Introduction
Sam is a Health Law shareholder for Fredrikson & Byron. His emphasis is on legal issues facing Medicaid and Medicare providers, including nursing facilities, HCBS waiver providers, hospitals, physicians, nurses, assisted living facilities, and other licensed health professionals. His experience with those clients includes litigation before civil trial and appellate courts, federal and state administrative agencies, and licensing boards. He also provides advice on regulatory, contract, employment, reimbursement, Vulnerable Adults Act and OBRA survey compliance issues. Sam has served as “general counsel” to many of his health care clients, who rely on his administrative abilities to determine the most appropriate and cost-effective way to handle day-to-day matters.
Education
- Capital University, J.D., 1978
- Denison University, B.A., 1974
Bar Admissions
- Minnesota, 1982
- Ohio, 1978
Practice Areas
Representative Experience
- Successfully represented providers before the Minnesota Supreme Court, the Minnesota Court of Appeals and in 1994 negotiated a $4 million recovery from the Minnesota Medicaid program.
- In March of 2000, successfully sought and obtained from the Commissioner of Health a reversal of a VAA neglect determination against a nursing home arising from a bed rail entanglement death.
- In 2001, successfully reversed a $260,000 civil money penalty imposed by CMS against a Minnesota nursing home for alleged past noncompliance.
- Successfully sought and obtained a temporary restraining order in federal court blocking $55.3 million in cuts to home and community-based waivered service providers.
Selected Publications & Presentations
- Panelist, “Critical Issues,” AARM Leadership Conference, September 29, 2011
- “Commissioner Reverses Vulnerable Adults Act Neglect Finding In Nursing Home Stairwell Death,” FredALERT: Aging & Disability Providers, August 2011
- Presenter, “Avoiding and Contesting Maltreatment Determinations,” ARRM Conference, May 18, 2011
- “Regulation and Quality in Health Care,”
- Presenter, “Weathering the Storm: Financially Troubled Senior Service Projects – Factors to Consider When Weighing Closure or Bankruptcy,” Care Providers of Minnesota 2011 Spring Leadership Conference, April 20, 2011
- Presenter, “Fighting State and Federal Audits and Paybacks After Health Care Reform,” Aging Services of Minnesota 2011 Institute, February 10, 2011
- Presenter, “Reduce Legal Liability From Resident Accidents and Injuries,” Aging Services of Minnesota 2011 Institute, February 10, 2011
- Presenter “Reducing the Legal Risks Created by Resident Elopements” and “Preventing Fraud and Abuse Claims After Health Care Reform,” Care Providers of Minnesota 2010 Convention and Exposition, November 15-17, 2010
- Co-Presenter, “Everyone’s a Critic: The Best Practices for Submitting (and Reviewing) Comments on New Administrative Rules,” MSBA Administrative Law Section Meeting, February 25, 2010
- “Beyond the POC: Challenging Government Survey Decisions,” The 2009 Care Providers of
- “Avoiding the Special Focus Facility List,” 2009 Care Providers of
- Presenter, Fredrikson & Byron’s Aging & Disability Providers Webinar, October 28, 2009
- Presenter, “A Governmental Black-Eye or Rave Review?: Understanding CMS’s Five Star Rating System and the Special Focus Facility List,” Fredrikson & Byron Webinar, July 29, 2009
- Co-authored the “
- “The Regulatory Impact on Malpractice & Employment Claims,” Essentia Training Session, April 23, 2009
- “How to Conduct Reliable Internal Investigations,” Care Providers of Minnesota webinar, February 17, 2009
- “Conducting Internal Investigations,” Care Providers of Minnesota’s Dare to Be Great Convention, November 18, 2008
- “Continuing Work Modifying Statewide Waiver Contract,” ARRM CFL/Admin/Operations Meeting, November 12, 2008
- “Avoiding and Handling Resident Litigation and VAA Determinations,” Care Providers of Minnesota, August 20, 2008
Professional Activities
- American Bar Association
- American Health Lawyers Association
- Minnesota State Bar Association, Administrative Law Council
- Ramsey County Bar Association
Honors & Distinctions
- Frequent lecturer on Health Care Law topics for national and local trade associations
- Board of Directors, Association of Residential Resources in Minnesota, 1996-2003; 2005-2011
- Stewardship Council, Lyndale Congregational UCC, 1995-2005
- Served as a member of the 1995 Vulnerable Adults Act Reform Initiative Working Group