Philip H. Lebowitz practices primarily in the area of healthcare law and litigation. Mr. Lebowitz provides regulatory and general counseling to healthcare providers, including hospitals, pharmaceutical and medical device companies, health care consultants, and physicians. His healthcare experience includes litigation and legal counseling regarding antitrust, fraud and abuse, HIPAA and privacy, reimbursement, managed care contracting, specialty hospital development, pharmaceutical and medical device marketing and pricing, False Claims Act, credentialing and privileges disputes, and clinical trial research contracting, compliance and ethical issues. Mr. Lebowitz also represents medical device manufacturers in state administrative proceedings regarding regulations, including workers compensation, affecting the use and reimbursement of device products, and startup healthcare businesses regarding issues posed by physician ownership.

In the healthcare litigation area, Mr. Lebowitz has defended government and qui tam investigations and has represented hospitals and other healthcare providers in litigation against managed care companies regarding reimbursement and other issues. He also has handled breach of contract disputes, certificate of need, electronic discovery and "litigation hold" issues, nonprofit hospital sales to for-profit entities regarding court approval, and other regulatory challenges as well as research misconduct matters. He also has litigated restraint of trade antitrust issues involving hospitals, nursing homes and physician groups.

Mr. Lebowitz has written numerous articles and lectured extensively on healthcare issues. He is experienced in both mediation and arbitration forms of alternative dispute resolution (ADR) and is a member of the Dispute Resolvers panel of the American Health Lawyers Association. He has been designated among the Pennsylvania Super Lawyers in Healthcare Law.

Mr. Lebowitz is admitted to practice in Pennsylvania and several federal district courts and courts of appeals and the United States Supreme Court. He served a judicial clerkship to the Hon. Barbara B. Crabb, Chief Judge, U.S. District Court, Western District of Wisconsin. Mr. Lebowitz is a 1981 cum laude graduate of the University of Wisconsin Law School, where he was a member of the Order of the Coif and a member of the Wisconsin Law Review, a 1975 graduate of Rhode Island School of Design (M.F.A.) and a cum laude graduate of Harvard University.

Areas Of Practice

Healthcare Law
- Managed Care Contracting
- Sale of Physician Practices
- Network Formation
- Special Hospital Formation
- Physician Licensure
- Physician-Owned Healthcare Businesses
- Records Privacy Issues
- HIPAA and Reimbursement Issues
- Anti-kickback and Physician Self-referral Regulation (Stark)
- Joint Negotiations with Third-party Payers
- Antitrust Implications of Joint Ventures
- Pharmaceutical and medical device regulations
- Clinical Research and Human Subject Protection
Healthcare Litigation
- Credentialing
- Contract
- Antitrust
- Fraud and Abuse
- False Claims Act
- Reimbursement
- Privileges Disputes
- Ethics Proceedings

Representative Matters

Counsel to New Jersey hospital awarded Certificates of Need to participate in multi-state performance studies of elective angioplasty procedures without cardiac surgery capability on site. Competing hospitals strongly opposed and appealed the hospital's participation. Affirmed by New Jersey Supreme Court.
Defense Liaison Co-Counsel, In re Orthopedic Bone Screw Products Liability Litigation, MDL-1014 (E.D.Pa), represented key defendant in 5,000 products liability cases.
Lead Counsel, In re EquiMed Securities Litigation (E.D.Pa.) (represented defendant officer/director in action involving health care practice management company)
Lead Counsel, Pennsylvania Psychiatric Society v. Green Spring Health Services, et al., (W.D.Pa.) (represented medical association in action against managed care companies)
Lead Counsel, Merrill Cohen, Trustee v. Douglas Colkitt, M.D., (bankruptcy adversary proceeding) (D.Md.) (represented owner of debtor company and affiliated companies)
Appellate Counsel, Fox Chase Cancer Center v. Shalala (E.D.Pa.) (represented hospital on appeal of adverse ruling regarding payment for cost of graduate medical education)
Lead Counsel, Barnert Hospital v. AmeriChoice of New Jersey (AAA arbitration) (represented hospital in reimbursement dispute with payer)
Litigation counsel, In re Friends Hospital (represented non-profit hospital in hearing regarding sale of assets to for-profit entity).
Appellate Counsel, Cooper Univ. Hospital v. Jacobs (N.J.), represented hospital defending Certificate of Need (CON) against appeal by competing hospital).
Lead counsel, defense of Department of Justice investigation regarding Medicare outlier issue.
Lead counsel, defense of Office of Inspector General (OIG) investigation (represented physician against improper billing allegations involving radiation therapy).
Lead counsel, Besler, Inc. v. Texas Health Resources (S.D. Tex) (represented health care consultant in breach of contract action).
Lead counsel, Vantage Health Plan, Inc v. Glenwood Regional Medical Center (private arbitration) (represented hospital in breach of contract action against managed care company).
Compliance with Corporate Integrity Agreement (CIA) and Integrity Agreement (IA).
Establishment of orthopedic specialty hospital, including corporate, licensing and regulatory issues.
Development and implementation of strategy on behalf of medical device company to change state workers compensation reimbursement regulations.
Due process hearing regarding revocation of staff privileges of surgeon by ambulatory surgery center (ASC).
Appeal to state board of medicine of license revocation due to personal misconduct.
Institution misconduct hearing regarding misrepresentation of data by clinical trial researcher.
Represented hospital and researcher in response to FDA Warning letter regarding off-label use.

Professional Activities

American Bar Association
- Antitrust Section
-- Health Care Subcommittee
- Former Member, Legislation Task Force
- Health Law Section
American Health Lawyers Association
Pennsylvania Society of Healthcare Attorneys

Admissions

Pennsylvania
Supreme Court of the United States
United States Court of Appeals for the First, Third, Fourth, Sixth, Seventh, Eighth and Tenth Circuits
United States District Court for the Eastern District of Pennsylvania
United States District Court for the Eastern District of Michigan
Supreme Court of Pennsylvania

Education

University of Wisconsin Law School, J.D., cum laude, 1981
Harvard University, B.A., cum laude, 1970

Experience

Duane Morris LLP
- Partner, 2002-present
Pepper Hamilton LLP, Philadelphia, Pennsylvania
- Partner, 1991-2002
- Associate, 1982-1991
United States District Court for the Western District of Wisconsin
- Judicial Clerk, Honorable Barbara B. Crabb, 1981-1982

Civic and Charitable Activities

Wallingford-Swarthmore School District
- President, 1993-1995
- Vice President, 1993
- Board of Directors, 1991-2000

Selected Publications

Co-author, "New Case Adopts "Common Sense" Approach to Academic Medical Center Stark Exception," Duane Morris Alert, May 2, 2008
"Orthopedic Surgeons Should Prepare For Scrutiny," Health Law 360, April 8, 2008
"HIPAA Violation May Form Basis for Lawsuit," Health Law 360, March 12, 2007
"Hospital Study May Proceed," New Jersey Law Journal, February 12, 2007
"New Jersey Hospitals Present Unique Outlier Cases," New Jersey Law Journal, July 10, 2006
"Investing in Surgeon-Owned Device Companies: Is It Worth the Risk?" Orthopedic Product News, September/October 2005
"Protecting Privacy and Encouraging Research," Successful Clinical Trials Management, June 2005.
"Opting Out of Aetna's Class Action Settlement," Physician's News Digest, July 2003
"Survey of Provider Litigation Against Managed Care Companies," The Legal Intelligencer, March 5, 2003
"Third Circuit: Physicians May Assert Rights Through Associations," BNA, Inc. Health Plan & Provider Report, Vol. 8, No. 19, May 8, 2002
"Pharmaceutical Marketing Practices - A New Focus of Fraud Enforcement," Journal of Health Care Compliance, Vol. 4, No. 2, March/April, 2002
"Federal Government Eyes Drug Marketing Practices," Northeast Network Healthcare Review (Northern New England), Vol. 15, No. 3, March 19-April 22, 2002; Northeast Network Healthcare Review (Southern New England), Vol. 15, No. 3, March 26-April 30, 2002
"Pricing Pressures: States Take Action," Pharmaceutical Executive, Vol. 22, No. 3, March 2002
"Pharmaceutical Marketing Practices Face New Scrutiny," Healthcare Risk Management, Vol. 24, No. 2, February 2002
"The HIPAA Privacy Rule: Clinical Laboratories Must Comply," American Clinical Laboratory, Vol. 21, No. 1, January/February, 2002
"Questions and Answers About the Prompt Payment Law," Bulletin - Allegheny County Medical Society, January 26, 2002
"Fraud Enforcement of Rx Marketing Practices," Physician's News Digest, Vol. XV, No. 4, January 2002
"Allowing Sales Representatives in the OR Creates New Liability Issues," Medical Products Sales, November/December 2001
"Stark" Reality: Self-Referral Rule Holds Risk and Opportunity," Radiology Management, Vol. 23, No. 5, September/October 2001
"An Overview of the Stark Law," American Clinical Laboratory, Vol. 20, No. 7, August 2001
"Health Insurance Portability and Accountability Act: What It Means to Case Managers," Inside Case Management, Vol. 8, No. 5, August 2001
"Antitrust Issues Regarding Physicians' Response to Increased Malpractice Insurance Rates," Group Practice Journal, Vol. 50, No. 6, June 2001
"The HIPAA Privacy Rule: Its Effect on Diabetes Treatment," Diabetes Technology & Therapeutics, Vol. 3, No. 2, Summer 2001
"Medicare Prescription Drug Dilemma," Managed Healthcare News, May 2001
"Antitrust Issues Confronting Physicians," Vol. XIV, No. 6, Physician's News Digest, March 2001
"Implementing HIPAA Privacy Regulations," ADVANCE HIPAA HQ (Website), March 12, 2001

Selected Speaking Engagements

Panelist, "HIPAA Privacy and Security: Prepare for New CMS and OIG Reviews," Stafford Publications Teleconference, April 15, 2008
Speaker, "Stark Law Update: Phase III Changes," Hospital and Healthsystem Association of Pennsylvania, Audio Conference, November 14, 2007
Panelist, "Are Specialty Hospitals So Special Anymore?" 13th Annual Health Law Institute, March 13-14, 2007
Speaker, "When Clinical Researchers Have Consulting Contracts With Hedge Funds and Other Investment Companies," 12th Annual Health Law Institute, March 15-16, 2006
Speaker, "Exclusive Provider Agreements: Multiple Perspectives," 11th Annual Health Law Institute, March 15-16, 2005
Speaker, "Protecting Privacy and Encouraging Research," HCCA/AHA HIPAA Forum, San Diego, California, December 10-12, 2003
Speaker, "Negotiating Indemnification Clauses for Practical Effect" and Panelist, "Interpreting the Intricacies of Indemnification Agreements," National Conference on Contracting and Negotiating Clinical Trials, Philadelphia, Pennsylvania, April 29-30, 2003
Speaker, "Litigation by Health Care Providers Against Managed Care: Failures & Successes," 9th Annual Health Law Institute, March 12-13, 2003
Speaker, "HIPAA Part I - The Basics; HIPAA Part II - Who's Really Affected by HIPAA?" Advance Magazine, Career Connections and Continuing Education Conference, March 20, 2002
Panelist, "Indemnification Issues: Sponsor, CRO and Site Perspectives," Strategic Research Institute's 9th Contracting & Negotiation Clinical Trials Conference, March 12, 2002
Speaker, "Protection of Human Research Subjects," Pennsylvania Bar Institute's 8th Annual Health Law Institute, March 12, 2002
Speaker, "Issues in Hospital Compliance in Year 2001 (Compliance, Fraud and Abuse Issues)," Pennsylvania Association for Healthcare Quality, Spring Conference, April 20, 2001