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Health Law
Life Sciences
Internal Investigations
False Claims Act Defense
FEATURES
Read more of David Glaser’s articles at RACmonitor
View Minnesota Hospital Association video presentation
Overview
Articles & Presentations
Honors & Education
Professional Activities
Overview
David helps clinics, hospitals, and other health care entities negotiate the maze of health care regulations, providing advice about strategy, reimbursement and compliance.
David is a shareholder in Fredrikson & Byron’s Health Law Group and co-founded its Health Care Fraud & Compliance Group. He has considerable experience in health care regulation and litigation, including voluntary disclosures, criminal and civil fraud investigations, overpayments 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.
David is a frequent guest on RAC Monitor’s “Monitor Mondays,” and you may read his Blog at Orthopedics Today. He has given speeches in 36 states.
Articles & Presentations
PUBLICATIONS & PRESENTATIONS
- Orthopedics Today: Presented at 11 conferences, topics include: “Practice Management”; “Umbrella Mergers: Concepts & Benefits”; “Joint Business Ventures: Practice Partnerships That You Can Take to the Bank”; “The Legal Ramifications of Physician-Owned Ancillary Services”; and “Gain Sharing for the Orthopedic Surgeon: What’s Legal and What’s Not.”
- Health Care Compliance Association (HCCA): Presented at more than 25 conferences, topics include: “Identifying Overpayment Liability in Physician Practices”; “Arguments to Avoid/Defend Overpayments”; “Recent Developments in Voluntary Disclosure”; “Document, Document, Document and Other Medicare Myths”; “Criminal and Civil Liability for Overpayments: Correcting Mistakes or Committing Fraud”; “Voluntary Disclosures: Do I Really Need to Give This Back?”; and “Creative Defenses to Potential Overpayments/False Claims.”
- American Association of Orthopaedic Executives (AAOE): More than 18 presentations. Topics include: “Relationships with Other Groups, Hospitals and Drug and Device Companies: What You Can and Can’t Do”; “Not Everything is Illegal: Tips to Improve the Bottom Line”; “Fighting Back Against Insurance Carriers”; “Medicare Myths: Common Misperceptions About Medicare Billing Rules”; “A RAC: Audit of Mass Destruction?”; “Stump the Lawyer: Practical Answers to Common Orthopedic Legal Issues”; “Joint Venturing Without Going to the Joint”; “Audits and Appeals: Challenging Medicare and Other Payors”; and Health Care Pricing: Establishing Fees, Discounts, Charging Interest, Out-of-Network Arrangements and Other Issues.”
- The American Health Lawyers Association (AHLA): Presented at 5 conferences, topics include: “Medicare Myths and Voluntary Disclosure”; “Medicare Myths: Common Misperceptions About Billing Rules”; and “Voluntary Disclosures: Do I Really Need to Give This Back?”
- Oncology Societies: More than 15 presentations at state and national oncology meetings. Topics include: What Should Keep me Awake at Night: Often Overlooked Issues”; “Dear David: Relationship Advice from a Lawyer”; “Medicare Myths: Not Everything the Government Says is True”; “Legal Makeover: How Do It Yourself Beats Government Assistance”; “Audit Risk Factors: What Triggers an OIG Audit and How You Should Respond”; “Medicare Myths: Law or Not”; “Medicare Myths: Stark Laws”; and “Avoiding Ancillary Angst and Other Compliance Considerations.”
- Anthroscopy Association of North America (AANA): Presented at over 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”;“Optimizing Your Practice Through New Office Coding Management Strategies”; “Using Ancillaries to Increase Practice Revenue”; “Laws Governing Ancillary Services”; “Joint Venturing Without Going to the Joint”; and “What Do I Do if There’s an Audit?”
- Medical Group Management Association (MGMA): Presented at over 25 national and state conferences, topics include: “Medicine Compliance”; “Medicare Myths: Common Misperceptions about Billing Rules”; “Voluntary Disclosures”; “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”; “Dealing with the Government and Private Payers: How to Anticipate and Respond to Audits and Inquiries”; “Coding Review 101”; “Avoiding Arson While Igniting Innovation: ‘Hot’ Legal Topic”; “Dear David: Relationship Advice from a Lawyer”; “Do I Need to Worry About This? What Coders Need to Know About Conducting Documentation Reviews”; “Can I Keep That? Gifts, Gratuities and Graft”; and “Embezzlement 101.”
- Midwest Medical Insurance Company (MMIC): Presented more than 20 speeches/webinars on topics including compliance and risk management.
Other Publications & Presentations
- Read RACmonitor articles
- “Revenue Cycle: Incident to Billing,” Complete Healthcare Compliance Manual, 2021 and 2022 Editions
- “Revenue Cycle: The 60-Day Rule – Medicare and Medicaid Overpayments,” Complete Healthcare Compliance Manual, 2021 and 2022 Editions
- “Legal Issues Associated with Medical Coding and Billing,” Fredrikson & Byron Health Law Webinar Series, May 11, 2022
- “Surprise Reprise: No Surprises Act Revisited,” Fredrikson & Byron Health Law Webinar Series, April 13, 2022
- “Responding to Audits and Investigations,” Fredrikson & Byron Health Law Webinar Series, March 9, 2022
- “The 2022 Regulatory Update: Vaccines, Shared Visits, Co-mingled Space and More,” Fredrikson & Byron Health Law Webinar Series, December 8, 2021
- “The “No Surprise Billing” Act: As Clear as We Can Make It,” Fredrikson & Byron Health Law Webinar Series, November 10, 2021
- “The ABCs (and XYZs) of ASCs,” Fredrikson & Byron Health Law Webinar Series, June 9, 2021
- “Physician Compensation in Hospital Systems and Clinics,” Fredrikson & Byron Health Law Webinar Series, May 10, 2021
- “Understanding and Protecting Legal Privileges,” Fredrikson & Byron Health Law Webinar Series, February 10, 2021
- “Interoperability, Provider Relief Funds and More Stark/Anti-Kickback!” Fredrikson & Byron Health Law Webinar Series, January 13, 2021
- “The Annual Regulatory Update,” Fredrikson & Byron Health Law Webinar Series, December 9, 2020
- “Responding to ‘But I heard that’s illegal!’” Fredrikson & Byron Health Law Webinar Series, October 14, 2020
- “COVID-19 Grab Bag,” MSBA Health Law Section Webinar, September 18, 2020
- “Health Law FAQ: COVID-19 and More,” Fredrikson & Byron Health Law Webinar Series, August 12, 2020
- “Health Care Pricing,” Fredrikson & Byron Health Law Webinar Series, May 13, 2020
- “COVID-19 Interim Final Rule: The Sequel,” Fredrikson & Byron Health Law Webinar Series, May 6, 2020
- “Tips for Conducting Interviews During Internal Investigations,” Journal of Health Care Compliance, Volume 22, Number 2, March-April 2020
- “COVID-19 Regulatory Update: The Latest on Waivers,” Fredrikson & Byron Health Law Webinar Series, April 3, 2020
- “Fredrikson & Byron’s Health Law FAQs on COVID-19—What We Know as of March 20, 2020,” Fredrikson & Byron Health Law Webinar Series, March 20, 2020
- “A Practical Guide to Co-Management/Gainsharing/Shared Savings Arrangements and CMS’s Episode-Based Payment Initiatives,” Fredrikson & Byron Health Law Webinar Series, March 11, 2020
- “Regulatory Update,” Fredrikson & Byron Health Law Webinar Series, December 11, 2019
- “Health Law Grab Bag: FAQs for Hospitals and Clinics,” Fredrikson & Byron Health Law Webinar Series, October 16, 2019
- “What to Do When ICE Shows Up at Your Clinic or Hospital,” Fredrikson & Byron Health Law Webinar Series, September 11, 2019
- “Making Sense of the Medicare Manuals,” Fredrikson & Byron Health Law Webinar Series, August 14, 2019
- “Interacting with Government Agents and Other Officials,” Fredrikson & Byron Health Law Webinar Series, July 10, 2019
- “Tips for Conducting Employee Interviews During Internal Investigations,” Fredrikson & Byron Health Law Webinar Series, February 13, 2019
- “2019 Medicare Physician Fee Schedule, OPPS and IPPS Final Rules and Other News, Rules and More,” Fredrikson & Byron Health Law Webinar Series, December 12, 2018
- “Avoiding Unnecessary Refunds: How to Keep Payments to Which You Are Entitled,” Fredrikson & Byron Health Law Webinar Series, October 10, 2018
- “Stark 101,” Fredrikson & Byron Health Law Webinar Series, September 12, 2018
- “Health Law FAQs Answered,” Fredrikson & Byron Health Law Webinar Series, August 8, 2018
- “Preserving Privilege in Investigations,” Fredrikson & Byron Health Law Webinar Series, July 11, 2018
- “’Incident To’, Shared Visits and Other Encounters with Non-Physician Professionals,” Fredrikson & Byron Health Law Webinar Series, May 9, 2018
- “Almost Everything You Want to Know About Ancillaries,” Fredrikson & Byron Health Law Webinar Series, March 14, 2018
- “Love Letters to and from CMS: Responding to Audits and Overpayments and Making Voluntary Refunds,” Law Webinar Series, February 14, 2018
- “2018 Medicare Regulatory Update,” Health Law Webinar Series, December 13, 2017
- “Health Law 101,” Health Law Webinar Series, October 18, 2017
- “Compliance Check-up,” Health Law Webinar Series, September 11, 2017
- “Top Health Law FAQs for Hospitals and Clinics,” Health Law Webinar Series, July 12, 2017
- “Physician Compensation Issues: Why “Survey Says?!” May Be Totally Wrong and More,” Health Law Webinar Series, May 10, 2017
- “New Rules: MIPS, Physician Fee Schedule, Outpatient Rule and More!,” Health Law Webinar Series, December 14, 2016
- “Health Law 101,” Health Law Webinar Series, October 13, 2016
- “Grab Bag: Hot Health Law Topics Presented in a ‘Beach-Read’ Format,” Health Law Webinar Series, August 10, 2016
- “Voluntary Refunds: The 60 Day Rule and More,” Fredrikson & Byron Health Law Webinar Series, June 8, 2016
- “What Hospitals, Physicians, Therapists and SNFS Need to Know about Medicare’s Comprehensive Joint Replacement Program and Gainsharing Too,” Fredrikson & Byron Health Law Webinar Series, March 2, 2016
- “CMS Clarifies 60-Day Report and Return Rule in Final Regulation,” co-authored with Katherine Ilten, FredNEWS: Health Care, February 2016
- “Health Care Pricing: Establishing Fees, Discounts, Charging Interest & Other Issues,” Fredrikson & Byron Health Law Webinar Series, February 10, 2016
- “Effectively Responding to Audits & Investigations,” Minnesota HomeCare Association (MHCA), November 11, 2015
- “The New World Order According to CMS,” Healthcare CXO Summit, Las Vegas, NV, October 19, 2015
- “Update-Healthcare Compliance,” Midwest Oncology Practice Society (MOPS), September 19, 2015
- “Voluntary Refunds and Internal Investigations: Tips, Tricks and Tripwires,” Fredrikson & Byron Health Law Webinar Series, June 10, 2015
- “What Hospitals and Clinics Need to Understand About Ancillaries,” Fredrikson & Byron Health Law Webinar Series, March 11, 2015
- “Peer Review in the Clinic,” Fredrikson & Byron Health Law Webinar Series, January 14, 2015
- “Key Topics from the 2015 Medicare Physician Fee Schedule, OIG Work Plan and Hospital Outpatient Rule,” Fredrikson & Byron Health Law Webinar Series, December 10, 2014
- “Two Midnight Rule and Admission Certifications: Tips, Tricks and Traps,” Fredrikson & Byron Health Law Webinar Series, September 10, 2014
- “Private Insurance Audits: Rarely Sighted But Increasing,” RAC Monitor, August 20, 2014
- “Still More FAQs for Hospitals and Clinics,” Fredrikson & Byron Health Law Webinar Series, August 13, 2014
- “Identifying Overpayment Liability in Physician Practices,” Florida Hospital Association’s 11th Annual Health Care Corporate Compliance Education Retreat, June 20, 2014
- “Do the MACs Need Probe and Educate Audits”,” RAC Monitor, June 19, 2014
- “CGI Form Letter Provides Forum,” RAC Monitor, May 15, 2014
- “Risk of Trusts Data,” RAC Monitor, April 17, 2014· “Drawing Conclusions from the Record, Draws Contention,” RAC Monitor, April 3, 2014
- “Ding Dong, the RACs are Dead? Don’t Get Your Hopes Up,” RAC Monitor, March 20, 2014
- “Medicare Providers and Suppliers Should Continue to Appeal Improper Denials, Despite Two Year Delay in Appeal Processing,” co-authored with Katie B. Ilten, FredALERT: Health, January 2014
- “Two Midnight Rule, Physician Fee Schedule and Other New Medicare Rules for 2014,” Fredrikson & Byron Health Law Webinar Series, December 11, 2013
- “PRRB – The Appeals,” Healthcare Financial Management Association, Minneapolis, November 14, 2013
- “Compliance Plans Revisited,” Fredrikson & Byron Health Law Webinar Series, October 9, 2013
- “Short Stay Update: Medicare’s New ‘Two Midnight Rule,’” Fredrikson & Byron Health Law Webinar Series, August 22, 2013
- “Health Care Pricing: Establishing Fees, Discounts, Charging Interest, Out of Network arrangements and Other Issues,” Fredrikson & Byron Health Law Webinar Series, August 14, 2013
- “Criminal and Civil Liability for Overpayments: Creative Defenses to Potential Overpayments/False Claims,” ABA (American Bar Association) 23rd Annual National Institute on Health Care Fraud, Miami Beach, FL, May 17, 2013
- “New CMS Ruling and Proposed Rule on Inpatient/Outpatient Claims,” FredNEWS: Health Law, March 15, 2013
- “RACs, ZPICs and PSCs: Practical Administrative Tips and Creative Legal Arguments,” Fredrikson & Byron Health Law Webinar Series, March 13, 2013
- Presenter, “Effectively Responding to Government Audits and Investigations,” Aging Services of Minnesota Institute “Expanding the Possibilities,” February 6-8, 2013
- “Major Change to Time Limit on Overpayment Recovery Buried in the Fiscal Cliff,” FredNEWS: Health Law, January 1, 2013
- “Imaging Round-Up: What you need to know to provide imaging and get paid for it,” Fredrikson & Byron Health Law Webinar Series, September 12, 2012
- “Why Documentation Deficiencies Do NOT Automatically Create an Overpayment,” Fredrikson & Byron Health Law Webinar Series, August 8, 2012
- “Medicare Refunds and Reporting Overpayments,” Washington State Medical Oncology Society, May 11, 2012
- “Challenging Short Stay Denials: The arguments RACs don’t want you to know,” Fredrikson & Byron Health Law Webinar Series, May 9, 2012
- “Understanding Medicare’s Supervision, Signature and Order Policies in Clinic and Hospital Settings,” Fredrikson & Byron Health Law Webinar Series, April 11, 2012
- “Compliance Training,” Fredrikson & Byron Health Law Webinar Series, March 14, 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
- “Physician Relationships with Drug and Device Companies,” Fredrikson & Byron Health Law Webinar Series, September 14, 2011
- “Overpayments and Voluntary Disclosures: Staying Compliant Without Paying More Than the Law Requires,” Fredrikson & Byron Health Law Webinar Series, July 13, 2011
- “Health Care Pricing: Establishing Fees, Discounts, Charging Interest and Other Issues,” Fredrikson & Byron 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
- “Antitrust and Health Care Consolidation,” Fredrikson & Byron Health Law Webinar Series, March 9, 2011
- “New Medicare Rules,” Fredrikson & Byron Health Law Webinar Series, December 8, 2010
- “ACO: What is an Accountable Care Organization and Why Should I Care?,” Fredrikson & Byron Health Law Webinar Series, October 13, 2010
- “Navigating Medicare Enrollment and Claim Forms: How routine events can get you kicked out of Medicare,” Fredrikson & Byron Health Law Webinar Series, September 8, 2010
- “Health Law Webinar: Compliance Training: Invite your staff to listen in,” Fredrikson & Byron Health Law Webinar Series, February 10, 2010
- “Clinical co-management agreements. How physicians can be compensated for improving hospital efficiency,” Fredrikson & Byron Health Law Webinar Series, November 11, 2009
- “Refunds and Voluntary Disclosures: Why You May Not Need to Turn Yourself In,” Fredrikson & Byron Health Law Webinar Series, August 12, 2009
- “Health Care Pricing: Establishing Fees, Discounts, Charging Interest, and Other Issues,” Fredrikson & Byron Health Law Webinar Series, April 8, 2009
- “How Rural Hospitals and Clinics Can Join to Treat Cancer, Heart Disease, and Surgery Centers,” Fredrikson & Byron Health Law Webinar Series, March 11, 2009
Honors & Education
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
HONORS
- The Best Lawyers in America, Health Care Law, 2022
- Minnesota State Bar Association, North Star Lawyer, 2018
- Phi Beta Kappa, National Merit Scholar
Professional Activities
PROFESSIONAL ACTIVITIES
- Advisory Board Member, Association for Healthcare Denial and Appeal Management (AHDAM), 2020-present
- Fredrikson & Byron, P.A., Board of Directors, 2009-2013
COMMUNITY
- Editorial Board Member, Orthopedics Today Business of Orthopedics
- Board Member, Gillette Children’s Specialty Healthcare