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 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, 2011-2013

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, "'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