Andrew Breck concentrates his practice in health care law. He has extensive experience with Federal and State laws and regulations related to fraud and abuse compliance, including the Anti-Kickback Statute and Stark Law. He also regularly assist clients with other health care matters involving HIPAA and state laws on privacy and security compliance, health technology, ambulatory surgery centers (“ASCs”), pharmacies, on-site health clinics, corporate compliance programs, and animal law.
Mr. Breck also focuses his practice in representing parties in various health care corporate matters such as restructuring, mergers and acquisitions, and start-up companies. This includes developing and negotiating corporate governance documents on behalf of a variety of healthcare clients including individual providers, physician group practices, ASCs, and hospital and health systems.
Within the health care industry, Mr. Breck also works with healthcare providers on physician employment-related matters including negotiating employment and severance agreements, non-competition issues, and workers’ compensation.
Representative Experience
- Provided legal services in all aspects of the healthcare industry including hospital systems, ASCs, physician group practices, and individual medical providers
- Represented individual providers on employment matters such as employment agreements and severance agreements
- Negotiated supply chain agreements for group purchasing organizations and managed care contracts on behalf of hospital systems and physician groups Negotiated clinical trial agreements for clients with research capabilities
- Advised healthcare clients on regulatory matters including analysis of subregulatory guidance on issues involving fraud and abuse, reimbursement, telemedicine, pharmacy, HIPAA and state privacy and security, and animal law.
- Lead a variety of other healthcare matters including provider peer review, labor and employment, and corporate transactions and restructuring issues
Professional Associations
- Member, American Health Lawyers Association
- Member, Indiana Bar Association
- Member, Indianapolis Bar Association
Civic Involvement
- Volunteer, Indiana Sports Corp Volunteer Program
Seminars & Presentations
- Panelist, "2020 Vision Going Forward: How to See Yourself Through This," Indiana State Bar Association Webinar, May 2020
Publications
- Co-Author, "Come One, Come All: New Reciprocity Laws for Health Care Professionals in Indiana," June 30, 2022
- Co-Author, "Transparency is the Name of the Game," June 13, 2022
- Co-Author, "What is a “Referral” Under the Anti-Kickback Statute?," August 31, 2021
- Co-Author, "Hurry Up and Wait: HHS Delays Reporting Requirements on Coronavirus Provider Relief Funds," February 10, 2021
- Co-Author, "COVID-19, Faith, and 'Technical Assistance' from OCR," November 3, 2020
- Co-Author, "Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers," October 7, 2020
- Co-Author, "Recruiting Success Tips for Progressive Practices," September 14, 2020
- Co-Author, "Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements," September 2, 2020
- Co-Author, "How Does My Compliance Program Measure Up?" June 9, 2020
- Co-Author, "Don't Be Complacent, Be Compliant - CMS and OIG Online Sources Continue to Provide Important Compliance and COVID-19 Updates," June 4, 2020
- Co-Author, "When It Rains, It Pours - Nursing Facilities to Face Imminent Survey Activity, Enhanced Enforcement Actions, and Staff Testing Requirements as a Result of COVID-19," June 3, 2020
- Co-Author, "CMS Releases Telehealth Toolkits," March 23, 2020
- Co-Author, "How "Effective" Is Your Compliance Program?" May 21, 2019
- Co-Author, "Updated INSPECT Requirements Will Streamline Practitioner Obligations," May 1, 2019
- Co-Author, "OIG Issues Favorable Advisory Opinion on Waiver of Cost-Sharing Amounts for Charitable Pediatric Care," February 17, 2019
- Co-Author, "HHS Seeks Comments on Changes to HIPAA to Promote Improved Care Coordination," January 7, 2019
- Keeping Your Head on Straight: Protecting Indiana Youth Athletes from Traumatic Brain Injuries Through "Return-to-Play" Legislation, 9 Ind. Health L. Rev. 215, 2012
Certifications
- Legal Lean Sigma® White Belt
Education
-
J.D., magna cum laude, Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2012
- Executive Articles Editor for the Indiana Health Law Review
-
B.A. in Economics, cum laude, DePauw University, Greencastle, Indiana, 2006
- Graduate of Management Fellows Honor Program
Bar & Court Admissions
- Indiana (2012)
- U.S. District Court for the Northern District of Indiana (2012)
- U.S. District Court for the Southern District of Indiana (2012)
Practices
Industries

Running

Craft Beer Connoisseur

Indianapolis Colts
Health Care

Come One, Come All: New Reciprocity Laws for Health Care Professionals in Indiana
June 30, 2022
Health Care

Hurry Up and Wait: HHS Delays Reporting Requirements on Coronavirus Provider Relief Funds
February 10, 2021
Health Care

Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers
October 7, 2020
Health Care

Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements
September 2, 2020
Thought Leadership

CMS' Final Rule on Discharge Planning Expands Patient Choice and Supports Interoperability
October 28, 2019
Thought Leadership

CMS and OIG Online Sources Provide Important Updates Regarding Corporate Compliance
September 16, 2019
Thought Leadership

CMS Proposes New Rules Aimed at Reshaping Medicare Payment Policies
August 26, 2019
Thought Leadership

CMS Unveils New Value-Based Payment Options for Primary Care Practices
May 21, 2019
Thought Leadership

Updated INSPECT Requirements Will Streamline Practitioner Obligations
May 1, 2019
Thought Leadership

OIG Issues Favorable Advisory Opinion on Waiver of Cost-Sharing Amounts for Charitable Pediatric Care
February 17, 2019
Thought Leadership

HHS Seeks Comments on Changes to HIPAA to Promote Improved Care Coordination
January 7, 2019
Health Care

Don’t Let the End of the Public Health Emergency Create a Compliance Problem
May 19, 2023
Health Care

CMS Runs Out of Patience: Hospital Price Transparency Rules to Face Stricter Enforcement
May 9, 2023
Health Care

Long Term Reform Coming to Long Term Care: What Changed in the 2023 Indiana Legislative Session
May 8, 2023
Health Care

CMS's Proposed Government Overpayment Rule Is Sure to Make You Sleep Less (Podcast)
February 8, 2023
Health Care

Are You Compliant with Indiana’s Annual Hospital Public Forum Requirement?
January 6, 2023
Litigation

Religious Health Care Providers, The ACA, And Gender Transition Procedures
December 21, 2022
Firm News and Events

Krieg DeVault Adds Associates Andrew N. Warner, Katelyn E. Doering, Alexus D. Lucas, and Michael J. Moser
November 1, 2022
Health Care

Private Equity Investment in Medical Practices Series: STEP 3 - Pre-Sale Diligence
September 29, 2022
Health Care

PHI Here, There, and Everywhere - Liability for Improper Disposal of Items Containing PHI
September 14, 2022
Health Care

Temporary Medical Licenses Preserved into October as Public Health Emergency Renewed at 11th Hour
July 21, 2022
Health Care

Private Equity Investment in Medical Practices Series: STEP 2 - Should I Use a Broker?
April 8, 2022
Firm News and Events

Julie A. Johnsten and Crystal L. Stallworth Join Krieg DeVault as Paralegals
February 1, 2022
Labor and Employment

CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling
January 20, 2022
Firm News and Events

Partner Shelley M. Jackson Named a Vice President of the Board of Directors of the Indianapolis Bar Association
January 10, 2022
Health Care

Getting Staff to Report Impaired Physicians May Have Just Become More Difficult
August 31, 2021
Health Care

Into the Unknown: A look Into the Uncertain Future of New Surprise Billing Laws Podcast
August 21, 2021
Labor and Employment

Vaccine Verdict: 7th Circuit Declares Indiana University’s Vaccine Mandate Constitutional
August 6, 2021
Health Care

Don’t Be Caught by Surprise! Prepare for New Medical Surprise Billing Laws Effective January 1, 2022
July 15, 2021
Health Care

Congress Reintroduces Marijuana Data Collection Act: Reevaluating Federal Marijuana Policy
June 28, 2021
Health Care

Veterans Medical Marijuana Bills Introduced Ahead of Military Appreciation Month
May 7, 2021
Health Care

Between a Rock and a Hard Place – 340B Covered Entities Sidelined as Battle Over Drug Pricing Continues
April 20, 2021
Health Care

Constant Vigilance! Recent Microsoft Exchange Hack Reveals the High Cost of Letting Your Guard Down.
April 20, 2021
Health Care

Time for a Check Up: HIPAA Privacy Rule Modified for the First Time Since 2013
March 23, 2021
Health Care

Don't Lose Focus on Your Compliance with Important COVID-19 Requirements
November 16, 2020
Health Care

CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021
October 23, 2020
Health Care

Patient May Raise Vicarious Liability of Hospital for Unnamed Physicians in Medical Review Panel Submission
October 23, 2020
Labor and Employment

Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield
October 20, 2020
Health Care

Anesthesiologist's Business Card Given to Patient on Morning of Surgery Probably Won't Absolve Hospital of Liability
October 19, 2020
Health Care

Check Before You Repay: CMS Contractors' Overpayment Extrapolation Methods Questioned
September 2, 2020
Health Care

OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties
July 29, 2020
Health Care

Don't Be Surprised by Indiana's New Surprise Billing Requirements Effective July 1, 2020
July 14, 2020
Health Care

IRS Adds Frequently Asked Questions Addressing Taxation of Provider Relief Payments
July 14, 2020
Health Care

CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care
April 19, 2020
Health Care

OCR Relaxes Enforcement For Pandemic-Related Disclosures of PHI During Public Health Emergency
April 5, 2020
Health Care

Governor Holcomb Waives More Indiana Health Care Laws in Executive Order 20-13 to Address COVID-19
March 30, 2020
Health Care

Indiana Responds to COVID with Changes to Prior Authorization and Telemedicine
March 29, 2020
Health Care

CMS Expands and Makes Advance Medicare Payments More Available to Address Cash Flow Affected by COVID-19
March 29, 2020
Health Care

The CARES Act: Provisions Relevant to Health Care Providers & Access to Health Care Services
March 26, 2020
Health Care

CMS and OIG Temporarily Clear Regulatory Obstacles to Expand Telehealth Coverage to Address COVID-19
March 17, 2020
Health Care

OCR Temporarily Lessens HIPAA Requirements for Telecommunications in Wake of COVID-19
March 17, 2020
Firm News and Events

Shelley M. Jackson Joins Krieg DeVault's Health Care and Labor & Employment Practice Groups
February 2, 2020
Health Care

Proposed Bill Would Require Medical Bill and Out of Pocket Estimates to Patients
January 9, 2020
Firm News and Events

Krieg DeVault Announces 2020 Partners - Meghan M. Linvill McNab and Shannon L. Noder
January 1, 2020
Thought Leadership

HHS Announces Changes to Maximum Monetary Penalties for HIPAA Violations
May 21, 2019
Thought Leadership

OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers
April 8, 2019
Thought Leadership

Going, Going, Gone - Important Medical Records Considerations for Physicians Planning to Close Their Practice
March 25, 2019
Thought Leadership

HIPAA Violation Leads to Criminal Conviction of Former Patient Coordinator
March 19, 2019
Thought Leadership

OCR Breaks All-Time Record in 2018 with Final HIPAA Settlement for the Year
February 17, 2019
Thought Leadership

Updates to the Office of Inspector General Work Plan and Compliance Website
February 4, 2019
Thought Leadership

Conscience and Religious Freedom Division of the Office of Civil Rights Concludes California Violated Conscience Protection Laws
January 22, 2019
Thought Leadership

Responding to Online Patient Reviews: Legal and Practical Considerations for Physicians
January 7, 2019
Health Care

Expanded Medicaid Treatment Options for Individuals with Substance Use Disorder and Serious Mental Illness
December 17, 2018
Thought Leadership

Protecting Patient Information: The Importance of a Business Associate Agreement Under HIPAA
December 13, 2018
Firm News and Events

Andrew W. Breck Joins Krieg DeVault's Health Care Practice Group
December 12, 2018
Health Care

CMS Rule Reducing Medicare Payments for Certain Clinic Visits by Off-Campus PBDs
December 12, 2018
Health Care

US Department of Justice Announces Changes to Corporate Investigation Protocol
December 12, 2018
Firm News and Events

Brandon W. Shirley selected to Indiana State Bar Association's Leadership Development Academy Class of 2019
December 9, 2018
Thought Leadership

We May Finally Know Whether Being a Tricare Provider Makes One a Federal Contractor
December 3, 2018
Thought Leadership

Important Organizational Safeguards to Manage Healthcare Business Relationships
December 3, 2018
Firm News and Events

Krieg DeVault Welcomes Three New Associates - Alexandria M. Foster, Scott C. Frissell, and Ben Vandeventer
October 22, 2018
Firm News and Events

Partner Julie A. Rosenwinkel named Most Influential Woman in Law by the Northwest Indiana Influential Women Association
September 30, 2018
Thought Leadership

HHS OIG Recommends Greater Efforts by Medicaid Managed Care Organizations in Identifying and Addressing Medicaid Fraud and Abuse
August 7, 2018
Thought Leadership

Update on the May Meeting of the Indiana Commission to Combat Drug Abuse
May 9, 2018
Thought Leadership

Indiana Medicaid Finalizes Rule Changes Affecting Medicaid Home Health Providers
May 9, 2018
Thought Leadership

OCR Issues Guidance on the Performance of a HIPAA Risk Analysis v. a Gap Analysis
May 9, 2018
Thought Leadership

Bipartisan Budget Act Includes Important Changes to Fraud and Abuse Penalties
April 30, 2018
Thought Leadership

Legislation Streamlining Prior Authorization Requirements for Commercial Health Insurance Plans Becomes Law
March 25, 2018
Thought Leadership

Bill Requiring Practitioners to Check INSPECT Before Prescribing Passes House, Senate; Gov. Holcomb to Sign
March 19, 2018
Thought Leadership

CMS Reminder Regarding Services Rendered by Hospitals to Patients Staying in Other Facilities
March 18, 2018
Thought Leadership

OIG Approves of Hospital-Physician Gainsharing Arrangement, But Details Prove Critical
March 4, 2018
Thought Leadership

Recent OCR Resolution Agreement and Corrective Action Plan ... Lessons Learned
February 25, 2018
Thought Leadership

Ability to Prescribe Buprenorphine Expanded to Mid-Level Practitioners
February 25, 2018
Thought Leadership

D.C. District Court Clarifies Lab Requirement for Establishing Medical Necessity
February 1, 2018
Thought Leadership

Professional Licensing Changes Benefit Indiana Professional Corporation
January 3, 2018
Firm News and Events

Stacy Walton Long to Serve on Executive Women in Healthcare Board
January 2, 2018
Firm News and Events

Krieg DeVault Announces 10 Attorneys as 2023 Indiana Super Lawyers; 9 as 2023 Indiana Rising Stars
February 28, 2023
Firm News and Events

Known By the Successful Company We Keep® - Krieg DeVault Issues Annual Ad Showcasing Transactions from Many of Our Valued and Successful Clients
January 30, 2023
Firm News and Events

Krieg DeVault Announces 13 Attorneys as 2022 Indiana Super Lawyers; 6 as 2022 Indiana Rising Stars
February 24, 2022
Thought Leadership

CMS Moves Closer to Clarifying Hospital Co-Location Rules with Draft Guidance
June 9, 2019
Thought Leadership

Indiana's New Legacy Trust: An Asset Protection Strategy for Hoosiers
June 9, 2019
Andrew Breck concentrates his practice in health care law. He has extensive experience with Federal and State laws and regulations related to fraud and abuse compliance, including the Anti-Kickback Statute and Stark Law. He also regularly assist clients with other health care matters involving HIPAA and state laws on privacy and security compliance, health technology, ambulatory surgery centers (“ASCs”), pharmacies, on-site health clinics, corporate compliance programs, and animal law.
Mr. Breck also focuses his practice in representing parties in various health care corporate matters such as restructuring, mergers and acquisitions, and start-up companies. This includes developing and negotiating corporate governance documents on behalf of a variety of healthcare clients including individual providers, physician group practices, ASCs, and hospital and health systems.
Within the health care industry, Mr. Breck also works with healthcare providers on physician employment-related matters including negotiating employment and severance agreements, non-competition issues, and workers’ compensation.
Representative Experience
- Provided legal services in all aspects of the healthcare industry including hospital systems, ASCs, physician group practices, and individual medical providers
- Represented individual providers on employment matters such as employment agreements and severance agreements
- Negotiated supply chain agreements for group purchasing organizations and managed care contracts on behalf of hospital systems and physician groups Negotiated clinical trial agreements for clients with research capabilities
- Advised healthcare clients on regulatory matters including analysis of subregulatory guidance on issues involving fraud and abuse, reimbursement, telemedicine, pharmacy, HIPAA and state privacy and security, and animal law.
- Lead a variety of other healthcare matters including provider peer review, labor and employment, and corporate transactions and restructuring issues
Professional Associations
- Member, American Health Lawyers Association
- Member, Indiana Bar Association
- Member, Indianapolis Bar Association
Civic Involvement
- Volunteer, Indiana Sports Corp Volunteer Program
Seminars & Presentations
- Panelist, "2020 Vision Going Forward: How to See Yourself Through This," Indiana State Bar Association Webinar, May 2020
Publications
- Co-Author, "Come One, Come All: New Reciprocity Laws for Health Care Professionals in Indiana," June 30, 2022
- Co-Author, "Transparency is the Name of the Game," June 13, 2022
- Co-Author, "What is a “Referral” Under the Anti-Kickback Statute?," August 31, 2021
- Co-Author, "Hurry Up and Wait: HHS Delays Reporting Requirements on Coronavirus Provider Relief Funds," February 10, 2021
- Co-Author, "COVID-19, Faith, and 'Technical Assistance' from OCR," November 3, 2020
- Co-Author, "Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers," October 7, 2020
- Co-Author, "Recruiting Success Tips for Progressive Practices," September 14, 2020
- Co-Author, "Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements," September 2, 2020
- Co-Author, "How Does My Compliance Program Measure Up?" June 9, 2020
- Co-Author, "Don't Be Complacent, Be Compliant - CMS and OIG Online Sources Continue to Provide Important Compliance and COVID-19 Updates," June 4, 2020
- Co-Author, "When It Rains, It Pours - Nursing Facilities to Face Imminent Survey Activity, Enhanced Enforcement Actions, and Staff Testing Requirements as a Result of COVID-19," June 3, 2020
- Co-Author, "CMS Releases Telehealth Toolkits," March 23, 2020
- Co-Author, "How "Effective" Is Your Compliance Program?" May 21, 2019
- Co-Author, "Updated INSPECT Requirements Will Streamline Practitioner Obligations," May 1, 2019
- Co-Author, "OIG Issues Favorable Advisory Opinion on Waiver of Cost-Sharing Amounts for Charitable Pediatric Care," February 17, 2019
- Co-Author, "HHS Seeks Comments on Changes to HIPAA to Promote Improved Care Coordination," January 7, 2019
- Keeping Your Head on Straight: Protecting Indiana Youth Athletes from Traumatic Brain Injuries Through "Return-to-Play" Legislation, 9 Ind. Health L. Rev. 215, 2012
Certifications
- Legal Lean Sigma® White Belt
Education
-
J.D., magna cum laude, Indiana University Robert H. McKinney School of Law, Indianapolis, Indiana, 2012
- Executive Articles Editor for the Indiana Health Law Review
-
B.A. in Economics, cum laude, DePauw University, Greencastle, Indiana, 2006
- Graduate of Management Fellows Honor Program
Bar & Court Admissions
- Indiana (2012)
- U.S. District Court for the Northern District of Indiana (2012)
- U.S. District Court for the Southern District of Indiana (2012)