Care Association. In 2008, in recognition of the expanding regional scope of his health care practice, he moved his primary office to Chicago where he serves as the partner in charge of the Krieg DeVault Chicago office. He advises physicians, nursing facilities, home health agencies, ambulatory surgery centers, transportation providers, and many other health care companies on a variety of regulatory issues.

Representative Experience

• Lead counsel in several cases establishing important precedents in Administrative Law
• Represented the plaintiff at trial and on appeal in a case allowing the defense of estoppel to be imposed against the state
• Trial and Appellate counsel in a case overturning an unauthorized state agency moratorium
• Class counsel in a series of cases establishing requirements for injunctive relief against the state
• Lobbied successfully on behalf of the Indiana nursing home industry for coverage under the Indiana Medical Malpractice Act
• Helped shape Indiana certificate of need law through lobbying efforts on behalf of nursing home providers
• Has defended at trial and on appeal an order imposing increased Medicaid reimbursement over a 20 year period for a provider of specialized services for the developmentally disabled

Education

• Indiana University Robert H. McKinney School of Law in Indianapolis, Indiana (J.D., 1981)
• University of Indianapolis, Indianapolis, Indiana (B.A., magna cum laude, 1977)

Bar Admissions

• Indiana, 1981
• U.S. District Court for the Southern District of Indiana, 1981
• U.S. District Court for the Northern District of Indiana, 1989
• U.S. Court of Appeals 7th Circuit, 1990
• U.S. District Court for the Northern District of Illinois, 2009
• Illinois, 2009

Professional Associations

• American Health Lawyers Association, 1989-Present (Member)
• Indianapolis Bar Association, 1993-Present (Member)
• Indiana State Bar Association - Health Care & Medicine Section (Past President)
• University of Indianapolis Board of Advocates, 2000-Present (Member)
• Columbia Club, 1989-Present (Member)
• Indiana University School of Law-Indianapolis Alumni Association, 1981-Present
• Indiana University Foundation Well House Society  (Member)
• Illinois State Bar Association, 2009 (Member)
• Illinois Association of Health Care Attorneys (Member)
• Union League Club of Chicago, 2009-Present (Member)
• Chicago Bar Association, 2009 (Member)
• Chicago Bar Foundation, 2010

Awards and Recognitions

• Illinois Super Lawyers
• Indiana Super Lawyers
• Distinguished Fellow, Indianapolis Bar Foundation

Seminars and Presentations

• "Health Care Reform: Provisions with Immediate Impact," INARF Financial Management Professional Interest Section, July 21, 2010
• "Trouble On Indiana Avenue:  Use of State False Claims Acts to Recover Funds Paid to Employers of Excluded Individuals," American Health Lawyers Fraud and Abuse Conference, October 2008, Indiana Health Care Association, May 2009
• "Medicare and Medicaid Fraud and Abuse: How to Protect Yourself During an Audit or Investigation," Indiana State Medical Association Fraud and Abuse Conference, March 5 and March 12, 2008; Krieg DeVault LLP Client Seminar, May 19, 2008, Chicago, Illinois; INARF-Financial Management Professional Interest Section, July 23, 2008
• "Medicaid Fraud and Abuse Enforcement Initiatives," Indiana Association of Homes & Services for the Aging Fall Conference, September 19, 2007

Publications

• "Nursing Home Certificate of Need Public Policy and Politics", The Indiana Lawyer, Vol. 8, No. 4, May, 1997
• "Trouble on Indiana Avenue: Use of State False Claims Acts to Recover Funds Paid to Employers of Excluded Individuals", American Health Lawyers Association, October 6, 2008