Robert A. Anderson

Partner
Offices: Merrillville, Chicago
randerson@kdlegal.com
p: 219-227-6104
f: 219-227-6101

Robert Anderson is a skilled attorney with over 30 years of experience in healthcare, litigation, and issues facing health care providers. His diverse practice gives him a unique and practical understanding of the relationship between legal, compliance, and operational issues and the challenges faced by in-house legal teams in healthcare organizations. He has advised and represented healthcare providers, including hospitals, medical groups, skilled nursing facilities, physicians, residents, nurses, and others in a broad array of compliance, regulatory, and litigation matters. He served as general counsel for a hospital system and multi-specialty physician group for several years, drafted or reviewed hundreds of contracts on behalf of healthcare providers, tried numerous cases to verdict before judges and juries, and appeared before regulators, trial courts, and appellate courts at both the state and federal levels in Indiana and Illinois.

Mr. Anderson assists clients with state and federal privacy issues. He counsels clients on the use of electronic health record systems, meaningful use of certified electronic health record technology, and issues associated with information blocking.

Mr. Anderson serves on the firm’s Executive and Information Technology Committees.

Experience

Representative Experience

Served as outside General Counsel to multi-hospital system and large, multi-specialty physician group
Successfully appealed denial of property tax exemptions for physician office buildings to the Indiana Board of Tax Review following full evidentiary hearing
Obtained numerous preliminary injunctions enforcing restrictive covenants against physicians and defended physicians in restrictive covenant enforcement actions
Tried numerous medical professional liability cases to jury verdict
Successfully represented healthcare system in False Claims Act qui tam action

Areas of Practice Concentration

General Healthcare Litigation
Restrictive Covenants
HIPAA Privacy & Security matters
Mental Health Law and Drug & Alcohol Rehabilitation Regulations
Medical Professional Liability
Healthcare Compliance, including Stark, Anti-Kickback, and False Claims Act
Not-For-Profit law
Medical Staff Hearings and Disputes

Professional Associations

American Health Lawyers Association, Member
Indiana Bar Association, Member
Lake County Bar Association, Member

Publications & Presentations

Court Finds Restrictive Covenant Unenforceable Against Hospital-Based CRNA’s
To Treat, or Not to Treat … Decisional Capacity
Indiana Legislature Modifies Medical Consent and POST Statutes
Keys to Successful Admission of Exhibits into Evidence
Consents/HIPAA & Surrogate Decision Makers
Nursing Documentation
Legal E-Holds and E-Discovery
Depositions for Healthcare Providers
Avoiding Collisions at the Intersection of Healthcare and Law Enforcement
Informed Consent: Who, What, When, Where & Why? (Not Necessarily In That Order)
Basics of Informed Consent
Confidentiality, Privilege, and Risk Management
Mental Health and the Law in Indiana
Restrictive Covenants and the Progression of the Law in Indiana
The Facts, Just the Facts: Best Practices for Responding to Medical Credentialing Requests after Kadlec

Publications

Credentials

Education

J.D., magna cum laude, University of Notre Dame Law School, Notre Dame, Indiana, 1990
B.S., Highest Distinction, Indiana University, Gary, Indiana, 1986

Bar & Court Admissions

Indiana (1990)
U.S. District Court for the Northern District of Indiana (1990)
U.S. District Court for the Southern District of Indiana (1990)
Illinois (2009)

Practices & Industries

Practices

Industries

Beyond the Office

Motorcycle Riding

Reading

Notre Dame

Insights

Health Care

OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers

April 8, 2019

Thought Leadership

HIPAA Violation Leads to Criminal Conviction of Former Patient Coordinator

March 19, 2019

Thought Leadership

Illinois Appeals Court Upholds Denial of Property Tax Exemption for Hospice Center

March 10, 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

CMS Takes into Consideration the “Totality of the Circumstances” in Withdrawing its Far Reaching Medicaid Fiscal Accountability Rule

September 15, 2020

Health Care

Don't Be Complacent, Be Compliant - CMS and OIG Online Sources Continue to Provide Important Compliance and COVID-19 Updates

June 4, 2020

Health Care

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

Health Care

DEA Removes In-Person Examination Requirement for Prescribing Controlled Substances Amid COVID-19 Public Health Emergency

March 18, 2020

Health Care

Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

November 18, 2018

Thought Leadership

Proposed Regulations Allowing for Expanded Usage of Health Reimbursement Arrangements (HRAs) - Another Step In President Trump's Focus on Health Care Reform

November 18, 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

Mr. Anderson serves on the firm’s Executive and Information Technology Committees.

Representative Experience

Served as outside General Counsel to multi-hospital system and large, multi-specialty physician group
Successfully appealed denial of property tax exemptions for physician office buildings to the Indiana Board of Tax Review following full evidentiary hearing
Obtained numerous preliminary injunctions enforcing restrictive covenants against physicians and defended physicians in restrictive covenant enforcement actions
Tried numerous medical professional liability cases to jury verdict
Successfully represented healthcare system in False Claims Act qui tam action

Areas of Practice Concentration

General Healthcare Litigation
Restrictive Covenants
HIPAA Privacy & Security matters
Mental Health Law and Drug & Alcohol Rehabilitation Regulations
Medical Professional Liability
Healthcare Compliance, including Stark, Anti-Kickback, and False Claims Act
Not-For-Profit law
Medical Staff Hearings and Disputes

Professional Associations

American Health Lawyers Association, Member
Indiana Bar Association, Member
Lake County Bar Association, Member

Publications & Presentations

Court Finds Restrictive Covenant Unenforceable Against Hospital-Based CRNA’s
To Treat, or Not to Treat … Decisional Capacity
Indiana Legislature Modifies Medical Consent and POST Statutes
Keys to Successful Admission of Exhibits into Evidence
Consents/HIPAA & Surrogate Decision Makers
Nursing Documentation
Legal E-Holds and E-Discovery
Depositions for Healthcare Providers
Avoiding Collisions at the Intersection of Healthcare and Law Enforcement
Informed Consent: Who, What, When, Where & Why? (Not Necessarily In That Order)
Basics of Informed Consent
Confidentiality, Privilege, and Risk Management
Mental Health and the Law in Indiana
Restrictive Covenants and the Progression of the Law in Indiana
The Facts, Just the Facts: Best Practices for Responding to Medical Credentialing Requests after Kadlec

Publications

Education

J.D., magna cum laude, University of Notre Dame Law School, Notre Dame, Indiana, 1990
B.S., Highest Distinction, Indiana University, Gary, Indiana, 1986