Industries
Education
- J.D., State University of New York - Buffalo Law School, 1989
- M.A., Harvard University, 1990
- B.A., Haverford College, 1986
Admissions
- California
Overview
Honors
Thought Leadership
Memberships
Ken is a partner in the Corporate practice group in the firm's Los Angeles office. Chambers USA ranks him highly for Healthcare, where he was commended for his "broad-based ability in the regulatory area." Clients appreciate that "his explanations are clear, and he understands the business side of things," notes Chambers 2016.
Areas of Practice
Ken represents a wide range of healthcare providers and healthcare companies, including specialty and general acute hospitals (including local district, nonprofit and for-profit facilities), home health agencies, pharmaceutical vendors, nursing facilities, and health information and management providers.
Ken has experience in Medicare and Medicaid reimbursement and certification, state licensing, and federal regulatory compliance.
Additionally, he counsels clients on physician referral law limitations, state and federal fraud and abuse issues, and state and federal false claims and program fraud matters.
Ken helps clients both establish and operate healthcare compliance programs. He has developed corporate compliance programs designed to identify Medicare and Medicaid reimbursement and certification issues, licensing and federal regulatory compliance matters, fraud and abuse issues, as well other regulatory compliance matters. He has assisted clients in both internal and external investigations of healthcare facilities and has experience in advising clients on disclosure and reporting obligations and strategies under the various federal and state false claims laws.
Honors
- Healthcare Lawyer of the Year - Los Angeles, Best Lawyers in America, 2017
- RAVES (Recognizing AHLA Volunteer Engagement and Success) Recipient, American Health Lawyers Association, 2016
- Leading Lawyer, Chambers USA, 2005-2017
- AV® Preeminent Rated, Martindale-Hubbell®
- Healthcare, Legal 500, 2010, 2011, 2013-2015
- Best Lawyer in America, Best Lawyers, 2011-2017
- Southern California Super Lawyer, Super Lawyers, 2011-2016
Articles
- Med Monthly, February 1, 2017
- AHLA, December 2014
- "The Baucus Health Bill – A Mixed Bag for Drug Makers?" Corporate Compliance Insights, January 18, 2010
- "Caution, Scrutiny Ahead: Physician-Hospital Collaboration Drawing More Regulatory Attention," Modern Healthcare, May 5, 2006
Healthcare Law Blog Posts
- "More Telemedicine Food for Thought: Exception Five to the Haight Act’s In-Person Examination Requirement," July 13, 2017
- "Giving Telemedicine More Room to Breathe: Recent and Pending State and Federal Actions in the World of Online Prescribing," July 10, 2017
- "When your Hospital-of-Choice is In-Network but, SURPRISE, your Anesthesiologist is Not: California’s AB-72 and Other State Responses to the Surprise Billing Pandemic," June 20, 2017
- "To Report or Not to Report – Is it Really A Question?" June 5, 2017
- "The Opportunities and Challenges of Freestanding Emergency Departments," May 24, 2017
- "ACA Cost-Sharing Reductions: An Uncertain Future," May 5, 2017
- "Part VI: An Update on the American Health Care Act," May 5, 2017
- "Has the Acquisition of Cigna Corp. by Anthem, Inc. Been Relegated to the Dustbin of History? Stay Tuned!" May 3, 2017
- "Final Market Stabilization Rules – How Stable is Stable?" April 21, 2017
- "Patient Check-Ups Before Checking Out: Partnering to Bring Health Care into the 'One-Stop Shopping' Sector," April 17, 2017
- "Jury Returns Massive Verdict in Hospital Gown Fraud Lawsuit," April 13, 2017
- "Health-Related Programs Face Deep Cuts In President Trump’s 'Budget Blueprint to Make America Great Again,'" March 30, 2017
- "CMS Delays Implementation of New Payment Models (Again)," March 29, 2017
- "Part V: A Brief Overview of the American Health Care Act," March 9, 2017
- "New OIG Exclusion Authority Rule Set To Go Into Effect on March 21, 2017," March 8, 2017
- "Physician-Owned Hospitals: Back in the Legislative Saddle Again or 'I’m just a bill, I am only a bill,'" March 1, 2017
- "Justice Department Joins Whistleblower Suit Accusing UnitedHealth Group of Overcharging Medicare by 'Hundreds of Millions'," February 23, 2017
- "The 340B Program Omnibus Guidance: Not Ready for Prime Time," February 21, 2017
- "Part IV: The ACA, Post-Inauguration," February 7, 2017
- "Part III: Exploring 'Repeal and Replace,'" December 21, 2016
- "Part II: Implications of a Partial Obamacare Repeal," December 6, 2016
- "Part I: How We Got Here: President Obama to Obamacare to President-elect Trump," November 18, 2016
- "Very Opaque to Slightly Transparent: Shedding Light on the Future of Healthcare," November 15, 2016
- "House Republicans Push Back on Medicare’s New Mandatory Bundled Payment Models," October 19, 2016
- "The MACRA Final Rule: The Art of the Transition," October 18, 2016
- "The Road to Higher Out-of-Pocket Medical Costs is Paved with Good Intentions: The Unintended Consequences of High Deductible Health Plans," October 5, 2016
- "Vermont to Launch a First-in-the-Nation All-Payer System for All Healthcare Providers," September 30, 2016
- "CMS says to physicians: Pick your pace for MACRA implementation. Physicians say to CMS: Thank you for hearing us." September 26, 2016
- "CMS Releases 2017 Medicare Hospital Payment Rates, Penalties for Poor Performers," September 7, 2016
- "Medicare Board of Trustees Releases 2016 Annual Report: Hospital Trust Fund Insolvency Projected by 2028," July 7, 2016
- "The Supreme Court Upholds The Availability Of Subsidies On The Federal Exchange—Where Do We Go From Here?" June 25, 2015
- "More Risk for All and “Free” Care?" March 20, 2015
- "Stripping the ACA of Both the Carrot and the Stick: Sticking it to Consumers On and Off the Federal Exchange," March 13, 2015
- "Oral Argument in King v. Burwell Concludes; Debates Ensue," March 4, 2015
- "On the Eve of Oral Arguments before the U.S. Supreme Court in King v. Burwell: Obamacare in the Balance," March 2, 2015
- "The push for greater transparency in healthcare continues," May 14, 2014
- "Enforcement of the Two-Midnight Rule Delayed Again," April 7, 2014
- "Dual Eligibles Coordinated Care Demonstration postponed to July 2013," September 17, 2012
- "Accountable Care Organizations: Payment Options for ACOs Pursuant to the Proposed Rule," May 24, 2011
- Proposed Rule: Legal Structure and Governance of ACOS, April 12, 2011
- "CMS Releases Self-Referral Disclosure Protocol for Stark Violations," November 29, 2010
- "OIG Releases Fiscal Year 2011 Work Plan," November 29, 2010
Speaking Engagements
- "CFO Roundtable: The Sunshine Act," Hardesty LLC, June 18, 2013
- "Governmental Disclosure: The Ins and Outs and Ups and Downs," Physician Practice Compliance Conference, Health Care Compliance Association, October 2006
- "Fraud and Abuse in the Pharmaceutical Industry," OIG Update, 2005
- “Fraud and Abuse in the Pharmaceutical Industry,” Best Practices for Using Health Care Professionals as Consultants, 2004
- "The Medicare Modernization Act: Medicare Part B," Los Angeles County Bar Association, Healthcare Section, 2004
- "The Medicare Modernization Act: A General Review," California Society of Healthcare Attorneys, Annual Meeting, 2004
- “Managed Care Contracting and Corporate Compliance," Council of Ethical Organizations, 2003
- "The Basics of Managed Care Contracting," American Health Lawyers Association, Hospitals and Health Systems Conference, 2002
- "The Other Side of Compliance: Disclosure," Healthcare Financial Management Association, 2001
- "Risk Sharing, Gainsharing and Incentive Design: What Can Providers Do Now?," American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues, 2000 and 2001
- "Compliance Programs: Minimizing Risks in an Era of Increasing Enforcement," Healthcare Financial Management Association, 2000
Memberships
- Vice Chair, Healthcare Facility Operations Interest Group, 2013-2014
- American Health Lawyers Association