Krieg DeVault

Robert A. Anderson

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

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Overview
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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, Innovation, and Information Technology Committees.

Experience
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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

  • Co-Author, "Is Your Non-Compete Buy-Out Reasonable?" Krieg DeVault Health Care Newsletter, January 2021
  • Co-Author, "Don't Get Caught Information Blocking: What You Need to Know," Indiana State Medical Association E-Report, January 2021
  • Co-Author, "Court of Appeals Clears the Way for CMS's Hospital Price Transparency Rule," Krieg DeVault Health Care Newsletter, December 2020
  • Co-Author, "Speak Now or Forever Hold Your Peace: HHS Proposes Modifications to the HIPAA Privacy Rule," Krieg DeVault Health Care Newsletter, December 2020
  • Co-Author, COVID-19, Faith, and 'Technical Assistance' from OCR," Krieg DeVault Health Care Newsletter, November 2020
  • Co-Author, "ONC Extends Information Blocking Deadlines," Krieg DeVault Health Care Newsletter, November 2020
  • Co-Author, "CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021," Krieg DeVault Health Care Newsletter, October 2020
  • Co-Author, "OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties," Krieg DeVault Health Care Newsletter, July 2020
  • Co-Author, "Indiana Imposes Requirements on Physician Noncompete Provisions," Krieg DeVault Health Care Newsletter, May 2020
  • Co-Author, "CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care," Krieg DeVault Health Care Newsletter, April 2020
  • Author, "Proposed Bill Would Require Medical Bill and Out of Pocket Estimates to Patients," Krieg DeVaulth Health Care Newsletter, January 2020
  • Co-Author, "Students, Consultants and Other Business Visitors...Important Safeguards", Krieg DeVault Health Care Newsletter (May 2019)
  • Co-Author, "Medical Record Documentation: Is it a "No" or a "Not Completed"?, Krieg DeVault Health Care Newsletter (April 2019)
  • Co-Author, "OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers", Krieg DeVault Health Care Newsletter (April 2019)
  • Co-Author, "HIPAA Violation leads to Criminal Conviction of Former Patient Coordinator", Krieg DeVault Health Care Newsletter (March 2019)
  • Co-Author, "Illinois Appeals Court Upholds Denial of Property Tax Exemption for Hospice Center", Krieg DeVault Health Care Newsletter (March 2019)
  • Co-Author, "Conscience and Religious Freedom Division of the Office of Civil Rights Concludes California Violated Conscience Protection Laws", Krieg DeVault Health Care Newsletter (January 2019)
  • Co-Author, "HIPAA Business Associates...How Do I Know Thee?", Krieg DeVault Health Care Newsletter (November 2018)
  • Co-Author, "Court Finds Restricitive Covenant Unenforceable Against Hospital-Based CRNAs", Krieg DeVault Health Care Newsletter (June 2018)
  • Co-Author, "The Joint Commission to Require Immediate Notification for Loss of Deemed Status", Krieg DeVault Health Care Newsletter (June 2018)
  • Co-Author, "CMS Proposes FOur Rules - SNF, IRF, Hospice, IPF", Krieg DeVault Health Care Newsletter (May 2018)
  • Co-Author, "Indiana Legislature Modifies Medical Consent and POST Statutes", Krieg DeVault Health Care Newsletter (March 2018)
  • Co-Author, "Recent Indiana Supreme Court Medical Malpractice Ruling", Krieg DeVault Health Care Newsletter (April 2017)
Credentials
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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
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Practices

  • Litigation and Dispute Resolution
  • Nonprofit and Exempt Organizations
  • Health Care Litigation
  • Stark Act Compliance
  • Long-Term Care Providers
  • Hospitals and Health Systems
  • Pharmacy and Pharmaceutical Law

Industries

  • Health Care
Beyond the Office
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Notre Dame

Insights
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Health Care

Does Wining and Dining EHR Prospects Trigger False Claims Act Liability?

February 10, 2021

Health Care

Is Your Non-Compete Buy-Out Reasonable?

January 27, 2021

Health Care

Court of Appeals Clears the Way for CMS’s Hospital Price Transparency Rule

December 30, 2020

Health Care

Court of Appeals Clears the Way for CMS’s Hospital Price Transparency Rule

December 30, 2020

Health Care

Speak Now or Forever Hold Your Peace: HHS Proposes Modifications to the HIPAA Privacy Rule

December 11, 2020

Health Care

ONC Extends Information Blocking Deadlines

November 3, 2020

Health Care

COVID-19, Faith, and 'Technical Assistance' from OCR

November 3, 2020

Health Care

CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021

October 23, 2020

Health Care

Indiana Imposes Requirements on Physician Noncompete Provisions

May 17, 2020

Health Care

CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care

April 19, 2020

Municipal

Governor Holcomb Extends Property Tax Exemption Deadline to June 30

March 26, 2020

Municipal

April 1 Property Tax Exemption Application Deadline Still Looms

March 25, 2020

Health Care

Proposed Bill Would Require Medical Bill and Out of Pocket Estimates to Patients

January 9, 2020

Thought Leadership

CMS' Final Rule on Discharge Planning Expands Patient Choice and Supports Interoperability

October 28, 2019

Thought Leadership

How Does Your Organization's Exclusion Verification Policy Compare?

October 28, 2019

Thought Leadership

Say What You Mean and Mean What You Say - Especially to the Feds

July 22, 2019

Thought Leadership

Students, Consultants and Other Business Visitors...Important Safeguards

May 1, 2019

Thought Leadership

Medical Record Documentation: Is it a “No” or a “Not Completed”?

April 9, 2019

Thought Leadership

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

HIPAA Business Associates … How Do I Know Thee?

November 18, 2018

Thought Leadership

Court Finds Restrictive Covenant Unenforceable Against Hospital-Based CRNAs

June 27, 2018

Thought Leadership

The Joint Commission to Require Immediate Notification for Loss of Deemed Status

June 19, 2018

Thought Leadership

CMS Proposes Four Rules ??" SNF, IRF, Hospice, IPF

April 30, 2018

Thought Leadership

Indiana Legislature Modifies Medical Consent and POST Statutes

March 26, 2018

Health Care

Don't Lose Focus on Your Compliance with Important COVID-19 Requirements

November 16, 2020

Health Care

Animals Welcome? Legal Protections for Assistance Animals

November 16, 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

Indiana Improves Telemedicine Reimbursement During COVID Emergency

October 19, 2020

Health Care

Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers

October 7, 2020

Health Care

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

September 15, 2020

Health Care

Recruiting Success Tips for Progressive Practices

September 14, 2020

Health Care

Nursing Homes: Immediate Enforcement Action and New COVID-19 Testing and Reporting Requirements

September 2, 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

Acknowledging State Challenges in Medicaid Administration

July 20, 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

Nursing Homes Required to Test All Staff Members for COVID-19

June 18, 2020

Health Care

How Does My Compliance Program Measure Up?

June 9, 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

Protect Yourself from Anti-Kickback Statute Liability When Donating PPE

May 18, 2020

Health Care

New FAQ Addresses Eligibility of §115 Hospitals for PPP Loans

May 5, 2020

Health Care

CMS Publishes New Medicare Changes to Address the COVID-19 Pandemic

May 3, 2020

Health Care

Governor Holcomb Issues Additional Licensure Waivers to Increase Health Providers Available to Address COVID-19

April 9, 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

Disclosure of Protected Health Information to Emergency Personnel and Public Health Authorities During COVID-19

March 26, 2020

Health Care

CMS Releases Telehealth Toolkits

March 23, 2020

Health Care

OCR Issues FAQs on Telemedicine Services During the COVID-19 Pandemic

March 22, 2020

Health Care

Safeguarding Confidential Information In Remote Work Configurations

March 22, 2020

Health Care

Indiana Medicaid Covers Telemedicine Services in COVID-19 Response

March 19, 2020

Labor and Employment

PTO Donations and COVID-19 

March 18, 2020

Health Care

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

March 18, 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

Health Care

1135 Waiver Response TO COVID-19

March 15, 2020

Health Care

State Medicaid Programs Respond to Coronavirus

March 12, 2020

Health Care

The Impact of HIPAA on Disclosures Related to COVID-19

March 12, 2020

Business

Proposed Regulations on Meals and Entertainment Expenses

March 2, 2020

Health Care

Failure to Encrypt Mobile Devices Results in a $3 Million Mistake

February 4, 2020

Firm News

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

February 2, 2020

Health Care

Property Tax Exemptions Threatened for Indiana Nonprofit Hospitals

January 9, 2020

Firm News

Krieg DeVault Announces 2020 Partners - Meghan M. Linvill McNab and Shannon L. Noder

January 1, 2020

Firm News

Kendall A. Schnurpel to Present at American Health Lawyer's Association Tax Conference

May 30, 2019

Thought Leadership

HHS Announces Changes to Maximum Monetary Penalties for HIPAA Violations

May 21, 2019

Thought Leadership

How "Effective" Is Your Compliance Program?

May 21, 2019

Thought Leadership

New Medicare Payment Model for Emergency Ambulance Services

April 9, 2019

Thought Leadership

D.C. District Court Invalidates Medicaid Work Requirements

April 8, 2019

Thought Leadership

HIPAA, Individual Rights and Personal Representatives

April 8, 2019

Thought Leadership

Going, Going, Gone - Important Medical Records Considerations for Physicians Planning to Close Their Practice

March 25, 2019

Thought Leadership

Tidying Up for 2019: Are Your Estate Planning Documents in Order?

March 5, 2019

Thought Leadership

Indiana Medicaid Finalizes Rule Affecting ABA Therapy Services

March 5, 2019

Thought Leadership

OCR Breaks All-Time Record in 2018 with Final HIPAA Settlement for the Year

February 17, 2019

Thought Leadership

OIG Issues Favorable Advisory Opinion on Waiver of Cost-Sharing Amounts for Charitable Pediatric Care

February 17, 2019

Thought Leadership

Updates to the Office of Inspector General Work Plan and Compliance Website

February 4, 2019

Thought Leadership

The HIPAA “Top Ten” For Health Care Board Members

January 23, 2019

Health Care

Indiana Proposes New Rule Impacting Pharmacy Reimbursement

January 22, 2019

Thought Leadership

HHS Seeks Comments on Changes to HIPAA to Promote Improved Care Coordination

January 7, 2019

Thought Leadership

Indiana Medicaid Rule Changes to Expect for 2019

January 7, 2019

Thought Leadership

Responding to Online Patient Reviews: Legal and Practical Considerations for Physicians

January 7, 2019

Thought Leadership

Expanded Medicaid Treatment Options for Individuals with Substance Use Disorder and Serious Mental Illness

December 17, 2018

Thought Leadership

Failure to Terminate Access to PHI Leads to HIPAA Violation

December 17, 2018

Thought Leadership

Medicaid Presumptive Eligibility Moves to Fee-For-Service

December 17, 2018

Thought Leadership

Protecting Patient Information: The Importance of a Business Associate Agreement Under HIPAA

December 13, 2018

Firm News

Andrew W. Breck Joins Krieg DeVault's Health Care Practice Group

December 12, 2018

Thought Leadership

CMS Rule Reducing Medicare Payments for Certain Clinic Visits by Off-Campus PBDs

December 12, 2018

Thought Leadership

US Department of Justice Announces Changes to Corporate Investigation Protocol

December 12, 2018

Firm News

Brandon W. Shirley selected to Indiana State Bar Association's Leadership Development Academy Class of 2019

December 9, 2018

Thought Leadership

NPDB Guidebook Changes

December 3, 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

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

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

Managed Care Proposed Rule Summary

November 18, 2018

Thought Leadership

Upcoming INSPECT Compliance Dates

October 28, 2018

Thought Leadership

Lights, Camera, Sanction

October 25, 2018

Firm News

Krieg DeVault Welcomes Three New Associates - Alexandria M. Foster, Scott C. Frissell, and Ben Vandeventer

October 22, 2018

Firm News

Partner Julie A. Rosenwinkel named Most Influential Woman in Law by the Northwest Indiana Influential Women Association

September 30, 2018

Firm News

Amanda K. Schipp Joins Krieg DeVault's Health Care Practice Group

September 24, 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

Indiana Medicaid Proposes Overhaul of Program Integrity Rules

June 19, 2018

Thought Leadership

Recent OIG Opinion Permits Free Samples to Patients

June 19, 2018

Thought Leadership

ISDH Issues Proposed Rule Amending the Newborn Screening Program

May 23, 2018

Thought Leadership

Importance Of Having A Contingency Plan

May 23, 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

CMS Revises the MLN Telehealth Services Booklet

March 26, 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

CMS Reminds Providers to Report Changes in Ownership

March 4, 2018

Thought Leadership

Continuing HIPAA Obligations After a Business Ceases

March 4, 2018

Thought Leadership

OIG Approves of Hospital-Physician Gainsharing Arrangement, But Details Prove Critical

March 4, 2018

Thought Leadership

Passing of Bi-Partisan Budget Act Affects Medicaid Payments

February 25, 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

OIG Settles Cases Involving Allegations of EMTALA Violations

February 25, 2018

Thought Leadership

Dismissal of Non-Intervened Qui Tam Lawsuits

February 1, 2018

Thought Leadership

D.C. District Court Clarifies Lab Requirement for Establishing Medical Necessity

February 1, 2018

Thought Leadership

HIPAA Security...Integrity Matters

February 1, 2018

Thought Leadership

Recent DOJ Settlements with Physician Groups

February 1, 2018

Thought Leadership

CMS Issues Guidance Regarding Texting Physician Orders

January 9, 2018

Thought Leadership

Judge Allows Reduced 340B Payments, Effective 1/1/2018

January 3, 2018

Thought Leadership

Professional Licensing Changes Benefit Indiana Professional Corporation

January 3, 2018

Firm News

Stacy Walton Long to Serve on Executive Women in Healthcare Board

January 2, 2018

Thought Leadership

CMS Moves Closer to Clarifying Hospital Co-Location Rules with Draft Guidance

June 9, 2019

Thought Leadership

Direct HIPAA Enforcement Liability for Business Associates

June 9, 2019

Thought Leadership

Indiana's New Legacy Trust: An Asset Protection Strategy for Hoosiers

June 9, 2019

See LessSee All

  • Overview
  • Experience
  • Credentials
  • Practices & Industries

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, Innovation, 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

  • Co-Author, "Is Your Non-Compete Buy-Out Reasonable?" Krieg DeVault Health Care Newsletter, January 2021
  • Co-Author, "Don't Get Caught Information Blocking: What You Need to Know," Indiana State Medical Association E-Report, January 2021
  • Co-Author, "Court of Appeals Clears the Way for CMS's Hospital Price Transparency Rule," Krieg DeVault Health Care Newsletter, December 2020
  • Co-Author, "Speak Now or Forever Hold Your Peace: HHS Proposes Modifications to the HIPAA Privacy Rule," Krieg DeVault Health Care Newsletter, December 2020
  • Co-Author, COVID-19, Faith, and 'Technical Assistance' from OCR," Krieg DeVault Health Care Newsletter, November 2020
  • Co-Author, "ONC Extends Information Blocking Deadlines," Krieg DeVault Health Care Newsletter, November 2020
  • Co-Author, "CMS's Dramatic Price Transparency Rule Set to Take Effect January 1, 2021," Krieg DeVault Health Care Newsletter, October 2020
  • Co-Author, "OCR Seeks Balance Between COVID-19 Precautions and Fundamental Religious Liberties," Krieg DeVault Health Care Newsletter, July 2020
  • Co-Author, "Indiana Imposes Requirements on Physician Noncompete Provisions," Krieg DeVault Health Care Newsletter, May 2020
  • Co-Author, "CMS Announces Recommendations for Reopening Facilities to Provide Non-Emergent Health Care," Krieg DeVault Health Care Newsletter, April 2020
  • Author, "Proposed Bill Would Require Medical Bill and Out of Pocket Estimates to Patients," Krieg DeVaulth Health Care Newsletter, January 2020
  • Co-Author, "Students, Consultants and Other Business Visitors...Important Safeguards", Krieg DeVault Health Care Newsletter (May 2019)
  • Co-Author, "Medical Record Documentation: Is it a "No" or a "Not Completed"?, Krieg DeVault Health Care Newsletter (April 2019)
  • Co-Author, "OCR Concludes Investigation of Allegations that the State of Hawaii Unlawfully Discriminated Against Pregnancy Resource Centers", Krieg DeVault Health Care Newsletter (April 2019)
  • Co-Author, "HIPAA Violation leads to Criminal Conviction of Former Patient Coordinator", Krieg DeVault Health Care Newsletter (March 2019)
  • Co-Author, "Illinois Appeals Court Upholds Denial of Property Tax Exemption for Hospice Center", Krieg DeVault Health Care Newsletter (March 2019)
  • Co-Author, "Conscience and Religious Freedom Division of the Office of Civil Rights Concludes California Violated Conscience Protection Laws", Krieg DeVault Health Care Newsletter (January 2019)
  • Co-Author, "HIPAA Business Associates...How Do I Know Thee?", Krieg DeVault Health Care Newsletter (November 2018)
  • Co-Author, "Court Finds Restricitive Covenant Unenforceable Against Hospital-Based CRNAs", Krieg DeVault Health Care Newsletter (June 2018)
  • Co-Author, "The Joint Commission to Require Immediate Notification for Loss of Deemed Status", Krieg DeVault Health Care Newsletter (June 2018)
  • Co-Author, "CMS Proposes FOur Rules - SNF, IRF, Hospice, IPF", Krieg DeVault Health Care Newsletter (May 2018)
  • Co-Author, "Indiana Legislature Modifies Medical Consent and POST Statutes", Krieg DeVault Health Care Newsletter (March 2018)
  • Co-Author, "Recent Indiana Supreme Court Medical Malpractice Ruling", Krieg DeVault Health Care Newsletter (April 2017)

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

  • Litigation and Dispute Resolution
  • Nonprofit and Exempt Organizations
  • Health Care Litigation
  • Stark Act Compliance
  • Long-Term Care Providers
  • Hospitals and Health Systems
  • Pharmacy and Pharmaceutical Law

Industries

  • Health Care

Beyond the Office

Motorcycle Riding icon

Motorcycle Riding

Reading icon

Reading

Notre Dame  icon

Notre Dame

 

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