Health Care Law Attorney

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David L. Rogers is the founding shareholder of the firm.  Mr. Rogers is also an Adjunct Professor of Law at Wayne State University Law School, teaching Health Care Organization and Finance. His practice focuses primarily on representing and advising health care providers and professionals in matters such as group practice and other business organization, contracts, third party payer audits and reimbursement, fraud-and-abuse issues, professional license disciplinary actions, hospital staff privilege actions, legislative issues and joint ventures.  He regularly advises physician groups and other health care providers on their business operations, professional matters and day-to-day legal issues.  He is also an experienced faciliator/mediator in civil litigation matters.  Mr. Rogers has an undergraduate degree in business and accounting, and before entering the legal profession was a Regional Administrator and Regional Controller for outpatient facilities owned by a large national health care company.  Mr. Rogers has been awarded the AV Martindale-Hubbell Peer Review Rating, the highest rating for legal ability and ethical standards, and has been selected as a Michigan Super Lawyer in health care law by the publishers of Law & Politics every year since Super Lawyers began rating Michigan lawyers.  Mr. Rogers is a past Chair of the Health Care Law Section of the State Bar of Michigan, and was recognized by the Health Care Law Section of the State Bar of Michigan in the inaugural group of ten Health Care Law Section Fellows, for sustained outstanding contributions to the Section.  He has also been selected as a DBusiness Top Lawyer, and is listed in Best Lawyers in America in health care law.


Health Care Attorney David L. Rogers

Health Care Law Attorney



Professional Organizations and Activities

State Bar of Michigan, Health Care Law Section:

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Health Care Law Section Fellow, awarded 2011 for sustained outstanding contributions to the Section

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Chair, 2006-2007

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Governing Council member, 2003-2008

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Substantive Law Committee: Chair, 2002-2004; Vice-Chair, 2001-2002; Co-Chair, Providers Subcommittee, 1998-2001

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State Bar of Michigan Leadership Forum, 2007

Wayne State University Law School:

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Board of Visitors, member, 2003-2009

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Law School Alumni Association: President, 1998-1999; Member, Board of Directors, 1997-2003

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Adjunct Professor, Health Law

Wayne State University School of Medicine:

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Faculty, Department of Internal Medicine Residency Program, 2003-2011

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Lecturer, Year II Medical Ethics Course, 2000-2003

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Committee of Visitors, Vera P. Shiffman Medical Library, 1999-2003

Wayne State University, Irvin D. Reid Honors College:

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Board of Visitors, Chair, 2011 - 2014

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Board of Visitors, member, 2009 - 2014

Healthcare Financial Management Association:

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Follmer Award recipient (1999)

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Advanced Member (1995)
 

American Health Lawyers Association (Faculty, Annual Meeting, 2006: co-author of various AHLA publications) (member since 1986)

Oakland County Bar Association (Member, Medical-Legal Committee, 2008-present; Member, Public Advisory Committee on Judicial Candidates, 2004)

Detroit Metropolitan Bar Association (Member, Medical-Legal Section)

Federal Bar Association (Detroit Chapter) (Co-Chair, Health Law Committee, 2012-present)

Overview of Practice Areas and Experience
 

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Business Organization: Organizing and advising many health care entities, including physician group practices, physician organizations, rehabilitation facilities and agencies, diagnostic facilities, community mental health agencies, clinical laboratories, home health agencies, durable medical equipment suppliers and others, in the areas of business organization, administrative structure, employment and independent contractor agreements, certificates of need, compliance programs, third party payment compliance, Medicare certification, personnel policies and medical records organization.

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Contracting: Negotiating and drafting many health care contracts and arrangements, such as physician employment and shareholder agreements, hospital-physician joint venture agreements, management services agreements, physician capitation arrangements, participation agreements, medical director contracts, consultant agreements, co-ownership arrangements for medical equipment, and space sharing agreements.

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Payer Audits: Representing physicians, providers and suppliers in Medicare, Blue Cross and other third party payer audits.

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Fraud-and-Abuse: Advising clients in health care fraud-and-abuse and physician self-referral matters, including Stark Law, anti-kickback law and Michigan licensing restrictions. Represented physicians in leading Michigan case on physician self-referral.

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License Discipline: Representing physicians and other health care professionals in State license disciplinary investigations and proceedings.

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Medical Staff Credentialing: Representing physicians and other health care professionals in credentialing and staff privilege matters.

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Compliance Programs: Designing and instituting compliance programs; on-going compliance counsel.

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Legal Disputes and Litigation: Representing health care entities and professionals in legal disputes, mediation, facilitation and civil litigation involving payment disputes, breach-of-contract claims and other health care law matters. Experienced as court-appointed case facilitator.

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Investigations: Representing health professionals and entities in civil fraud investigations and cases, seizures under search warrant, federal grand jury inquiries and other criminal and quasi-criminal investigations and proceedings.

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Business Sales and Purchases: Representing sellers and purchasers of health care facilities and practices.

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Employee Benefit Plans: Negotiating and drafting contracts between employee benefit plans and health care provider organizations.

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Government Relations: Experienced in legislative and administrative matters, including drafting, lobbying and testifying for and against health care legislation at the State and federal levels.

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Frequent speaker and author on health law topics.
 

Selected Presentations and Articles on Health Law Topics

"Are EP and Hospital Jointly Defending Med/Mal Lawsuit?" Feature Article Contributor, ED Legal Letter The Essential Resource for Emergency Medicine Malpractice Prevention and Risk Management, (May 2017).

"Is EP Target of State Medical Board Investigation?" Feature Article Contributor, ED Legal Letter The Essential Resource for Emergency Medicine Malpractice Prevention and Risk Management, (January 2017).

Invited Discussion Leader, "Seventh Annual Professionalism in Action Program," Wayne State University Law School, January 2017.

"Healthcare Legal Update", and "Physician Employee Agreements", portion of program, 2016 NicheWorks/HCAA - National CPA Healthcare Advisors Association Conference, Las Vegas, Nevada.  Presented October 27, 2016.

"Hospital-Physician Practice Transactions," State Bar of Michigan Health Care Law Section web conference.  Co-presenter April 2016.

"Health Care M&A," portion of program, Healthcare Conference, sponsored by The Michigan Association of Certified Public Accountants .  Co-presenter April 2016.

“Physician Agreements,” Co-author, Chapter 22 in Representing Physicians Handbook, Fourth Edition, published by American Health Lawyers Association. Co-author 2016.

"Recent Trends in Transactions and Joint Ventures," portion of program, 21st Annual Michigan Health Law Institute, presenter and program moderator, sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Care Law Section, Plymouth, Michigan. Presented March 2015.

"Audits: What Every Pharmacist Should Know," Michigan Pharmacists Association web conference. Co-presenter September 2014.

“What Your Small Business Clients Need to Know About Health Care Reform,” portion of program, Upper Michigan Legal Institute, sponsored by The Institute of Continuing Legal Education and State Bar of Michigan Health Law Section, Mackinac Island, Michigan.  Presented June 2014.

“What Your Small Business Clients Need to Know About Health Care Reform,” portion of program, Solo and Small Firm Institute, sponsored by The Institute of Continuing Legal Education and State Bar of Michigan Health Law Section, Lansing, Michigan.  Presented September 2013.

“Physician Agreements,” Co-author, Chapter 22 in Representing Physicians Handbook, Third Edition, published by American Health Lawyers Association. Co-author December 2012.

“HIPAA For Non-Health Care Lawyers,” portion of seminar sponsored by The Institute of Continuing Legal Education. Co-Presenter October 2012.

“POST: Physician Orders for Life Sustaining Treatment Issues and Initiatives in Michigan, Part II,” statewide teleconference sponsored by the State Bar of Michigan Health Care Law Section. Co-Presenter September 2012.

Co-presenter at a seminar sponsored by The Institute of Continuing Legal Education in October 2012 entitled "HIPAA For Non-Health Care Lawyers."

“ACOs: A Bold Idea With Legal Challenges,” portion of State Bar of Michigan Health Care Law Section Annual Meeting, Rochester, MI. Presented September 2011.

“What Every Physician Should Know About Medical Marihuana and Disability Examinations,” portion of Clinical Skills and Competency rotation, Internal Medicine Residency Program, Wayne State University School of Medicine, Detroit, Michigan. Lecturer October 2010.

“Legal Compensation for Marketers,” portion of 9th Annual Power Home Health Referrals Program, sponsored by Home Health Line, Nashville, Tennessee. Presented February 24-26, 2010.

“Retail Trends in Health Care Delivery,” portion of program 15th Annual Michigan Health Law Institute, Plymouth, Michigan; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Care Law Section. Presented March 2009.

“Physician Agreements,” chapter in Representing Physicians Handbook; (publication of American Health Lawyers Association), (November 2009).

“Legal Issues: What Every Physician Should Know,” portion of Clinical Skills and Competency rotation, Internal Medicine Residency Program, Wayne State University School of Medicine, Detroit, Michigan. Lecturer October 2008 - January 2009.

“Proposed Stark Law Changes-the Government’s Response to Physician-Hospital Competition,” portion of Annual Michigan Health Law Institute, sponsored by The Institute of Continuing Legal Education and State Bar of Michigan Health Care Law Section, Detroit, Michigan. Presented September 2008.

“The Intersection of Today's Law and Tomorrow’s Medicine: Legal Protection for Physicians at the Forefront in Developing New Techniques and Treatments,” portion of Advanced Vaginal & Pelvic Reconstructive Surgery program; sponsored by Workshops in Pelvic Surgery; The Royal College of Obstetricians and Gynaecologists, London, UK. Presented June 2008.

“Overview of Latest Developments in Antitrust Law,” portion of program Health Care and the Antitrust Laws, Novi, MI; co-sponsored by the Antitrust, Franchising and Trade Regulation Section and the Health Care Law Section, State Bar of Michigan. Presented May 2008.

“Medical Staff Privileges & Licensing,” portion of program 14th Annual Michigan Health Law Institute, Plymouth, Michigan; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Care Law Section. Presented March 2008.

“The Pros and Cons of an Independent Staff in a Physician Practice,” sponsored by the Oakland County Bar Association. Presented February 2008.

“Home Health Agencies: Legal Issues and Compliance,” portion of Home Health Agency Management Program, A.D. Maxim Seminars, Troy MI, Miami FL, Chicago IL. Presented November 2007 – February 2008.

“Legal Issues: What Every Physician Should Know,” portion of Clinical Skills and Competency rotation, Internal Medicine Residency Program, Wayne State University School of Medicine, Detroit, Michigan. Lecturer October 2007 - January 2008.

Program Chair “Consumer-Driven Health Care: Better Care or a Passing Fad?” and Roundtable Discussion Moderator, “Stark Law and Anti-Kickback Law Update,” Annual Meeting, Health Care Law Section, State Bar of Michigan, Detroit, Michigan, (September 2007).

“Corporate Practice of Medicine: Physicians, Physician Extenders & Allied Health Professionals,” portion of program 13th Annual Michigan Health Law Institute, Plymouth, Michigan; presenter and program moderator; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Care Law Section. Presented March 2007.

“Clients’ Use of the Health Care Lawyer as a Marketing Tool - When Does the Lawyer Cross the Line?” chapter in Health Law Handbook, 2007 Edition. Published by WestGroup Publishing, (2007).

“Legal Issues For Physicians,” portion of Clinical Skills and Competency rotation, Internal Medicine Residency Program, Wayne State University School of Medicine, Detroit, Michigan. Lecturer October 2006 - January 2007.

“Legal Ethics: Clients’ Use of the Health Care Lawyer as a Marketing Tool – When Does the Lawyer Cross the Line?” portion of Annual Meeting, American Health Lawyers Association, Philadelphia, Pennsylvania. Presented June 2006.

“Anti-Kickback and Stark Law Update,” portion of Health Care Law Roundtable, Novi, Michigan; sponsored by State Bar of Michigan Health Care Law Section. Discussion Leader May 2006.

“Recent Developments in Antitrust,” portion of program 12th Annual Michigan Health Law Institute, Troy, Michigan; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Law Section. Presented March 2006.

“Legal Issues: What Every Physician Should Know,” portion of Integrative Medicine rotation, Internal Medicine Residency Program, Wayne State University School of Medicine, Detroit, Michigan. Lecturer October 2005 - January 2006.

“Stark Law and Fraud-and-Abuse,” Health Care Law Roundtable, portion of State Bar of Michigan Health Care Law Section Annual Meeting, Dearborn, Michigan. Discussion Leader September 2005.

“New Stark Regulations,” portion of program 11th Annual Michigan Health Law Institute, Troy, Michigan; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Law Section. Presented March 2005.

“Legal Issues for Physicians,” portion of Integrative Medicine rotation, Internal Medicine Residency Program, Wayne State University School of Medicine, Detroit, Michigan. Lecturer September - December 2004.

“Stark Law Phase II Regulations: Physician Issues,” portion of Health Care Law Roundtable, Livonia, Michigan; sponsored by State Bar of Michigan Health Care Law Section. Discussion Leader June 2004.

“Systems-Based Practice – Legal Issues,” Core Competency program, Michigan State University College of Osteopathic Medicine, Statewide Campus System, East Lansing, Michigan. Lecturer April 2004.

“Negotiating and Drafting Hospital/Physician Agreements,” portion of program Michigan Health Law Institute, Troy, Michigan; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Law Section. Presented March 2004.

“Legal Issues for Physicians,” portion of Integrative Medicine rotation, Internal Medicine Residency Program, Wayne State University School of Medicine, Detroit, Michigan. Lecturer September - December 2003.

“Legal Issues for Dentists: What Every Dentist Should Know,” Oakland County Dental Society luncheon speaker series, Bloomfield Hills, Michigan. Presented April 2003.

“Law and Medicine,” portion of Year II Medical Ethics course, Wayne State University School of Medicine, Detroit, Michigan. Presented April 2003.

“Legal Issues for Physicians: What Every Physician Should Know,” Internal Medicine Residency Program, Wayne State University School of Medicine, Detroit, Michigan. Lecturer September - December 2002.

“Still Crazy After All These Years: Michigan Looks to the Stark Law To Make Its Physician Self-Referral Law More Clear,” Michigan Health Law Report (publication of State Bar of Michigan, Health Care Law Section), (September 2002).

“Public Act 402 of 2002: Replacing Indenbaum With a Michigan Version of The Stark Law,” statewide teleconference sponsored by the State Bar of Michigan, Health Care Law Section. Presented August 2002.

“Law and Medicine,” portion of Year II Medical Ethics course, Wayne State University School of Medicine, Detroit, Michigan. Lecturer April 2002.

“Legal Issues in Counseling: What Every Counselor Should Know,” joint program of the Michigan Association of Marriage and Family Counselors and the Michigan Mental Health Counselors Association, Royal Oak, Michigan. Presented January 2002.

“Law and Medicine,” portion of Year II Medical Ethics course, Wayne State University School of Medicine, Detroit, Michigan. Lecturer January 2001.

“Medical Practice Compliance: Making It Work For You, Your Staff and Your Patients,” with John A. Cook and Nancy L. Lukey, Pontiac, Michigan; sponsored by Oakland Physician Network Services. Presented January 2001.

“Dealing with the Payers,” portion of program Investigations and Organizational Compliance, Lansing, Michigan; sponsored by the Health Care Compliance Association (Michigan Chapter). Presented November 2000.

“Third Party Payer Audits: Practical Advice for Physicians” and “Compliance Programs for Physician Practices,” portions of program Corporate Compliance: Investment or Expense, Saginaw, Michigan; co-sponsored by Saginaw Cooperative Hospitals, Inc., and Yeo & Yeo, Certified Public Accountants. Presented November 1999.

“Fraud and Abuse in the Home Care Industries” portion of program Season of Change - 1999 Annual Conference, Grand Rapids, Michigan; sponsored by the Michigan Home Health Association. Presented May 1999.

“Third Party Payer Audits: Practical Advice for Physicians,” Southfield, Michigan, sponsored by the Healthcare Financial Management Association, Eastern Michigan Chapter, Compliance Committee. Presented March 1999.

“Physician Billing and Payment: Blue Cross/Medicare Reimbursement Update,” portion of program Michigan Health Law Institute, Troy, Michigan; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Law Section. Presented March 1999.

“Drafting Documents for Professional Practices,” portion of program 1998 Drafting Business and Corporate Document Series, Troy, Michigan; sponsored by The Institute of Continuing Legal Education. Presented December 1998.

“Compliance For Medical Practices” and “Third Party Payer Audits,” portions of program Protecting Your Practice: Audits, Fraud & Abuse, Botsford General Hospital Seminar Series 1998, Farmington Hills, Michigan. Presented November 1998.

“Compliance For Small Medical Practices,” portion of program Health Care Compliance: How To Avoid Prosecution, East Lansing, Michigan; sponsored by Michigan State University and Sparrow Health System. Presented November 1998.

“Compliance For Medical Practices,” sponsored by the Orthopedic Managers Association, Troy, Michigan. Presented October 1998.

“Fraud and Abuse Issues In The Home Care Industries,” portion of program Michigan Health Law Institute, Troy, Michigan; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Law Section. Presented February 1998.

“Medical Record Documentation of Difficult Patients,” portion of program Strategies for Working with Difficult Cases - A Team Approach, Southfield, Michigan; sponsored by Michigan Hand Rehabilitation Center. Presented November 1997.

“Could Medical License Sanctions be Imposed on Third Party Payers’ Medical Consultants for Denying Pre-Approval of Necessary Care?” Feature Article, The Bulletin, Oakland County (MI) Medical Society, (September 1997).

“Self Referral After the Indenbaum Case,” portion of program Mercy Health Services 1997 Legal Symposium, Detroit, Michigan; sponsored by Mercy Health Services. Presented August 1997.

“Third Party Payer Audits,” portion of program Michigan Health Law Institute, Troy, Michigan; sponsored by The Institute of Continuing Legal Education and the State Bar of Michigan Health Law Section. Presented February 1997.

“Stark Law Prohibitions Against Physician Self-Referral,” portion of program Michigan Health Law Institute, Troy, Michigan; sponsored by The Institute of Continuing Legal Education. Presented February 1996.

“Third Party Payer Audits: Practical Advice For Physicians, Part Two.” Published: The Orthopod, April 1995; The Bulletin, Oakland County (MI) Medical Society, (May 1995).

“Third Party Payer Audits: Practical Advice For Physicians, Part One.” Published: The Orthopod, September 1994; The Bulletin, Oakland County (MI) Medical Society, (April 1995).

“Stark Law Prohibitions Against Physician Self-Referral,” portion of program Michigan Health Law Institute, Troy, Michigan; sponsored by The Institute of Continuing Legal Education. Presented February 1995.

“Confronting Resident Abuse By Nurse Aides: What You Should Know, What You Must Do”; Lansing, Michigan; sponsored by The Valley Connection. Presented March 1994.

“Defending Civil Audits: Practical Advice,” portion of program Health Care Reimbursement, Physician Sanctions and Fraud and Abuse Investigations; Grand Rapids and Troy, Michigan; sponsored by The Institute of Continuing Legal Education. Presented February 1994.

“Complying With The Stark Law: A Common Sense Approach For Physician-Owned Laboratories,” portion of program Medicare Do’s & Don’ts: The Plain English Workshop; Arlington, Virginia; sponsored by United Communications Group. Presented September 1991.

“Medical Records: Basic Legal Considerations for Therapists” and “Basic Deposition Guidelines,” Southfield, Michigan; sponsored by Michigan Hand Rehabilitation Center. Presented May 1991.

Panelist, “An Array of Fraud and Abuse Prosecutions - The Law Is Becoming Defined: The Greber Case, The Kats Case, The Bay State Ambulance Case, The Smith-Kline Lab Case and Others”; Panel Moderator, “Alternatives and Options in a Changing Regulatory Climate”; portions of program Survival of Outpatient Business in the 90’s: Restructuring of Physician Limited Partnerships to Meet New Federal Guidelines; Fort Lauderdale, Florida; sponsored by Technicore Corporation, (March 1991).

Organizer, Host and Moderator, National Health Lawyers Association Breakfast Reception, Southfield, Michigan, featuring Congressman Sander Levin; included moderating questions and answers on the Stark Law and health care reform proposals, (February 1990).

“Fraud and Abuse,” portion of Health/Legal Seminar, Novi, Michigan; sponsored by Michigan Health Care Lawyers Association and Michigan Association of Osteopathic Physicians and Surgeons. Presented November 1986.

“Federal and State Laws Against Financial Abuse,” portion of program Competition and New Business Relationships in the Health Care Industry; Detroit, Michigan; sponsored by the Federal Trade Commission and the Federal Bar Association (Detroit Chapter). Presented 1985.