Richard Y. Cheng, CHC

Transcription

1 Richard Y. Cheng, CHC Shareholder Dallas 500 N. Akard Street, Suite 3800 Dallas, Texas O: D: Education M.B.A. from The University of Memphis J.D. from Nova Southeastern University Shepard Broad Law Center B.S.O.T./M.O.T. from Texas Tech University Health Sciences Center Graduate Certificate of Public Health from The University of Texas Health Science Center at Bar Admissions Minnesota Texas United States District Court for the Northern District of Texas United States District Court for the Minnesota Related Practices Corporate & Securities Labor & Employment Real Estate Senior Housing Overview Richard s practice focuses on corporate transactions, regulatory and administrative appeals and compliance matters. He has an extensive health care law practice, with particular concentration representing skilled nursing facilities, assisted living facilities, home health agencies, community hospitals, physician groups, hospices, regulated products providers (e.g. medicinal cannabis) and rehabilitation providers. In this area he counsels clients regarding corporate transactions, health care regulatory and compliance matters, and administrative appeals. He also has considerable experience representing clients involving Stark Law, Anti-kickback, HIPAA, HITECH Act, Medicare-related transactions (e.g. change of ownership) licensure surveys, formation of management services organizations (MSOs), managed care organizations (MCOs) payment matters provider appeals before administrative law judges with the Office of Medicare Hearings and Appeals, Departmental Appeals Board, Civil Remedies Division and State Office of Administrative Appeals. Richard served as general counsel and vice president at two separate health care companies, where he assisted with change of ownership transactions, counseled on operational legal matters and worked closely with outside counsel managing multiple litigation matters. He also created the medical appeals departments at both health care organizations, overseeing multiple staff members that he trained, resulting in the successful recovery of millions of dollars in governmental and private health care insurance claims. Prior to joining Munsch Hardt, Richard was a partner and co-head of the Health Care Group at a Texas-based 2017 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 1

2 Related Industries Health Care Achievements D CEO Magazine & Association of Corporate Counsel Best Corporate Counsel Finalist, Solo Category ( ) D Magazine Best Lawyers in Dallas (2015 & 2017) Dallas Business Journal Best Corporate Counsel Rising Star Award (2011) National Diversity Council Legal Diversity Champion Award (2012) Texas LawyerMagazine Featured General Counsel (2012) Texas Occupational Therapy Association (Distinguised Service Award, ) Texas Tech University Health Sciences Center Distinguished Alumni Award (2010) Thomson Reuters Texas Rising Stars ( ) corporate law firm, and a shareholder at a national law firm. Early in his career he worked as a licensed occupational therapist, served as an adjunct faculty at multiple universities and lobbied in Washington, D.C. through the American Occupational Therapy Association. Richard spends countless hours volunteering in his community. He is a Street Law Program Lecturer, a volunteer for the First Presbyterian Stewpot Program since 2011, and he previously served as a pro bono attorney for an international asylum case with the Human Rights Initiative. Memberships American Bar Association, Health Law Section (Vice Chair of Long-Term Care Task Force) American College of Health Care Executives, North Texas Chapter American Health Lawyers Association, Post Acute/Long Term Services Section Collin County Bar Association, Corporate Counsel Section Dallas Asian-American Bar Association (Board of Directors, ) Dallas Association of Young Lawyers Foundation (Life Fellow; Leadership Class Selected Member, 2011) Dallas Bar Association, Health Law and Mergers & Acquisitions Sections (Selected Member and Graduate, 2014) Frisco Chamber of Commerce (Leadership Class Member, 2015) Frisco Sci-Tech Discovery Center (Board of Directors, 2017) Health Care Compliance Association LeadingAge Texas (Associate Business Member) National Asian Pacific American Bar Association National Cannabis Bar Association State Bar of Texas, Health Law and Business Sections (Diversity in the Profession Committee; 2016 Texas Minority Counsel Program Steering Committee) Texas Assisted Living Association (Public Policy Committee Member) Texas Association of Home Care & Hospice (Governmental Affairs Committee) Texas Cannabis Industry Association (General Counsel) William Mac Taylor Inn of Court, Barrister Level Certifications Health Care Compliance Certification by the Compliance Certification Board 2017 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 2

3 Languages Conversant in Mandarin Chinese Experience Nursing Facility Representation Represented several skilled nursing facility (SNF) providers, including one of the largest Texas based SNFs, in multiple of health care regulatory, change of ownership and asset purchase transactions. Hospital System Representation Represented a community hospital system in a imaging center acquisition, while advising on multiple Stark Law and Anti-Kickback Statute (AKS) concerns. Assisted Living Reprsentation Represented several assisted living facility (ALF) providers, including a large national ALF provider, in a license change of ownership transaction in Minnesota. Post-Acute Care Provider Audits Represented one of the largest post-acute care providers in a multi-million dollar set of Medicare Zone Program Integrity Contractor audits by successfully overturning a Qualified Independent Contractor (QIC) decision at the Administrative Law Judge (ALJ) appeal level. Hospice Representation Represented numerous home health care agencies and hospice providers, including a Dallas, Texas-based national provider, in a variety of regulatory and compliance matters involving daily operations and change of ownership transactions. Health Care Regulatory Counsel Serves as the primary health care regulatory and corporate counsel for multiple management service organizations (MSOs), including a parent company of multiple MSOs throughout the country Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 3

4 Regulatory + Compliance Serves as co-counsel and advises on health care regulatory and compliance issues in multiple health care fraud and abuse investigation and litigation matters initiated by the Department of Health & Human Services (HHS) Office of Inspector General (OIG) and Department of Justice (DOJ). Physician Group Representation Represents numerous physician groups and regularly counsels on corporate practice of medicine, Stark Law, False Claims Act (FCA), AKS and Texas Patient Non-Solicitation Act matters during investment transactions, corporate structuring and arranging compensation arrangements. HIPAA + HITECH Act Audit Represented a podiatry practice on a HIPAA and HITECH Act audit to determine whether proper security safeguards, HIPAA policies and procedures and training has been implemented. Hospice Representation Represented several home health care agencies and hospices in appealing deficiencies cited through a state government agency survey. Retail Pharmacy Representation Represented multiple wholesale and retail pharmacies, including a national pharmacy provider, on a variety of health care regulatory, compliance and state licensing issues. Dental Practice Representation Represented multiple dental practices when divesting assets to dental service organizations (DSOs) and advising on Texas corporate practice of dentistry issues. Optometry Service Provider Representation Represented a mobile optometry service provider in an effort to appeal an adverse Medicare certification action. Therapy Provider Representation 2017 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 4

5 Represented several long-term care therapy providers in health care regulatory matters and successfully covered millions of dollars in Medicare based audits through the administrative appeal process. Medical Spa Representation Represented a multi-location medical spa provider in negotiating medical directorships and other professional service relationships. Cannabis Law Serves as the primary counsel for a Texas-based cannabis producer on multiple licensing, corporate and regulatory matters. Wellness Provider Representation Represented and advised one of the largest national massage and wellness providers on maintaining compliance with privacy and security of protected health information. HIPAA + Health Care Fraud Represented several durable medical equipment (DME) providers on HIPAA related and health care fraud and abuse matters (e.g. FCA and AKS). Newsroom Speech: HIPAA Privacy and Security Issues + The Standards in Texas Article: How to Conduct an Effective Internal Investigation Speech: The Business of Cannabis In The News: North Texas Experts Explore the Cannabis Green Rush Speech: Fraud and Abuse - Avoiding the Pitfalls That Can Be Interpreted as Healthcare Fraud Speech: Update on Medical Review Activities for Home Health and Hospice Speech: Legal Concerns for Setting up a Business in the United States Speech: Privacy & Security of Protected Health Information Legal Concerns Speech: Forecast on Medicinal Cannabis In The News: The American Health Care Act: A Nationwide Diagnosis 2017 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 5

6 Press Release: 5 Munsch Hardt Attorneys Recognized as 2017 Best Lawyers in Dallas by D Magazine Speech: Introduction to Cannabis Taxation, Litigation and Regulatory Concerns Speech: Managing Annuity Creep Article: Trump Administration and the Future of Medicare Certification Press Release: Eleven Munsch Hardt Attorneys Recognized as 2017 Rising Stars by Thomson Reuters In The News: Munsch Hardt Fills Gaps in Health Care Practice With Two New Shareholders In The News: Munsch Hardt Adds ERISA, Health Care Practices with Lateral Hires In The News: Munsch Hardt Adds Corporate Partners In Dallas Press Release: Munsch Hardt's Corporate, Health Care Practice Expands in Dallas Speech: Health Care Fraud Speech: Employer Intrusions and Expectation of Privacy by Employees Article: Marketing Limitations in Health Care Speech: Emerging Topics in Cannabis Law Speech: Privacy & Security Compliance: HIPAA, HITECH Act & Texas HB 300 Speech: Case Law & Legislative Update for Chiropractors Speech: Managing Protected Health Information Under HIPAA & Texas Privacy Law Speech: Preventing Harassment & Discrimination in the Workplace Speech: Post-Acute Care Providers Anti-Discrimination Obligations Speech: Physician Ancillary Services Speech: Managing Protected Health Information Under HIPAA and Texas Privacy Laws Speech: Compliance Trends For SNFs, ALCs & Hospices Article: Why Long Term Care Operators Should Care About Anti-Kickback Statute Trends Speech: Employer Rights with Open Carry Speech: Best Practices for Internships and Clerkships for 2Ls Speech: HIPAA, HITECH Act and Texas House Bill 300 Article: Trolling for Medical Golden Nuggets Article: Post-Acute Care Provider Antidiscrimination Obligations Article: Electronic Health Records: What to Expect in 2016 Speech: Being an Expert Witness: Duties, Testimony, Expert Reports and Ethical Considerations Speech: Employment Laws Affecting the Health Care Industry 2017 Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 6

7 Speech: Change of Ownership (CHOW) Preparation and Considerations Article: The Legal and Operational Guide for Free Medical Clinics Article: The Legal and Operational Guide for Free Medical Clinics Article: Recognizing and Managing Acuity Creep in Assisted Living Facilities Speech: Health Care Fraud Article: Audits Conducted by Medicare Article: Preparing for a Healthcare Mediation Speech: Long Term Care Facility Concerns in Licensure, Certifications, Operations and Transactions Article: Stark Law Concerns with Skilled Nursing Facility Medical Directors Speech: Health Care Fraud Concerns in Rehabilitation Speech: Confidentiality in Communication: With Residents, Staff and Family Members Article: Breaking down Ebola concerns Speech: Long-Term Care Workforce, Licensures Involved, Change of Ownerships (CHOWs) and OIG Exclusions of Certain Staff in Long Term Care Article: Strategies to Combat Common Deficiencies in Assisted Living Facilities Speech: A Look at Protecting Patient Information: HIPPA, HITECH Act and Texas HB Muncsh Hardt Kopf & Harr, P.C. All Rights Reserved 7