Erin M. Duffy
Partner

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1946
Fax: +1 215 689 4913
Email: EMDuffy@duanemorris.com

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Erin M. Duffy

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Erin M. Duffy concentrates her practice on corporate healthcare regulatory matters. She advises clients, including hospitals, medical practices, pharmacies, long-term care facilities and developmental disabilities facilities, on a wide range of issues, including fraud and abuse, self-referral, Medicare and Medicaid reimbursement, corporate practice of medicine and fee-splitting prohibitions, and certificate of need and licensure issues. She is also experienced in handling healthcare information technology matters, including mobile (MHealth) and electronic health records.

Ms. Duffy is a graduate of Temple University Beasley School of Law and St. Joseph's University.

Areas of Practice

  • Healthcare Law
    - Federal and State Healthcare Licensure
    - Medicare and Medicaid Reimbursement Issues
    - Anti-kickback and Physician Self-referral Regulation (Stark)
    - HIPAA and Privacy Issues
    - Special Hospital Formation and Compliance
    - Physician-Owned Healthcare Businesses
    - FDA and FTC Advertising and Promotional Issues
    - MHealth Technology
  • Healthcare Litigation
    - Fraud and Abuse
    - False Claims Act
    - Reimbursement

Representative Matters

  • Obtained settlement in a complex litigation on behalf of the Hospital and Healthsystem Association of Pennsylvania (HAP) with the Commonwealth of Pennsylvania, in which the Commonwealth agreed to repay or credit to hospitals and physicians $200 million in overpayments of state-mandated assessments intended to finance the Medical Care Availability and Reduction of Error (MCARE) Fund for professional liability claims.
  • Obtained on behalf of the Hospital and Healthsystem Association of Pennsylvania (HAP) a ruling from the Commonwealth Court of Pennsylvania that held that the Pennsylvania Insurance Department had overbilled healthcare providers more than $100 million over three years to fund a program that provides excess coverage for medical malpractice claims under the state's Medical Care Availability and Reduction of Error Act (MCARE).
  • Represented a non-profit health system in acquisition of a for-profit hospital and related ancillary businesses, such as diagnostic imaging, sleep lab, home health and physician practices.
  • Represented a non-profit health system in its divestiture of a for-profit DME subsidiary.
  • Represented a healthcare management company with regard to drafting an assumption of risk and release of liability agreement concerning an application designed to demonstrate rehabilitative exercises and therapies and track patient process.
  • Restructured two physician-owned specialty hospitals and a physician group practice into a unified health care system, including corporate, licensing and regulatory issues.
  • Represented a holding company in the simultaneous acquisition of eighteen skilled-nursing facilities, 5 personal care homes and four home health agencies, including all licensing and regulatory issues.
  • Obtained a complete reversal of a Medicaid Recovery Audit Contractor (RAC) audit alleging that a developmental disabilities company improperly billed for patient days when patients were temporarily hospitalized.
  • Counseled third-party administrator on compliance issues related to state and HIPAA Breach Notification requirements in all 50 states as a result of a data breach involving personally identifiable health information.
  • Conducted internal investigation of a hospital's policies, procedures and employment practices following the arrest of a non-employed physician on sexual abuse charges. (Jane Doe 30, et al. v. Earl Bradley, M.D., et al.)
  • Appellate Counsel, Cooper Univ. Hospital v. Jacobs (N.J.), represented hospital defending Certificate of Need (CON) to participate in elective angioplasty demonstration project against appeal by competing hospital.
  • Counsel, U.S. ex rel. Kite v. Lourdes Health System, et al., (D.N.J.), defense of hospitals regarding allegations of improper receipt of outlier reimbursement from Medicare.

Admissions

  • Pennsylvania
  • New Jersey
  • Supreme Court of the United States

Education

  • Temple University Beasley School of Law, J.D., cum laude
  • St. Joseph's University, B.A., summa cum laude

Experience

  • Duane Morris LLP
    - Partner, 2014-present
    - Associate, 2004-2013

Professional Activities

  • Food and Drug Law Institute
    - Editorial Advisory Board, Food and Drug Law Journal

Honors and Awards

  • Pennsylvania Rising Star, 2011-2014

Board Memberships

  • Academy of Notre Dame de Namur
    - Trustee, 2008-present
    - Member, Finance Committee, 2005-2008

Civic and Charitable Activities

  • Public Interest Law Center of Philadelphia
    - Member, Medicaid Policy Circle

Selected Publications

Selected Speaking Engagements

  • Speaker, "Legal and Technical Perspectives of Recent Topics in Health IT and HIPAA," Philadelphia Bar Association Cyberspace and E-Commerce Committee CLE Program, June 27, 2014
  • Speaker, "'Wait, Is This Money Mine?' Overpayments Under the Affordable Care and Flase Claims Act," The Hospital & Healthsystem Association of Pennyslvania Webinar, January 14, 2014
  • Presenter, "Introduction to Drug Law and Regulation: The Legal Framework for Drug Regulation," The Food and Drug Law Institute, November 7, 2013
  • Speaker, "FDA Regulation of Promotion & Advertising Social Media & Internet, California Healthcare Institute, June 25, 2013
  • Presenter, "Violations and Enforcement," Food and Drug Law Institute's Conference on Introduction to Drug Law and Regulation: The Legal Framework for Drug Regulation, Washington, D.C., April 4, 2013
  • Presenter, "Reimbursement for Subject Injuries in Clinical Trials How to Avoid an 'Adverse Event' to Your Business," FDAnews Webinar, February 20, 2013
  • Presenter, "Introduction to Medical Device Law and Regulation: How the Government Regulates the Medical Device Industry," Washington D.C., March 12, 2012