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Sam Orbovich
Shareholder
Email: sorbovich@fredlaw.com
Office: 612.492.7376
Assistant: Jaime Davis, 612.492.7619
Overview
Sam advises, litigates and speaks on the many issues arising under the state and federal laws governing health care providers, including Medicaid, Medicare, the Vulnerable Adults Act and licensing regulations.
With over thirty years of experience in legal issues facing Medicaid and Medicare providers, Sam is an effective advocate and trusted adviser to skilled nursing facilities, HCBS waiver group homes, medical equipment vendors, home health agencies and assisted living facilities, as well as other licensed health professionals. Sam has successfully represented providers before civil trial and appellate courts and federal and state administrative agencies. Clients turn to Sam to help unravel the complexity of state and federal regulations, and to achieve or maintain compliance with those complicated laws. Sam often serves as a general counsel to many of his health care clients, who rely on his legal abilities and advice to determine the most appropriate and cost-effective way to handle challenging situations.
Learn More About Aging & Disability Providers:
How can Medicaid providers best prepare themselves to win disputes against state agencies?
As a provider who serves seniors and persons with disabilities, how can I protect my business against negative or maltreatment findings under the Minnesota Vulnerable Adults Act?
How can an experienced attorney help an aging and disability provider when state or federal agencies have reduced funding or payment for services?
How can aging and disability providers use the expertise of legal counsel when seeking routine advice in important interactions with state agencies, residents, consumers or staff?
What should facilities be thinking about when preparing to discharge or transfer a resident?
Experience
REPRESENTATIVE EXPERIENCE
- Successfully sought and obtained a federal court temporary restraining order blocking $55 million in cuts to home and community-based waivered service providers, and then resolved the litigation by negotiating a settlement.
- On behalf of residential providers and home care agencies, won reversals of state maltreatment determinations that erroneously placed culpability on the provider for serious injuries and death resulting from falls, bed-rail entanglements, medication errors and other circumstances.
- Successfully reversed or negotiated civil money penalties, immediate jeopardy determinations and other survey sanctions imposed by CMS against skilled nursing facilities participating in the Medicaid and Medicare programs.
Articles & Presentations
Commissioner of DHS Rejects DHS $369,979 Extrapolated Overpayment
January 22, 2018
By Sam Orbovich & Catherine E. London
On July 24, 2017, Administrative Law Judge Jeanne M. Cochran of the Minnesota Office of Administrative Hearings issued a recommended order concluding that the Minnesota Department of Human Services is not entitled to recover an extrapolated $369,979.00 from The Lazarus Project, a provider of therapeutic services and support to children with autism.
Read MoreMinnesota Court of Appeals Rejects “Arbitrary and Capricious” Abuse Ruling by DHS
May 23, 2017
By Sam Orbovich & Katherine B. Ilten
On April 17, 2017, the Minnesota Court of Appeals rejected a September 9, 2014, maltreatment ruling by the Minnesota Department of Human Services (DHS) against Meridian Services, a longtime trusted provider of services for persons with disabilities.
Read MorePerhaps the Maltreatment Sky is Not Falling, After All
April 5, 2017
By Sam Orbovich & Katherine B. Ilten
Recent news reports, fueled by official maltreatment intake statistics, have left the public concerned that thousands of Vulnerable Adult Act mandated maltreatment reports are going uninvestigated without good reason.
Read MoreCommissioner Reverses Vulnerable Adults Act Neglect Finding In Nursing Home Stairwell Death
August 1, 2011
By Sam Orbovich
On July 28, 2011, Patricia Winget, the Adviser to the Minnesota Commissioner of Health, reversed a maltreatment determination issued by the Office of Health Facility Complaints (OHFC).
Read MorePUBLICATIONS & PRESENTATIONS
- “Why Can't I Work Here Anymore?: Fighting Employee Disqualifications,” Care Providers of Minnesota, November 2017
- “Avoiding Assisted Living Facility Deficiencies and Setbacks,” Care Providers of Minnesota, November 2017
- “Avoiding Legal Issues That May Impede Innovative Change,” ARRM Annual Conference, June 2017
- “The New Requirements of Participation and Minnesota’s VAA: Protecting Seniors from Abuse, Neglect and Exploitation,” LeadingAge Minnesota Institute, February 2017
- “My Licensing Board Wants to Meet with Me?,” LeadingAge Minnesota Institute, February 2017
- “The Return of the Nursing Facility Rate Appeal,” Care Providers of Minnesota, November 2016
- “How to Communicate with Government Surveyors & Investigators,” Care Providers of Minnesota, November 2016
- “Understanding & Managing the Repercussions from VAA Maltreatment Investigations,” ARRM Annual Conference, May 2016
- “Effective Advocacy in Contested Case Administrative Hearings,” MSBA Admin Law Section, March 2015
- “Certiorari Review of Public Decisions,” MINNCLE Appellate Practice Institute, March 2015
- “Winning the Difficult Discharge or Transfer Appeal,” LeadingAge Minnesota, February 2015
- “Abuse or Accident: Navigating the VAA,” LeadingAge Minnesota, February 2015
- “Reexamining the Private Pay Equalization Law,” Care Providers of Minnesota, November 2014
- “Understanding the Nuances of the VAA,” Care Providers of Minnesota, November 2014
- “Recognizing & Reporting Maltreatment Under the VAA,” Opportunity Partners, June 2014
- “The Impact of Regulation on Quality in Healthcare,” University WI Eau Claire CHAASE, February 2014
Honors & Education
EDUCATION
- Capital University, J.D., 1978
- Denison University, B.A., 1974
BAR ADMISSIONS
- Minnesota, 1982
- Ohio, 1978
- U.S. District Court for the District of Minnesota, 1982
- U.S. Court of Appeals, Eighth Circuit, 1985
HONORS
- Minnesota State Bar Association, North Star Lawyer, 2015
Professional Activities
PROFESSIONAL ACTIVITIES
- Chair, Administrative Law Governing Council, MSBA, 2012-2013
- Board of Directors, ARRM 2013
- Active member of the 1995 Vulnerable Adults Act Reform Initiative Working Group
COMMUNITY
- Stewardship Council, Lyndale Congregational UCC, 1995-2005