Patricia S. Hofstra

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Patricia S. Hofstra practices in the area of regulatory and transactional health law. Ms. Hofstra helps her clients to avoid and solve problems; understand and comply with legal and regulatory requirements; and manage risk. She writes clear and concise documents that are easily understood by her clients and that meet their needs and expectations, and focuses on practical solutions to simple and complex issues. Ms. Hofstra has diverse experience as a clinician, government attorney, trade association attorney, and in-house legal counsel and in private practice representing a full range of healthcare providers. She understands the clinical, business and legal issues that her clients face on a regular and sometimes extraordinary basis. While she works for her clients, she also works with them.

Ms. Hofstra's clients include physicians and physician practice groups, hospitals, retail medical clinics, ambulatory surgery centers, medical device manufacturers, pharmaceutical companies and other healthcare companies. She has extensive experience in business transactions involving healthcare entities, medical staff matters, government and third-party audits, licensure and regulatory matters, contracting, joint ventures and information technology. She regularly advises clients on fraud and abuse, governance, Stark and regulatory compliance.

 

Representative Matters

  • Drafted medical staff bylaws for all hospitals in a healthcare system.
  • Drafted new IRB policy manual for hospital client.
  • Reviewed and revised medical staff bylaws for hospitals and health systems.
  • Represented clients in specialty board certification appeals.
  • Assisted physician practice in developing a medical tourism service line.
  • Obtained on behalf of a physician a ruling on appeal overturning a termination from the Blue Cross Blue Shield Network (BCBS), and obtained an immediate retroactive reinstatement to the network.
  • Represented emergency medicine group in sale of practice to publicly traded corporation.
  • Represented clinical lab in sale of lab for over $100 million dollars.
  • Represented clients in civil investigation demands from the U.S. Attorney.
  • Represented clients in defending allegations of insurance fraud.
  • Represented clients in alleged EMTALA violations.
  • Negotiated settlements of alleged overpayments to physicians with Medicare, Medicaid and other insurers.
  • Counsel to international prosthetics device manufacturer with respect to regulatory matters.
  • Counsel to Institutional Review Boards and principal investigators.
  • Counsel to university and high school team physicians regarding sports medicine and related concerns.
  • Represented physician-owned specialty hospital in sale of 20 percent interest to not-for-profit hospital system.
  • Represented multiple clients in domestic and international Tricare audits.
  • Counsel to providers in Medicare/Medicaid, insurance, RAC and ZPIC audits.
  • Counsel to providers regarding Stark and fraud and abuse with respect to joint ventures, physician recruitment matters managed care contracts and negotiations.
  • General counsel to several physician group practices.
  • Drafted medical staff bylaws and related documents for numerous hospital clients.
  • Counsel to several hospitals, group practices and individual physicians with respect to credentialing and peer review matters.
  • Represented several physician practices in corporate reorganization, drafting compensation agreements, establishing ancillary services, revising shareholder and employment agreements.
  • Negotiated numerous hospital-based physician contracts for physician and hospital clients.
  • Represented physician practices where physician member of the group was alleged to have diverted and used illegal substances.
  • Successfully represented anesthesiologist before state licensing agency on allegations of impairment and drug diversion and negotiated severance package for physician.
  • Successfully represented orthopedic practice in workers compensation and unemployment state tax matter pertaining to independent contractor vs. employee status of physician.
  • Represented several anesthesia and emergency medicine hospital-based physician groups with hospital contract negotiations resulting in additional compensation for groups and contract terms the client found favorable.
  • Represented several long term care facilities for developmentally disabled in federal and state involuntary discharge proceedings.
  • Assisted large orthopedic practice in establishing a consulting company.
  • Represented hospital in contract dispute with international nurse recruiting agency.
  • Represented clients in on-call and coverage dispute.
  • Advised sports medicine practice regarding NCAA team physician obligations and establishment of athletic training program.
  • Counsel to hospitals and ambulatory surgery centers with respect to accreditation matters.
  • Counsel to major retailer with respect to retail medical clinics.
  • Counsel to Fortune 50 manufacturer with respect to establishment of company based medical services.

Admissions

  • Illinois

Education

  • Ohio Northern University College of Law, J.D.
  • The Pennsylvania State University, B.S.N.

Experience

  • Duane Morris LLP, Partner
  • Bell, Boyd & Lloyd LLC, Partner
  • Adjunct Professor at Governor's State University teaching Master's-level health law
  • St. James Hospital and Health Centers, In-house Counsel
  • Lutheran General Health Care System, In-house Counsel
  • American Hospital Association, Staff Counsel
  • Ohio General Assembly, Ohio Nursing Home Commission, Attorney
  • Various Positions as a Registered Nurse

Professional Activities

  • American Health Lawyers Association
    - Current Member, Past Vice Chair, Medical Staff, Credentialing Peer Review Practice Group
  • Illinois Association of Healthcare Attorneys
    - Current Member, Past President and Board Member
  • Women Business Leaders Foundation, an invitation-only premier network for more than 3,500 senior executive women and women board leaders in the healthcare industry. The message of WBL is: to connect and convene senior executive women from across the healthcare industry to create meaningful cross-sector relationships, expand their leadership and harness their collective power to improve the industry.
  • National Association of Women Lawyers

Honors and Awards

Board Memberships

  • Board of Directors, SGA Youth and Family Services, 2012-present
  • Board of Directors, Vascular Disease Foundation, 2007-2011
  • Board of Directors, Jackson Tower Condominium Association, 2008-present

Personal Interests

  • Urban Gardening
  • Urban Revitalization for Gary, Indiana

Selected Publications

Selected Speaking Engagements

  • Presenter, "Retail Clinics in Healthcare: Overcoming Complex Legal Challenges," Strafford Webinar, March 10, 2016
  • Presenter, "ID Theft: Managing Risk and Controlling Damage," Webinar, January 21, 2016
  • Presenter, "Best Practices for Responding to Government and Commercial Audits and Recoupment Actions," Illinois Association of Healthcare Attorneys, June 11, 2015
  • Presenter, "Retail Clinics in Healthcare: Overcoming Complex Legal Challenges," Strafford Webinar, March 11, 2015
  • Presenter, "Mergers and Acquisitions, Legal and Reimbursement Considerations," 2014 LUGPA Annual Meeting Program, Chicago, November 8, 2014
  • Presenter, "Health Care Arbitration and Peer Review Hearings," American Health Lawyers Association, Chicago, May 1-2, 2014
  • Presenter, "Hospital Employment If I Were Your Counsel and You Were My Client," American Association of Neurological Surgeons, April 2014
  • Presenter, "Mergers and Acquisitions, Reimbursement and Legal Considerations," American Urological Association, December 10, 2013
  • Presenter, "Medicaid Enforcement Update," Illinois Association of Healthcare Attorneys, November 12, 2013
  • Presenter, "Surgeons: The Move from Entrepreneur to Hospital or Health System Employee," Webinar, May 10, 2012