Fredrikson & Byron, P.A.

Introduction

David is a shareholder in Fredrikson & Byron’s Health Law Group and helped establish its Health Care Fraud & Compliance Group. David assists clinics, hospitals, and other health care entities negotiate the maze of health care regulations, providing advice about risk management, reimbursement, and business planning issues. He has considerable experience in health care regulation and litigation, including compliance, criminal and civil fraud investigations, and reimbursement disputes. David’s goal is to explain the government’s enforcement position, and to analyze whether this position is supported by the law or represents government overreaching.

Education

University of Michigan Law School, J.D., 1992, cum laude
University of Chicago, B.A., Public Policy, 1988, with honors

Bar Admissions

Minnesota, 1992
Iowa, 1998
Federal District Court, 1992

Practice Areas

Selected Publications & Presentations

Anthroscopy Association of North America (AANA): Presented at nine conferences, topics include: “Practice Management: Update on Coding Ancillary Services and the New Stark Laws,” “Surviving a Government Audit Successfully,” “Addressing Audits: Conventional Wisdom is Often Wrong.” and “Optimizing Your Practice Through New Office Coding Management Strategies”
Iowa Medical Group Management Association (IMGMA): Presented at nine conferences, topics include: “Stark II and HIPAA too, What’s a Clinic Manager to Do,?” “Medicare Myths: Common Misperceptions about Billing Rules,” “10 (or more) Common Coding Problems.” “Can I Keep That? Gifts, Gratuities and Graft,” “Stark Stump Speech and Embezzlement 101,” “Legal Eye for the Felon Guy,” “Dealing with the Government and Private Payors: How to Anticipate and Respond to Audits and Inquiries,” “Medicare Myths,” “Top 10 Things Every Coder Should Know about the Law,” and “What’s Hot in Health Law - ACO’s, Joint Ventures, 855 Enrollment Forms?”
Medical Group Management Association (MGMA): Presented at nine conferences, topics include: “Medicine Compliance” with Attorney James B. Platt; “Medicare Myths: Common Misperceptions about Billing Rules,” “Dispelling Medicare Misperceptions: Many ‘Rules’ are Myths,” “More Myth Management: Fighting Back Against Insurers and Investigators,” “Stark Reality: Issues for Oncology Practices,” “Not Everything is Illegal: Legal Tips to Improve the Bottom Line,” “Audit Risk Factors: What Triggers an OIG Audit,” and “Dealing with the Government and Private Payers: How to Anticipate and Respond to Audits and Inquiries”
Minnesota Medical Group Management Association (MMGMA): Presented at four conferences, topics include: “Avoiding Arson While Igniting Innovation: ‘Hot’ Legal Topic,” “Dear David: Relationship Advice from a Lawyer,” “Regulations Darkening the Way,” and “Relationships with Other Clinics, Hospitals and Drug and Device Companies: What You Can and Can’t Do” (Keynote Speaker)
“Practice Management,” Orthopedics Today, Maui, Hawaii, January 15, 2012
“Innovations in Physician Relationships,” Health Law Webinar In-House Counsel Series: Anticipate Issues and Solve Problems for Your Organization, November 9, 2011
“Creative Approaches for Interacting with the Government,” Health Law Webinar In-House Counsel Series, October 12, 2011
“Voluntary Disclosures: How to Avoid Them When Possible and How to do Them When Necessary,” IHA, Des Moines, Iowa, October 4, 2011
“Physician Relationships with Drug and Device Companies,” Health Law Webinar, September 14, 2011
“Overpayments and Voluntary Disclosures: Staying Compliant Without Paying More Than the Law Requires,” Health Law Webinar Series, July 13, 2011
“Health Care Pricing: Establishing Fees, Discounts, Charging Interest and Other Issues,” Health Law Webinar Series, June 8, 2011
“The Government’s Investigation of Medicare Billing for ICDs is Based on a Flawed Legal Premise,” co-authored with Jesse A. Witten, BNA’s Health Care Fraud Report (reproduced with permission), June 1, 2011
“Relationships with Other Groups, Hospitals and Drug and Device Companies: What You Can and Can't Do,” AAOE, Orlando, FL, May 23, 2011
Panelist, “Drugs, Devices, Money and Medicine: Collaboration or Conspiracy?,” May 18, 2011
“What Should Keep me Awake at Night: Often Overlooked Issues,” OSMO, May 14, 2011
“Antitrust and Health Care Consolidation,” Health Law Webinar Series, March 9, 2011
“New Medicare Rules,” Health Law Webinar Series, December 8, 2010
Co-Presenter, “Preventing Fraud and Abuse Claims After Health Care Reform,” Care Providers of Minnesota 2010 Convention and Exposition, November 15-17, 2010
“The 2011 Medicare Physician Fee Schedule Details the Advanced Imaging Notice Requirement,” FredALERT: Health Law, November 10, 2010
“ACO: What is an Accountable Care Organization and Why Should I Care?,” Health Law Webinar Series, October 13, 2010
“Navigating Medicare Enrollment and Claim Forms: How routine events can get you kicked out of Medicare,” Health Law Webinar Series, September 8, 2010
Speaker, “Recent Developments in Voluntary Disclosure,” HCCA 14th Annual Compliance Institute, Dallas, TX, April 18-21, 2010
“New Medicare/Medicaid Refunding Requirement: Report and Return Within 60 Days of “Identification,” co-authored with Katherine Burkhart, FredALERT: Health Law, April 5, 2010
“Healthcare Reform Law Amends Stark to Create a Notice Requirement for Physicians Providing Certain In-House Imaging Services, Effective Immediately,” co-authored with Katherine Burkhart, FredALERT: Health Law, April 1, 2010
“Health Law Webinar: Compliance Training: Invite your staff to listen in,” Health Law Webinar Series, February 10, 2010
“Clinical co-management agreements. How physicians can be compensated for improving hospital efficiency,” Health Law Webinar Series, November 11, 2009
“Refunds and Voluntary Disclosures: Why You May Not Need to Turn Yourself In,” Health Law Webinar Series, August 12, 2009
Speaker, Health Care Compliance Association’s 2009 Compliance Institute, Las Vegas, NV, April 26-29, 2009
“Health Care Pricing: Establishing Fees, Discounts, Charging Interest, and Other Issues,” Health Law Webinar Series, April 8, 2009
“Legal Strategies and Consideration for Healthcare Facilities,” Minnesota Healthcare & Medical Properties Conference, March 31, 2009
“How Rural Hospitals and Clinics Can Join to Treat Cancer, Heart Disease, and Surgery Centers,” Health Law Webinar Series, March 11, 2009
“What On Earth Will They Think Of Next: Dissecting the New Rules On IDTF’s and Mobile Testing,” Health Law Webinar Series, December 10, 2008
“A RAC: An Audit of Mass Destruction?,” Health Law Webinar Series, November 2008
“Nationwide Kyphoplasty Investigation,” FredNEWS: Health Law, July 2008
“Do I Need to Worry About This? What Coders Need to Know About Conducting Documentation Reviews,” Minnesota Medical Association’s 3rd Annual Coding & Billing Reimbursement Seminar, May 6, 2008
“Medicare Myths and Voluntary Disclosure,” AHLA Institute on Medicare and Medicaid Payment Issues Conference, April 10, 2008
“Stark III,” Concordia/HFMA/ACHE 2008 Spring Healthcare Institute, April 4, 2008
“Legal Strategies for Providing Ancillary Services: An Update on the New Standards and Guidelines” The 7th National Conference on Adding, Updating & Expanding Orthopedic Services for Hospital and Health Systems, March 27, 2008
“Umbrella Mergers:Concepts & Benefits” and “Update on Gain Sharing; What Can Be Done Legally,” Orthopedics Today, Maui, Hawaii, January 13, 2008
“CMS Delays Portions of the Anti-Markup Rule Until January 1, 2009,” FredNEWS: Health Law, December 2007
“Medicare Myths,” Physician Practice Compliance & Conference, Philadelphia, PA, October 4, 2007
“Medicare Myths” and “Rural Joint Ventures,” Arkansas MGMA Conference, Branson, MO, September 28, 2007
“Audit Risk Factors and How To Defend Yourself,” Alaska Medical Group Management Association, Anchorage, AK, September 21, 2007
“Dear David: Relationship Advice from a Lawyer,” Oregon Society of Medical Oncology, Portland, Oregon, July 28, 2007
“Like a Bridge Over Troubled Water: Developing Effective Compliance Plans,” co-authored with Lousene Hoppe, FredNEWS: White Collar & Regulatory Defense, June 2007
“Rural Joint Ventures,” Health Law Webinar Series, April 11, 2007
“Joint Business Ventures: Practice Partnerships That You Can Take to the Bank, Orthopedics Today, April, 2007
“Audits and Inquiries: How to Weather the Storm,” Infectious Diseases Society of America's Clinical Practice Meeting, St. Petersburg, Florida, February 17, 2007
“Legal Billing for Pathology Services,” co-authored with Katherine J. Douglas, Minnesota Medicine, February, 2007
“Umbrella Mergers: How They Can Benefit You, Your Patients and Your Practice,” Orthopedics Today, February, 2007
“A Booster Shot for Your Compliance Plan,” Health Law Webinar Series, January 10, 2007
“Imaging Joint Ventures,” Health Law Webinar Series, December 13, 2006
“The Effect of Certificate of Need Laws,” American Orthopaedic Society for Sports Medicine (AOSSM), Phoenix, AZ, December 1, 2006
“Stark Laws, Safe Harbor and Antikickback Statutes and Their Effects on the Orthopaedic Practice,” American Orthopaedic Society for Sports Medicine (AOSSM), Phoenix, AZ, December 1, 2006
“The Legal Ramifications of Physician-Owned Ancillary Services,” Orthopedics Today NY 2006, November 11, 2006
“Gain Sharing for the Orthopedic Surgeon: What’s Legal and What’s Not,” Orthopedics Today NY 2006, November 11, 2006
“Hospital/Physician Recruitment Agreements,” Fredrikson & Byron Health Law Webinar Series, November 8, 2006
“Gainsharing is Legal When Surgeons Adhere to OIG Guidelines,” Orthopedics Today, November 2006
Keynote Speaker, Lancaster County Medical Society, Lincoln, Nebraska, October 19, 2006
“Dear David-Relationship Advice for the Lawlorn,” KMGMA Conference in Overland, Kansas, September 21, 2006
“What the Government Expects and What you Want,” KMGMA Conference in Overland, Kansas, September 21, 2006
“Medicare Myths - Alaska Medical Group Management Conference,” Anchorage, Alaska, September 15, 2006
“Not Everything is Illegal: Tips to Improve the Bottom Line,” Bones Society, Phoenix, AZ – May 23, 2006
“Stark and Anti-Trust” – Southern Oncology Association of Practices, Washington, DC – April 7, 2006
“Medicare Fraud” – Washington State Medical Oncology Society, Seattle, Washington – March 3, 2006
“They Can Make You Talk - Health Care Reimbursement Fraud” – North Central Medical Conference, Minneapolis, MN – March 4, 2006
“New Guidance Related to the Consultations Codes,” Fredrikson & Byron’s Health Law Flash Focus, January 2006
“Medicare Myths: Not Everything the government says is true” – Washington State Medical Oncology Society, Seattle, WA – November 18, 2005
“Legal Makeover: How Do It Yourself Beats Government Assistance” – SAMON, Bend, Oregon – October 22, 2005
“Audit Risk Factors: What triggers an OIG audit and how you should respond” – Ohio Oncology Society, Columbus, OH – October 7, 2005
“Not Everything is Illegal: Legal tips to improve the bottom line” – Kansas Medical Group Mgmt. Assoc., Topeka, KS – September 23, 2005
“Laws Governing Imaging Services” – American Society for Surgery of the Hand, San Antonio, TX – September 22, 2005
“Medicare Myths: Law or Not” – Association of Community Cancer Centers, Portland, OR – September 14, 2005
“Fighting Back Against Insurance Carriers” – Bones Society, Inc., New Orleans, LA – June 6, 2005
“Laws Governing Ancillary Services” - Arthroscopy Association of NA, Vancouver, Canada - May 13-14, 2005
“Debunking Medicare Myths” - Part I - February 10 and February 17, 2005 - Part II - Live Webcast
“Addressing Audits: Conventional Wisdom is often Wrong” - Arthroscopy Surgery Seminar, Tucson, AZ - January 22, 2005
“Medicare Myths: Stark Laws” - SAMON - Portland, OR, November 2, 2004
“Avoiding Ancillary Angst and Other Compliance Considerations” - IMS - West Des Moines, IA - October 26, 2004
“Medicare Myths: Common Misperceptions About Billing Rules” - MGI Pharma, Inc., Salt Lake City, UT - October 23, 2004
“Conventional Wisdom is Often Wrong,” HFMA, Duluth, Minnesota, August 12, 2004
“Keeping Internal Chart Reviews from Being Used Against You: 11 Useful Strategies,” Journal of Medical Practice Management, July/August 2004
Speaker, “Pricing and Appeals,” Fredrikson & Byron’s Health Law Seminar, July 15, 2004
“Medicare Myths: Common Misperceptions About Medicare Billing Rules,” The Bones Society Conference, Miami, Florida, May 24, 2004
Interacting with Regulators & Physicians, presented with Steve Beck, IHA, Cedar Rapids, IA, October 9, 2003
“Principles of Correct Office & Surgical Coding and Review of Ancillary Services Available to the Practicing Orthopedic Surgeon,” (with Jack Bert), American Osteopathic Academy of Orthopedics, May 2, 2003
“Dispelling Medicare Misperceptions, Many Rules are Myths, Ancillary Services and other Revenue Ideas,” NHMGMA, Manchester, NH, April 9, 2003
“HIPAA Fact and Fiction,” University of St. Thomas, April 7, 2003
“Medicare Myths: Appeals Dos and Don’ts,” EEPC Therapists Association, Chicago, IL, March 3, 2003
“Medicare Audit? You Can Handle It,” Medical Economics, January 24, 2003
“Regulation of Ancillary Services,” Clinics in Sports Medicine 21 (2002) 305-319
“Changes in Medicare's "Incident to" Rules,” Spring 2002
“Making Sure This Good Deed Goes Unpunished,” Winter 2002
“Compliance/Internal and External Investigation and Self-Reporting: How do you separate myth from reality? (Part I and II)” and "HIPAA Confidentiality and Security Rules," Redwood Area Hospital, Redwood Falls, MN, November 6, 2001
“Orthopaedic Coding and Compliance Tips,” Iowa Bones Association, Des Moines, IA, October 26, 2001
“Reimbursement Issues: 2001 Updates,” Preventive Cardiovascular Nurses Association, Dallas, TX, October 20, 2001
“Medicare Myths: Common Misperceptions about Billing Rules,” American Health Lawyers Association/Health Care Compliance Association, Washington, DC, October 2, 2001
“Myths and Realities of Medicare Billing,” ADVANCE for Nurse Practitioners, September 2001
“Using Ancillaries to Increase Practice Revenue,” Arthroscopy Association of North America, Seattle, Washington, April 21, 2001
“Dealing with the Government” and “Stark II New Regulations,” Iowa Orthopedic Society, Des Moines, IA, April 20, 2001
“Understanding and Surviving Medicare Audits,” Minnesota Medicine, December 2000
“Document, Document, Document and Other Medicare Myths,” Health Care Compliance Association, New Orleans, LA, September 25, 2000
“Helping Harried Health Honchos Handle HIPAA Headaches,” Iowa Hospital Association, Ames, IA, June 21, 2000
“Multi-state e-Commerce Medical Practice Issues,” Medical Alley, St. Louis Park, MN, June 8, 2000
“Medicare Compliance: A Toolkit for Peace of Mind,” Minnesota Medical Association and Midwest Medical Insurance Company, in association with the Iowa Medical Society and North Dakota Medical Association, St. Paul, Minneapolis, St. Cloud, Duluth, Mankato, Fargo, Bismarck, Sioux Falls, Omaha and Des Moines, May-September 1999
“What Is a Compliance Program and Why Is It Necessary?,” Towers Perrin, Corporate Compliance Seminar, Chicago, Illinois, May 6, 1999 Atlanta, Georgia, July 22, 1999
“Fraud and Abuse,” North Central Medical Conference Program, Minneapolis, Minnesota, November 7, 1998
“Internal Reviews: Well-Intentioned Chart Reviews are Being Used Against Physicians,” Minnesota Physician, November 1998
“Medicare Billing Compliance,” American Academy of Otolaryngic Allergy, San Antonio, Texas, September 10, 1998
“Medicare Billing Compliance: How the Heck Do We Make This Work?,” MMIC Group Practice Symposium, Brainerd, Minnesota, August 4, 1998
“Fraud Investigations: The Heat Is On,” with John W. Lundquist, Minnesota Medicine, June 1998
“Staying Out of Trouble: Using Compliance Plans to Prevent Allegations of Fraud,” American College of Medical Staff Development, Kansas City, Missouri, March 11, 1998; Clearwater, Florida, April 24, 1998, November 14, 1997; Las Vegas, Nevada, July 18, 1997
“The 11^th Commandment: Thou Shalt Create a Compliance Program,” Iowa Medicine, May-June 1997
“Compliance Programs: Good Preventative Medicine,” Iowa Medical Society and The Association of Iowa Hospitals and Health Systems, Des Moines, Sioux City, Ottumwa, Omaha and Cedar Rapids, March 1997
“Helping a Noncompliant 17-Year-Old Runaway Who May Be Incompetent and Alleges That Her Physician Abused Her, and Other Everyday Problems,” Minnesota/ Dakotas Association of Patient Representatives, May 3, 1996
“500 FBI Agents (coming to a practice near you)” Iowa Medicine, March 1996
“Stark, Self-Referral Law,” Iowa Medicine, December 1995
“400 FBI Agents are Helping the Government Collect Money From People Like You,” Winter 1995
“Focus on Cost Effectiveness: Managed Care Gets Ready for the 1990s,” The Pharmaceutical Executive, April 1989
The InterStudy Edge, a quarterly report on HMO growth, co-authored, 1988 and 1989

Honors & Distinctions

Named a 2005 Rising Star by Minnesota Journal of Law & Politics
Phi Beta Kappa, National Merit Scholar

Community Involvement

Orthopedics Today Business of Orthopedics, Editorial Board Member
Gillette Children's Specialty Healthcare, Board Member

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