David M. Glaser

Shareholder

Email: dglaser@fredlaw.com
Office: 612.492.7143
Assistant: Natasha Kurtzon, 612.492.7607

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PRIMARY SERVICES

Health Care Life Sciences Internal Investigations False Claims Act Defense

Health Care Fraud & Compliance Aging & Disability Providers White Collar & Regulatory Defense

FEATURES

Read more of David Glaser’s articles at RACmonitor

View Minnesota Hospital Association video presentation

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 Care 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

CMS Clarifies 60-Day Report and Return Rule in Final Regulation

February 12, 2016

By David M. Glaser & Katherine B. Ilten

Today CMS published a final rule detailing the duty to report and return overpayments with 60 days of their identification. The “report and return” requirement was adopted by Congress as part of the Affordable Care Act. This final rule is the first regulation from CMS interpreting the statute. The final rule makes it clear that the 60-day period does not begin to run until you have quantified the amount of the overpayment, or, when you should have quantified the overpayment had you been acting diligently. In other words, the 60-day clock does not start to run when you first discover a potential billing problem.

Medicare Providers and Suppliers Should Continue to Appeal Improper Denials, Despite Two Year Delay in Appeal Processing

January 31, 2014

By Katie B. Ilten & David M. Glaser

The Office of Medicare Hearings and Appeals recently informed a number of Medicare providers and suppliers that the already long wait until their “day in court” would get even longer.

New CMS Ruling and Proposed Rule on Inpatient/Outpatient Claims

March 15, 2013

By David M. Glaser

CMS issued a draft copy of two documents, a CMS Ruling and text of a proposed rule.

Major Change to Time Limit on Overpayment Recovery Buried in the Fiscal Cliff

January 1, 2013

By David M. Glaser & Katherine B. Ilten

One provision in the “American Taxpayer Relief Act of 2012,” the “fiscal cliff” bill, received little attention in the press, but will have a major impact on health care organizations.

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
“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
“Health Care Pricing: Establishing Fees, Discounts, Charging Interest & Other Issues,” Fredrikson & Byron Health Law Webinar Series, February 10, 2016
“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
“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
“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
“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
“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

Phi Beta Kappa, National Merit Scholar

Professional Activities

PROFESSIONAL ACTIVITIES

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