BRIAN A. KASER. Law College Building 648 N. Shaw Lane Rm 449 East Lansing, MI

Transcription

1 BRIAN A. KASER Law College Building 648 N. Shaw Lane Rm 449 East Lansing, MI PROFESSIONAL -- ACADEMIC Visiting Professor Michigan State University College of Law, Courses: Health Care Law (survey), Health Care Fraud and Abuse (seminar / skills), Health Care Organization, Finance and Reimbursement (proposed), Advanced Studies in Health Care (proposed student-directed seminar) Career Services Committee, Practitioner in Residence Michigan State University College of Law, January 2013 June 2013 Course: Health Care Law (survey) Adjunct Professor of Health Law, Michigan State University College of Law Courses: Health Care Law (survey), Health Care Fraud and Abuse (seminar/skills), Managed Care, Law and Medicine (co-taught with physicians) Acting advisor to student health law society and Journal of Law and Medicine, Supervising professor, directed studies in health care law, 2002 and 2011 Guest Lecturer, Eli Broad School of Business, Michigan State University, General lecturer to health care administration classes, addressing corporate and health care law and regulation

2 PROFESSIONAL -- PRACTICE Affiliations: Senior Counsel, Rolf Goffman Martin Lang, LLP, 2013 Resident in Michigan office Best Lawyers in America listed, Health Care, 2013 Principal, Brian Kaser PLC Lansing, Michigan Ranked Tier 1, Health Care Law, U.S. News and World Report, Rated AV Preeminent, Martindale-Hubbell Law Directory, 2012 Designated Best Lawyers Lansing Area Health Care Lawyer of the Year, 2012 Best Lawyers in America listed, Health Care, Listed, Michigan Super Lawyers Shareholder, Foster, Swift, Collins and Smith, P.C., Lansing, MI, Chair, Health Care Practice Group, Ethics Committee, Mentoring Committee Member, Professional Recruitment Committee Associate, Miller, Canfield, Paddock and Stone, Lansing, MI Services: Corporate, transactional and regulatory services to health care providers Services to elderly housing, assisted living and nursing home providers and related trade organizations: corporate and finance, licensure, survey/certification, medical decisionmaking and guardianship, corporate compliance programs, federal tax exemption, Medicare and Medicaid reimbursement, public policy analysis and legislation Defended institutional providers in licensing and certification proceedings Created first non-profit limited liability company in Michigan and secured federal tax exemption under section 501(c)(3) Represented buyer in acquisition of regional home health agency Represented buyers and sellers of nursing homes, including purchases and put-backs in bankruptcy Defended post-payment and cost report audits, including early appeals 2

3 under revised Medicare claim review process Certificate of Need ( CON ) administrative and judicial litigation for nursing home beds, open heart surgery, CT scanner services and radiation therapy services. Negotiated changes in CON standards for radiation therapy services, Drafted and reviewed contracts for physician, utility, maintenance and ancillary health services to institutional providers. Conducted Medicare and Medicaid change of ownership applications and completion Represented borrowers in bond financed acquisitions and facility improvements Drafted and secured approval of Living Care Disclosure Act (life care) registrations Secured mandamus compelling Medicare-only initial survey of newly licensed rehabilitation facility Represented county hospital in HUD guaranteed loan funded with Build America Bonds PREPARATION Prehearing Attorney, ; Clerk to Chief Judge Robert J. Danhof, Michigan Court of Appeals, Boston University School of Law: J.D. cum laude, 1978 (10/330) Andover Newton Theological School, Newton, Massachusetts, Western Michigan University: B.A. Philosophy, 1970 PUBLICATIONS (selected) Health Care Fraud and Abuse: Materials and Exercises (CD-ROM Coursebook), Michigan State University College of Law, Attorney Client Privilege [chapter], HEALTH CARE COMPLIANCE MANUAL (Michael A. Cassidy, ed., 2001) Sailing Without Safe Harbors: Physician Recruitment and the Law of Fraud and Abuse, (HEALTHSPAN, March 1992) 3

4 We Know Where You Live: Membership Lists and the IRS (ASSOCIATION NEWS, July 1991) Leelanau Memorial: One Small Hospital's Frustrations in Delivering Health Care (with James A. Kolberg, M.D., and James Packard), (MICHIGAN MEDICINE, July 1991) The Workers Compensation Health Care Service Rules: A Novel Path to Cost Reduction, (MICHIGAN BAR JOURNAL, March, 1990) Medicare as Secondary Payer: Refusing the Tab, (HEALTHSPAN, February, 1990) PPOs and HMOs: The Provider s Perspective, (MICHIGAN BAR JOURNAL, July, 1988) PRESENTATIONS (selected) HIPAA Omnibus Rule: A Survival Guide. Nationally distributed live webinar, copresented with Jacqueline Anderson, Esq., Cleveland OH, 2013 Panelist, Legal Update, LeadingAge (fmr American Association of [nonprofit] Homes and Services for the Aging) Washington, D.C., 2011 Is Your Compliance Program Up to Date? presented to Health Care Association of Michigan and Aging Services of Michigan (trade associations), 2011 "HIPAA Strikes Back: HITECH Solutions," presented to Health Care Association of Michigan (webcast), March, 2010; Aging Services of Michigan, June 2010 "When the Client is the Subject: The Ethics of Internal Investigations," presented to Wisconsin Department of Justice, Madison, Wisconsin, 2008 "Dangerous Liaisons: Legal Risks in Ancillary Service Agreements, presented to Michigan Association of Homes and Services for the Aging, Finance and Reimbursement Conference, July 2007; Health Care Association of Michigan, February 2007, 2008 "When the Client is the Subject: The Legal Ethics of Internal Investigations," presented to "Long Term Care and the Law, American Health Lawyers Association, Dallas, TX (2006), Orlando, FL 2007 Getting Paid: The Oldest Problem in Elder Care, presented at "Long Term Care and the Law, American Health Lawyers Association, New Orleans, Louisiana (2002), Dallas, Texas (2006). Continuing Legal Education lecturer; host and moderator, joint American Bar Association/American Association of Homes and Services for the Aging Conference, Washington, D.C., April 2002, March

5 Managing Accounts Receivable, co-presentation with Plante & Moran and Evangelical Homes of Michigan to Michigan Association of Homes and Services for the Aging Annual Finance and Reimbursement Conference, August Panelist, Michigan s Patient Advocate Law (broadcast), WKAR-FM, Lansing, MI, 1990 HIPAA Overview for Directors of Nursing, presented to Michigan Association of Homes and Services for the Aging, January Current Litigation Trends, presented to American Association of Homes and Services for the Aging, Miami, Florida, October PROFESSIONIAL MEMBERSHIPS CIVIC Public Policy and Legislative committees, Aging Services of Michigan, 1988-present, Lansing, Michigan. The committees perform policy and legislative analysis and make recommendations for governmental relations initiatives. Core Member, National Legal Committee, Leading Age (fmr American Association of Homes and Services for the Aging) Washington, D.C. (Member, 1994-present; Chair ) The Committee disseminates analysis of public policy and judicial activity to association membership and evaluate requests for association support of litigation affecting association members or the elder services industry. President s Finance Cabinet, LeadingAge, Washington, D.C., The Cabinet formulated recommendation for the association s policy initiatives on funding elder care to The Cabinet endorsed (and Board authorized) cooperation with the office of Sen. Edward Kennedy to expand and support the proposed Community Living Assistance Services and Support ( CLASS ) Act to include elderly persons. Health Care, Administrative Law and Law Practice Management sections, State Bar of Michigan and American Bar Association American Health Lawyers Association, Long Term Care Practice Group; Academic Work Group and Academic Matters Subcommittee, Director, Chairperson, CareFree Medical Clinic, Lansing, MI (a privately funded safety net medical and dental clinic), Institutional Research Review Committee (IRB), Sparrow Health System, Lansing, Michigan, The IRB reviews proposals for human subject research within the Sparrow Health System, on Sparrow patients or records or by Sparrow employees 5