Application Cover Sheet – Health Law Section

Firm Name and Primary Address / Firm Website
Health Law Section Relationship Partner (HLRP) / HLRP Email Address / HLRP Phone (Direct Dial)
Health Law Section Administrative Contact (HLAC) / HLAC Email Address / HLAC Phone (Direct Dial)
# Current Health Law Partners / # Health Law Senior Counsel/Senior Attorneys / # Health Law Associates
Firmwide: Health Law Section: / Firmwide: Health Law Section: / Firmwide: Health Law Section:
# Health Law PartnersDeparted Since 1/1/14 / # Health Law Senior Counsel Departed Since 1/1/14 / # Health Law Associates Departed Since 1/1/14
Firmwide: Health Law Section: / Firmwide: Health Law Section: / Firmwide: Health Law Section:
Office Location / Partner in Charge / Local Health Law Expertise?
CA – Irvine/Orange County / Significant Moderate Minimal/None
CA – Los Angeles / Significant Moderate Minimal/None
CA – Riverside / Significant Moderate Minimal/None
CA – Sacramento/Davis / Significant Moderate Minimal/None
CA – San Diego / Significant Moderate Minimal/None
CA – San Francisco/East Bay / Significant Moderate Minimal/None
CA – Silicon Valley / Significant Moderate Minimal/None
US – Washington DC/Maryland/Virginia / Significant Moderate Minimal/None
US – Other / Significant Moderate Minimal/None
International – Africa / Significant Moderate Minimal/None
International – Asia/Pacific / Significant Moderate Minimal/None
International – Europe / Significant Moderate Minimal/None
International – Latin/South America / Significant Moderate Minimal/None
Please list standard/rack (i.e., undiscounted) rates in the table below.
Subspecialty Expertise / Partner Hourly
Rates/Ranges / Counsel Hourly
Rates/Ranges / Associate Hourly
Rates/Ranges / Paralegal Hourly Rates
Blended / $ / $ / $ / $
Accreditation/Surveys/Certification / $ - $ / $ - $ / $ - $ / n/a
Antitrust (Health Care) / $ - $ / $ - $ / $ - $ / n/a
Biomedical Research/Clinical Trials / $ - $ / $ - $ / $ - $ / n/a
Clinical Laboratories/CLIA / $ - $ / $ - $ / $ - $ / n/a
Faculty Practice Plans / $ - $ / $ - $ / $ - $ / n/a
Federal Contracts / $ - $ / $ - $ / $ - $ / n/a
FQHCs / $ - $ / $ - $ / $ - $ / n/a
Fraud & Abuse, COI, Transparency / $ - $ / $ - $ / $ - $ / n/a
Governance (Health Care Entities) / $ - $ / $ - $ / $ - $ / n/a
Graduate Medical Education / $ - $ / $ - $ / $ - $ / n/a
Health Care Reform/ACOs / $ - $ / $ - $ / $ - $ / n/a
Licensure/Enrollment / $ - $ / $ - $ / $ - $ / n/a
Medical Staff/Credentialing/Peer Review / $ - $ / $ - $ / $ - $ / n/a
HIT/Privacy/Security / $ - $ / $ - $ / $ - $ / n/a
Managed Care Contracting/Knox Keene / $ - $ / $ - $ / $ - $ / n/a
Pharmacy Regulation/Reimbursement / $ - $ / $ - $ / $ - $ / n/a
Reimbursement (Provider/Supplier) / $ - $ / $ - $ / $ - $ / n/a
Research Administration/Grants / $ - $ / $ - $ / $ - $ / n/a
Transactions/Affiliations / $ - $ / $ - $ / $ - $ / n/a
White Collar/Internal Investigations / $ - $ / $ - $ / $ - $ / n/a

Are you willing to offer more favorable rates to the University, as a governmental/non-profit organization? Yes No

If yes, please describe on an attached sheet the percentage discount from the above rack rates, blended rate range(s), or other hourly fee concessions you are willing to extend to the University if selected to participate on the OGC Panel supporting the Health Law Section.

Describe any alternative fee arrangements that you would propose to cover the types of matters you would propose to perform services in any of the above subspecialties.

Supplemental Application – Health Law Section

A firm that currently participates on OGC’s Health Law Panel and has been actively engaged in providing health law services to UC Health during the last two years need only complete the Health Law Section Application Cover Sheet above,submit an up to date NALP form, and complete the “Thought Leadership” and “Additional Questions” section s below.

Background

  1. Provide a narrative describing your firm’s health care practice, your work with academic medical centers/health systems nationally (and, if applicable, with affiliated trade associations such as the Association of Academic Medical Colleges, the University HealthSystem Consortium (now part of Vizient), and the American Hospital Association), and any other special expertise or accomplishments. Be sure to address in particular your experience relevant to each of the subspecialty fields selected on the application cover sheet.
  1. Providea list of representative health care clients and matters during the past five years. Please provide contact information for any references you wish to offer.
  1. Do you represent any national or state trade associations (e.g., hospital associations, academic health system associations, public health associations, etc.)?

Staffing and Staffing Philosophy

(Please provide a link to a bio/CV for each attorney named in this section.)

  1. To whom would you assign primary responsibility for each of the individual subspecialties identified on the above application form?
  1. Provide the names, billing rates (rack and discounted), and CVs of all attorneys who you anticipate will staff any Health Law matter in each of the identified subspecialties (blended rate proposals are acceptable at each staffing level – e.g., partner, counsel, associate, paralegal; we will not consider across-the board blended rates for the Panel).
  1. What is your firm’s (and, in particular your health law practice’s) approach to training and supervising associates?
  1. What types of tasks ordinarily are assigned to associates in your health law practice?
  1. What types of tasks ordinarily are assigned to paralegals or other non-attorneys working with your health law practice?

Conflicts

  1. Do you regularly represent any significant competitors of UC Health or organizations with which UC Health is affiliated? If so, please list these.

Thought Leadership

  1. One of our goals in developing an OGC Panel is to concentrate a large share of our legal work with a smaller group of providers. We expect to build or continue a deep, trusted relationship with this panel ofproviders, who will truly serve as trusted counselors and strategic partners to UC Health. Accordingly, weexpect our providers tocultivate a nuanced, strategic understanding of the opportunities and challenges facing UC Health. We expect our lawyers to help us think about what’s next for UC Health, to help us get in front of the next set of challenges, rather than respond to them, and to help shape the next set of opportunities, rather than identify them.

In this respect, please describe what you see as the three or four critical challenges and opportunities facing UC Health over the next three to five years. Please describe how you are positioned to help UC address these challenges and opportunities over the long-term.

  1. Some, though few, of our existing providers are leveraging technology and data analytics to provide better legal advice, whether through predictive analytics to more accurately appraise risk in litigation or through leveraging advanced analytics to more efficiently review a large document set.

Please describe how you would leverage emerging technologies, including data analysis, if applicable, to deliver better and more efficient advice and services to UC clients.

Additional Questions for Certain Subspecialties

  1. If you propose to handle fraud and abuse, white collar work, and internal investigations, please answer the following additional questions:
  1. Provide details regarding your white collar practice, and in particular your work on healthcare or biomedical research fraud and abuse matters. Specifically identify the partner(s) who you propose would work on University white collar matters and state where they are located. Specifically identify their experience in the Northern, Southern, Central, or Eastern Districts of California, and/or at Main Justice.
  1. Discuss the scope and depth of your firm’s expertise interpreting and analyzing federal fraud and abuse laws and regulations, including at least the Stark Law, the anti-kickback statute, and the federal False Claims Act. What about Medicare and Medi-Cal reimbursement laws, regulations, instructions, and guidance?
  1. What experience do you have with CMS and OIG matters, including self-disclosures and audit, CID, or other legal process response?
  1. Please describe here or on an attached document your typical approach to structuring an internal investigation involving potential civil or criminal violations of federal fraud and abuse laws?
  1. With respect to internal investigation matters involving potential fraud and abuse claims, our experience has been that these matters often exceed projected budgets due to, among other things, scope creep and missed opportunities to leverage internal University resources to minimize cost and duplication of effort. How (if at all) would you propose to adjustyour approach to a typical corporate internal investigation for the University setting to make a retention substantially more cost effective, while still assuring its credibility for internal and external stakeholders? How would you leverage internal university resources (internal auditors, compliance officers, in-house counsel) in supporting all or any subset of activities in connection with an investigation? Will your IT experts work with ours free of additional charge or on a reduced or flat fee basis to facilitate e-discovery activities?
  1. In addition to the above, discuss any discounts or alternative fee proposals you would offer if given the opportunity to handle all or a substantial portion of our white collar legal work.
  1. If you propose to handle cybersecurity matters (security incident and breach response, security audits and assessments, and related regulatory investigations and litigation), please answer the following additional questions:
  1. What is your experience representing university and health system clients to provide cybersecurity counseling and/or in connection with cyberattacks?
  1. Do you employ any non-attorney technical experts? Do you employ any attorneys who have technical expertise or training relevant to cybersecurity? If so, provide details of their qualifications and experience.
  1. Do you have established agreements and relationships with cybersecurity consultants who often perform technical, forensic and investigative services at the direction of legal counsel under the attorney-client privilege? Please describe your experience working with these consultants and the value you add to these engagements, as opposed to having internal counsel directing these engagements.
  1. List every HIPAA breach matter in the last five years affecting 500 or more individuals, where you have served as lead counsel in connection with DHHS OCR investigations, California Attorney General investigations, and/or class action litigation.
  1. Describe any additional qualifications that make you uniquely qualified to represent the University in cybersecurity matters.
  1. If you propose to handle provider/supplier reimbursement matters, please answer the following additional questions:
  1. What is your experience providing regulatory advice to hospitals and health systems as it relates to Medicare/State Medi-Cal FFS/Managed Care funds (including but not limited to medical education, paramedical education, Disproportionate Share, DRG, APRDRG, APCs, California Children’s Services) and representing them in connection with regulatory investigations, audits, and similar matters?
  1. Discuss your experience handling federal and California provider and supplier enrollment matters.
  1. What is your experience handling payment disputes in front of the Provider Reimbursement Review Board, the Office of Administrative Hearings and Appeals, and California and federal courts?
  1. Discuss your role (if any) in representing providers, trade associations, or other clients in connection with negotiation of the Medi-Cal Waiver? If none, discuss your familiarity with the waiver and programs and initiatives funded thereunder.
  1. What experience, if any, do you have representing federally qualified health care centers or FQHC look-alikes?
  1. What is your experience providing regulatory advice to hospitals and health systems participating in the 340b program and representing them in connection with regulatory investigations, manufacturer audits, or similar matters?

Questions

Rachel Nosowsky, Deputy General Counsel – or (510) 987-9407

Brigid Saulny, Executive Assistant – or (510) 987-9945

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