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Dan is a member of the Life Sciences Health Industry Group, practicing in the area of health care regulatory law in the firm’s San Francisco, California office.  Prior to transferring to San Francisco in 2003, Dan resided in the firm’s Washington, D.C. office.

Dan's practice encompasses a wide variety of health law matters, including regulatory, fraud and abuse, privacy, and transactional practices. Dan has counseled and advised health care clients concerning complex Medicare and Medicaid reimbursement and coverage issues.  He has advised clients regarding compliance and investigations involving federal and state fraud and abuse laws, including the federal False Claims Act, federal and state anti-kickback statutes, federal and state referral prohibitions, and state corporate practice of medicine provisions.  He has represented clients in regulatory and fraud and abuse matters in federal court, and before federal and state entities such as the Department of Justice, Centers for Medicare & Medicaid Services, Office of Inspector General, and state administrative agencies.  Dan also has advised clients regarding health care privacy matters, and has prepared and negotiated general commercial agreements.

Representative Matters

• Represented a hospital in a civil False Claims Act investigation of Medicare claims submitted in connection with a clinical trial.

• Counsel for an institutional pharmacy in its internal reorganization of its pharmacy services delivery system.

• Obtained successful dismissal of federal lawsuits filed against several skilled nursing facilities and hospitals alleging violation of the Medicare Secondary Payer provisions.

• Represented a public hospital company in its $150 million high yield bond offering and second offering of $4.5 million in common stock.

• Negotiated a $3.8 million settlement for a skilled nursing facility as Medicare reimbursement for providing "atypical services" to Medicare beneficiaries.

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Publications

• “California Health Care Update: Review of New Laws Adopted in 2009 and Effective in 2010,” Reed Smith Life Sciences Health Industry Alert, December 17, 2009
• "Stark Law Changes Effective October 1, 2009," Reed Smith Life Sciences Health Industry Alert, August 4, 2009
• "California Update: New Laws on Patient Privacy, Billing Diagnostic Imaging Services, and Bacterial Infection Monitoring and Reporting," Reed Smith Life Sciences Health Industry Alert, December 23, 2008
• A Practical Guide to Medicare Appeals, American Bar Association, Practical Guide Series, 2007
• "Adverse Event Reporting: California Steps Into the Fray," Food and Drug Law Institute Update, January/February 2007
• "California Update: New Laws on Adverse Event Reporting and Facility Inspection," Reed Smith Health Care Client Memorandum, October 31, 2006
• "A Medicare Benefits Primer," The Practical Lawyer, October 1, 2006
• "Trouble on the Horizon? – Medicare Part D and Dual Eligibles,” American Bar Association, The Health Lawyer, December 2005
• "Specialty Hospitals and Adjustments to Payment Rates," American Bar Association, Health eSource, October 1, 2005
• "Expiration of Specialty Hospital Moratorium: An Update and Forecast," Reed Smith Health Law Monitor, Fall 2005
• "The Continuing Evolution of Patient Privacy: California Legislation Impacts Drug Marketing," Food and Drug Law Institute Update, May/June 2004
• "California Supreme Court Rejects Heightened Pleading and Proof Requirements for Punitive Damages in Claims for Elder Abuse," Reed Smith Health Care Client Memorandum, April 13, 2004
• "California Legislative Revisions to Confidentiality of Medical Information Act," Reed Smith Health Care Client Memorandum, January 21, 2004
• "HHS Publishes Interim Final Rule for Enforcement of the Administrative Simplification Provisions of the Health Insurance Portability and Accountability Act," Reed Smith Health Care Client Memorandum, April 24, 2003
• “Logging Onto Sound Financial Practices," American Health Care Association, Provider Magazine, August 2000

Speeches / Presentations

• "Dollars for Doctors? What You Need to Know Now About the Stark Law," American Bar Association 2009 Annual Meeting, August 2009.
• "The Fundamentals of a Healthcare Transaction: An Interactive Look at the Anatomy of a Deal" panel, American Bar Association Health Law Section's Emerging Issues in Healthcare Law 2008, February 2008.
• "Medicare and Medicaid Reimbursement" as part of a "Fundamentals for Health Lawyers" panel; and "The New Medicare Appeals Process – A Report From the Field," American Bar Association Health Law Section's Emerging Issues in Healthcare Law 2006, February 2006
• “Fundamentals of Medicare,” American Bar Association 2005 Annual Meeting, August, 2005
• “A Changing Hospital Landscape? Significant Regulatory, Compliance and Payment Issues Impacting Hospitals” and “Fundamentals for Health Lawyers: Medicare and Medicaid Basics,” American Bar Association Health Law Section, Emerging Issues in Healthcare Law 2005, February, 2005
• “Significant Legislative, Regulatory and Judicial Developments in Medicare/Medicaid Payment and Related Matters” and “Fundamentals for Health Lawyers: Medicare and Medicaid Basics,” American Bar Association Health Law Section, Emerging Issues in Healthcare Law 2004, February 2004
• “Fundamentals of Health Care Law,” American Bar Association 2003 Annual Meeting, August 2003

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• California
• New York
• District of Columbia

Professional Affiliations

• American Bar Association, Health Law Section - Budget Officer
• American Health Lawyers Association
• New York State Bar Association
• District of Columbia Bar Association
• San Francisco Public Health Foundation - Board Member
• National Health Law Program - Board Member

Awards and Honors

• Featured as one of California's Top 20 Attorneys Under the Age of 40 in the Daily Journal (January 21, 2009).
• Dan was named an "Outstanding Young Healthcare Lawyer" by Nightingale's Healthcare News in 2008.