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Biography
Gary's practice focuses on providing legal services to the health care industry. He is experienced in the special regulatory and organizational problems of health care providers and systems, academic medical centers, medical group practices, and pharmaceutical and medical device manufacturers. His experience includes handling complex health care fraud and abuse and False Claims Act litigation, risk assessments, and investigations; implementing comprehensive corporate compliance programs including voluntary disclosure and repayment matters; structuring health care business transactions and contractual relationships; advising clients concerning Medicare and Medicaid law and regulations; and handling Medicare and Medicaid reimbursement, coverage, and certification controversies and appeals.
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Representative Experience
- Represented various academic medical centers and other cardiovascular centers of excellence before the Department of Justice (DOJ) and Office of Inspector General (OIG) in a federal False Claims Act qui tam litigation concerning Medicare billing for certain cardiac medical devices subject to FDA investigational device exemptions
- Represented various health care providers before the DOJ and OIG on issues related to pneumonia coding, discharge/transfer, DRG window, outpatient lab unbundling, inpatient hospital short stay, outpatient observation services, home health agency conflict of interest, and other national recovery initiatives
- Represented various health care provider entities in development and implementation of corporate compliance plans including plan design, risk assessments, internal reviews, self-audits, voluntary disclosures, and repayments to governmental and private health programs
- Represented various academic medical centers before the DOJ and the OIG on issues related to the OIG's Physician Audit at Teaching Hospitals (PATH) recovery project and in copycat federal False Claims Act qui tam litigation
- Represented group of emergency physician group practices and hospital defendants in federal False Claims Act qui tam litigation involving alleged upcoding for emergency department physician services
- Represented various pharmaceutical and medical device manufacturers (and interested hospital providers) in obtaining Medicare coverage and payment for their products including obtaining a new Medicare DRG for drug eluting stents
- Represented local governmental hospital district in transfer of hospital assets and operations to health care system and negotiation of Indigent Care Agreement between hospital district and health care system
- Represented various medical centers and academic institutions in structuring for participation in managed care initiatives including state Medicaid managed care and capitation programs
- Represented National Football League franchise in negotiation of exclusive health care provider agreement with federal tax-exempt health care system
- Represented federal tax-exempt health care system in negotiation of exclusive health care provider agreement with National Football League franchise
- As President of the American Academy of Healthcare Attorneys (AAHA), presided over and served as member of negotiating committee responsible for successful 1997 merger of AAHA and the National Health Lawyers Association to create the American Health Lawyers Association, the country's largest trade association for health law attorneys
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Activities and Affiliations
- State Bar of Texas: Chair, Health Law Section (1992-1993); Charter Member, Health Law Exam Commission, Texas Board of Legal Specialization (2002- ); Member, College of the State Bar of Texas
- American Health Lawyers Association [formerly, American Academy of Healthcare Attorneys]: President(1996-1997); Immediate Past President and Executive Committee member (1997-1998); Director (1991-1997); Recipient of the David J. Greenburg Award for contributions to the Association
- Healthcare Financial Management Association: Member, Compliance Officers Forum Advisory Council (2000-2002); Recipient of HFMA Medal of Honor (1999); Chapter Liaison Representative, Region 9 (1994-1995); President, Texas Gulf Coast Chapter (1992-1993)
- Listed: Chambers USA: America's Leading Business Lawyers in healthcare law, 2005-2006; The Best Lawyers in America in healthcare law, 2005 and 2006; "Texas Super Lawyers" in healthcare law, Texas Monthly, 2003-2005; One of twelve "Outstanding Fraud and Compliance Lawyers," Nightingale's Healthcare News; Who's Who in America, Who's Who in American Law; Who's Who of Emerging Leaders in America
- Author or Co-Author: "Medicare Parts A, B and C," Fundamentals of Health Law (American Health Lawyers, 3rd ed. 2002); "Compliance for Hospital Ventures and Arrangements," Health Care Compliance Guide (CCH 2001); "A Call for Balancing of Agency Sentinel Priorities," Journal of Health Law (Fall 1999); "Model Hospital Corporate Compliance Plan" (American Academy of Healthcare Attorneys 1997); Ch. 34, "Fraud and Abuse," Emergency Medicine Risk Management: A Comprehensive Review (American College of Emergency Physicians 1997); "OIG Investigates Billing Practices for Medical Devices," GFP Notes and COTH Report (Association of American Medical Colleges 1994); "Final Safe Harbors Narrow and Rarely Navigable," Health Care Financial Management (Oct. 1991); Contracting Guidelines for Internists (American Society of Internal Medicine 1991); Ch. 12, "External Audits," Optimizing Revenues Through Effective Reimbursement Strategies (American College of Emergency Physicians, 2d Ed. 1991); "Graduate Medical Education Costs to Be Reaudited," Group Practice Journal (March/April 1990); "Safe Harbor Regulations," Gulf Coast Lines (HFMA February/March 1990); "Beware: Proposed Medicare Teaching Physician Regulations Published," The Health Lawyer, (Summer 1989)
- Speaker: numerous associations and professional groups on health law topics including Washington, D.C. updates; corporate compliance programs; fraud and abuse, false claims act, Medicare exclusions, and related topics
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Education and Professional Background
- The University of Texas, B.B.A. in marketing with honors, 1973 (Phi Kappa Phi)
- The University of Texas School of Law, J.D. with honors, 1976 (Order of the Coif; Phi Delta Phi)
- Admitted to practice: Texas, 1976; United States Supreme Court; U.S. Court of Claims; Fifth and Eleventh U.S. Courts of Appeal; Multiple federal District Courts
- Vinson & Elkins L.L.P.: Partner, 1991-present; Co-chair, Health Industry Group, 1996-present
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