Ask a Healthcare Lawyer: Legal FAQ

AAOE is proud to host a FAQ segment with Duane Morris Law Firm Partner, Patricia S. Hofstra. Patricia will be answering general practice legal questions. Submit your questions to adelprete@aaoe.net and get answered by the experts!

Please note: When you submit a question, your name will not be included and the question will be published anonymously.

Patricia S. Hofstra, Partner
Duane Morris LLP
190 South LaSalle Street, Suite 3700
Chicago, IL 60603-3433
USA
Phone: +1 312 499 0180
Fax: +1 312 277 6405
Email: PSHofstra@duanemorris.com

Patricia S. Hofstra practices in the area of health law. Ms. Hofstra advises healthcare providers and companies in business, regulatory and litigation matters.

Ms. Hofstra's clients include physicians and physician practice groups, hospitals, retail medical clinics, ambulatory surgery centers, medical device manufacturers, pharmaceutical companies and other healthcare companies. She has extensive experience in business transactions involving healthcare entities, medical staff matters, government and third-party audits, licensure and regulatory matters, contracting, joint ventures and information technology. She regularly advises clients on fraud and abuse, governance, Stark and regulators compliance.

Ms. Hofstra is a graduate of Ohio Northern University College of Law and a graduate of the Pennsylvania State University (B.S.N.).

Representative Matters
Obtained on behalf of a physician a ruling on appeal overturning a termination from the Blue Cross Blue Shield Network (BCBS), and obtained an immediate reinstatement to the network.
Represented emergency medicine group in sale of practice to publicly traded corporation.
Represented clinical lab in sale of lab for over $100 million dollars.
Represented clients in civil investigation demands from the U.S. Attorney.
Represented clients in defending allegations of insurance fraud.
Represented physician in alleged EMTALA violation.
Negotiated settlements of alleged overpayments to physicians with Medicare, Medicaid and other insurers.
Counsel to international prosthetics device manufacturer with respect to regulatory matters.
Counsel to physician in research misconduct allegation.
Counsel to university and high school team physicians regarding sports medicine and related concerns.
Represented physician-owned specialty hospital in sale of 20 percent interest to not-for-profit hospital system.
Counsel to providers in Medicare/Medicaid, insurance, RAC and ZPIC audits.
Counsel to providers regarding Stark and fraud and abuse with respect to joint ventures, physician recruitment matters managed care contracts and negotiations.
General Counsel to several physician group practices.
Drafted medical staff bylaws and related documents for numerous hospital clients.
Counsel to several hospitals, group practices and individual physicians with respect to credentialing and peer review matters.
Represented several physician practices in corporate reorganization, drafting compensation agreements, establishing ancillary services, revising shareholder and employment agreements.
Negotiated numerous hospital-based physician contracts for physician and hospital clients.
Represented physician practices where physician member of the group was alleged to have diverted and used illegal substances.
Successfully represented anesthesiologist before state licensing agency on allegations of impairment and drug diversion and negotiated severance package for physician.
Successfully represented orthopedic practice in workers compensation and unemployment state tax matter pertaining to independent contractor vs. employee status of physician.
Represented several anesthesia and emergency medicine hospital-based physician groups with hospital contract negotiations resulting in additional compensation for groups and contract terms the client found favorable.
Represented several long term care facilities for developmentally disabled in federal and state involuntary discharge proceedings.
Assisted large orthopedic practice in establishing a consulting company.
Represented hospital in contract dispute with international nurse recruiting agency.
Represented clients in on-call and coverage dispute.
Advised sports medicine practice regarding NCAA team physician obligations and establishment of athletic training program.
Counsel to hospitals and ambulatory surgery centers with respect to accreditation matters.
Counsel to major retailer with respect to establishing retail medical clinics.
Counsel to Fortune 50 manufacturer with respect to establishment of company based medical services.
Areas of Practice
Healthcare Law
Medical Staff Law
Healthcare Fraud and Abuse
Physician Practices
Employment Law
Regulatory Compliance
Professional Activities
    American Health Lawyers Association
    • Current Member, Past Vice Chair, Medical Staff, Credentialing Peer Review Practice Group
    Illinois Association of Healthcare Attorneys
    • Current Member, Past President and Board Member
    American Bar Association
    • Health Law Section
Admissions
Illinois
Education
Ohio Northern University College of Law, J.D.
The Pennsylvania State University, B.S.N.
Experience
Duane Morris LLP, Partner
Bell, Boyd & Lloyd LLC, Partner
St. James Hospital and Health Centers, In-house Counsel
Lutheran General Health Care System, In-house Counsel
American Hospital Association, Staff Counsel
Ohio General Assembly, Ohio Nursing Home Commission, Attorney
Various Positions as a Registered Nurse
Board Memberships
Board of Directors, SGA Youth and Family Services, 2012-present
Board of Directors, Vascular Disease Foundation, 2007-2011
Board of Directors, Jackson Tower Condominium Association, 2008-present
Honors and Awards
Illinois Super Lawyer, 2006-present
Leading Lawyers, 2008-present
AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Selected Publications
Contributor, Duane Morris Health Law Blog
Author, "California Federal Court Upholds Suspension of Privileges for VA Emergency Room Physician," American Health Lawyers Association, May 1, 2015
Co-author, "The Federal Government's Heightened False Claims Act Enforcement and Prosecution — Recent Trends and Practical Solutions," Health Care Law Monthly, Volume 2013 Issue No. 9, September 2013
Author, "Purchasing Technology: A Few Things to Consider," Journal of Medical Practice Management, Fall 2013
Author, 911 Beware Standard Form Software and Hardware Contracts, American Association of Orthopaedic Executives, Summer 2013
Editor, Record Management Reference 2013 Edition, Illinois Hospital Association, 2013
Co-author, "Decoding Incident-To and Provider-Based Billing: Ensuring Payment and Avoiding Liability," 27 Journal of Medical Practice Management, 4 (Jan./Feb. 2012)
Author, "A Year in Review," Chicago Hospital News, December 2011
Author, "Hospital/Physician Relations," Chicago Hospital News, March 2011
Author, "Medicare's ZPIC Audits: The Auditors' New Stomping Grounds," Journal of Medical Practice Management, December 2010
Co-author, "Health Care Insurance Reform and Illinois' Provena Decision: What's Next for Hospitals' Charity Property Tax Exemption?" Chicago Hospital News, June 2010
Author, "Calling All Physicians: The On-Call Challenge Continues," Modern Healthcare, September 2008
Contributed chapter and edited portions of Peer Review Hearing Guide Book published by the American Health Lawyers Association, Spring 2008
Co-author, "The New Stark Rules: What Does Stark II Phase III Mean for Health Care Providers?" Journal of Medical Practice Management, Spring 2008
Edited Managed Care Chapter of Book for Loyola University School of Law, March 5, 2007
Co-author, "Turning Hospital Tax Exemption on its Head," The Health Lawyer, February 2007
Co-author, "Turning Hospital Tax Exemption on its Head: The Provena Covenant Medical Center Decision," Practical US/Domestic Tax Strategiesr, October 2006
Selected Speaking Engagements
Presenter, "Best Practices for Responding to Government and Commercial Audits and Recoupment Actions," Illinois Association of Healthcare Attorneys, June 11, 2015
Presenter, "Retail Clinics in Healthcare: Overcoming Complex Legal Challenges," Strafford Webinar, March 11, 2015
Presenter, "Mergers and Acquisitions, Legal and Reimbursement Considerations," 2014 LUGPA Annual Meeting Program, Chicago, November 8, 2014
Presenter, "Health Care Arbitration and Peer Review Hearings," American Health Lawyers Association, Chicago, May 1-2, 2014
Presenter, "Hospital Employment If I Were Your Counsel and You Were My Client," American Association of Neurological Surgeons, April 2014
Presenter, "Mergers and Acquisitions, Reimbursement and Legal Considerations," American Urological Association, December 10, 2013
Presenter, "Medicaid Enforcement Update," Illinois Association of Healthcare Attorneys, November 12, 2013
Presenter, "Surgeons: The Move from Entrepreneur to Hospital or Health System Employee," Webinar, May 10, 2012
Guest, "Sports Medicine Practices Need to Tread Carefully When Providing Athletic Trainers to Teams, Schools," SportsLaw10 Podcast, July 2013
Presenter, "Call Coverage Compensation," Orthopaedic Trauma Association, October 2011
"Institutional Perspectives," 25th Anniversary of the Beazley Institute for Health Law and Policy: Reflections on the Past and Lessons for the Future, Loyola University Chicago School of Law, March 5, 2010
"ED Care: Achieving Fiscally Responsible Regulatory Compliance, Quality and Physician and Patient Satisfaction," American Health Lawyers Association Annual Meeting, Washington, D.C., June 29, 2009
"Medicare Part C: What You Don't Know Could Cost You Plenty," Audio Conference, Greenbranch Publishing, September 2008
"Managed Care Contracting," Wisconsin Association of Hospital Credit Managers, October 2007
"NLRB Supervisor Cases," Illinois Association of Nursing Home Administrators, June 4, 2007
"NLRB Supervisor Cases," Illinois Healthcare Association, January 22, 2007
"NLRB Supervisor Rulings," Illinois Health Care Association Webinar, January 22, 2007
"The Impact of the National Labor Relations Board's Trilogy of Decisions on When an Employee is a 'Supervisor' Under the NLRA," Duane Morris Webinar, November 29, 2006
Presentation to medical staff on Stark Regulations, Silver Cross Hospital, Joliet, Illinois, April 27, 2006
Meadows Sheltered Care, Staff In-Service on Incident Reporting, March 23, 2006
Loyola Law School/Guest Speaker, "Medicare Part D Compliance" Lecture, April 6, 2006
Illinois Association of Healthcare, Attorneys/Quarterly Lecture, "Managing Hospital/Physician Disputes," June 13, 2006
"This column is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author’s law firm or its individual attorneys."
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