Nicholas J. Lynn [ Partner ]
Duane Morris LLP
Suite 3700
190 South LaSalle Street
Chicago, IL 60603-3433
USA
Phone: 312.499.6731
Fax: 312.277.6789
Email:
NJLynn@duanemorris.com
Nicholas J. Lynn is the vice chair of Duane Morris' Health Law Practice Group. Mr. Lynn also serves on the management committee in Chicago and is head of the office's health law practice. He focuses his practice on pharmaceutical law, healthcare litigation and regulatory compliance matters.
A registered pharmacist with more than 25 years' experience in healthcare law, he is a former division chief and assistant chief counsel to the Illinois Department of Public Health and served as chief counsel to the Illinois Health Facilities Planning Board. Mr. Lynn is a member of and general counsel to the Illinois Health Care Association. In addition, he is past president of the American Society for Pharmacy Law and a former editor of its publication, Rx Ipsa Loquitur. He currently serves on the Advisory Board of DePaul University College of Law Health Law Institute and on the American Pharmaceutical Association's Pain Management Academy. Mr. Lynn is listed in Chambers USA: America's Leading Lawyers for Business, 2007 edition.
Mr. Lynn is a 1980 graduate of The John Marshall Law School and a graduate of Drake University College of Pharmacy.
Professional Activities
- Registered Pharmacist, Illinois
- American Pharmaceutical Association
- American Society for Pharmacy Law
- President, 1998-1999
- Board of Directors, 1994-1996 - Illinois Council on Long Term Care
- Illinois Health Care Association
--Chair, Legal Task Force
--Member, Managed Care Executive Task Force - Illinois Hospital and Health Systems Association
- Illinois Nursing Home Administrators Association
- Outside General Counsel - Illinois Pharmacists Association
- Life Services Network
- American College of Health Care Administrators (ACHCA)
--Survey Preparedness Consultation Task Group, 2000-2001 - American Health Care Association
- Member, Legal Committee
Admissions
- Illinois
- Supreme Court of the United States
- United States Court of Appeals for the Seventh Circuit
- United States District Court for the Northern, Central and Southern Districts of Illinois
- Supreme Court of Illinois
Education
- The John Marshall Law School, J.D., 1980
Experience
- Duane Morris LLP
- Partner, 1999-present - Holleb & Coff, Chicago, Illinois
- Partner, 1988-1999
- Associate, 1986-1988 - Illinois Department of Public Health, Springfield, Illinois
- Division Chief and Assistant Chief Counsel, 1983-1985 - Illinois Health Facilities Planning Board, Springfield, Illinois
- Chief Counsel, 1984-1985
Board Memberships
- Beverly Farm Foundation - Beverly Farm, a 501(c)(3) non-profit organization, is a planned community designed to enhance the lives of residents with disabilities, develop their life skills, and provide them the required medical care.
- National Association for Continence - NAFC is the world's largest and most prolific consumer advocacy organization dedicated to public education and awareness about the causes, prevention, diagnosis, treatments, and management alternatives for incontinence.
Honors and Awards
- Listed in Chambers USA: America's Leading Lawyers for Business, 2007 edition
- Named an Illinois Super Lawyer for 2006 and 2007
- Listed in Leading Lawyers Network, 2008
Selected Publications
- "Blood Glucose Testing Restrictions Challenged in Class Action Litigation," Long-Term Care Interface, April 2007
- "Convicted Sex Offenders: Ramifications for Long-Term Care," American Health Lawyers Association, Health Lawyers News magazine
- Former Editor, Rx Ipsa Loquitur, publication of the American Society of Pharmacy Law
- "Privacy of Health Information," The Administrator's Advocate (the Illinois Nursing Home Administrators Association newsletter), February, 2001
- "Pharmacists Liability into the Year 2000," Journal of the American Pharmaceutical Association, November 11 and 12, 1998
- "The OBRA Enforcement Regulations -- A Benefit to Resident Care or a Disaster for Providers?" Provider, August 1998
- "Avoiding Malpractice in Today's Litigious Society," America's Pharmacist, June 1998
- "Interrelationship of Federal Fraud and Abuse Statutes," Bender's Health Care Law Monthly, May 1998
- The Orange Book: "Drug Product Equivalence and Pharmacist Liability," ABComm, Inc. & Knoll Pharmaceutical Company, November 1997
- Pharmacy Law Chapter: "Civil Liability and the Pharmacist," University of Illinois, Dr. Paul G. Grussing, June 1997
- "Avoiding Liability Problems," American Pharmacy, December 1995
- "Drug Product Selection in the 1990s -- The Pharmacist's Potential Liability in Providing Cognitive Services," Journal of Pharmacy Practice, June 1995
Selected Speaking Engagements
- Speaker, "Medicare Prescription Drug Plans: How They Affect Long-Term Care"; "Deficit Reduction Act of 2005: Enforcement Trends"; and "Anatomy of A Medicaid Termination Case," Illinois Health Care Association's ("IHCA") 57th Annual Convention and Trade Show, Peoria, Illinois, September 17-20, 2007
- "A Critical Component: The Role of the Pharmacist in Thyroid Disease," Medical Media Communications, Kansas City, Missouri, May 1, 2007
- "A Critical Component: The Role of the Pharmacist in Thyroid Disease," Medical Media Communications, Indianapolis, Indiana, March 8, 2007
- "A Critical Component: The Role of the Pharmacist in Thyroid Disease," Medical Media Communications, Chesterfield, Missouri, March 6, 2007
- "A Critical Component: The Role of the Pharmacist in Thyroid Disease," Medical Media Communications, Tinley Park, Illinois, March 1, 2007
- "Corporate Compliance Review - Update," Tabor Hills Healthcare Center & Retirement Community, Naperville, Illinois, February 8, 2007
- "A Critical Component: The Role of the Pharmacist in Thyroid Disease," Medical Media Communications, Schaumburg, Illinois, November 16, 2006
- "Deficit Reduction Act of 2005 - The Shape of Things to Come", Illinois Nursing Home Administrators Association, November 14, 2006
- "The Medicare Prescription Drug Plan: How It Has and Will Continue to Affect Long-Term Care", Illinois Health Care Association 56th Annual Convention and Trade Show, September 14, 2006
- "Deficit Reduction Act of 2005 - A Must Know for Medicaid-Certified Facilities", Illinois Health Care Association 56th Annual Convention and Trade Show, September 14, 2006
- "It's Not a Crime to Treat Pain: Current Legal and Regulatory Issues in Effective Pain Management", Illinois Health Care Association 56th Annual Convention and Trade Show, September 13, 2006
- "Medicare Part D: It's Not Too Late!" Carriage Healthcare Companies, Inc., Denver, Colorado, April 22-23, 2006
- "Medicare Part D: It's Not Too Late", Illinois Health Care Association, April 11-12, and 19, 2006
- "Treating Convicted Sex Offenders in Nursing Homes: The Problems, Possible Solutions, and Pitfalls," American Health Lawyers Association, Dallas, Texas, February 16-17, 2006
- "Risk Management: Beyond Compliance", Illinois Knights Templar Home, January 26, 2006
- "The New Medicare Prescription Drug Program: Implications to Long-Term Care," Illinois Health Care Association, June 2005
- "Problems Are Closer Than They Appear," Illinois Nursing Home Administrators Association, Bloomington, Illinois, August 19, 2004
- "Corporate Compliance Review - Update", Tabor Hills Healthcare Facility, Naperville, Illinois, July 14, 2004
- "Legal Liabilities Associated with Chemical Restraints," Abbott Laboratories, May 26, 2004
- "Managing Legal Risks for Dispensing Errors," Life Services Network 2004 Annual Convention & Exhibition, Chicago, Illinois, March 31, 2004
- "When a Resident Abuses an Employee," Life Services Network 2004 Annual Convention & Exhibition, Chicago, Illinois, March 31, 2004
- "Legal Issues Impacting Long-Term Care Facilities in Illinois", DePaul University, College of Law, Health Law Institute, Chicago, Illinois, March 9, 2004
- Has served as a featured speaker with all state and several national associations representing the pharmaceutical, nursing home and health care industries.
- "Drug Product Interchange: Liability Consideration and Duty to Warn," Access Medical videoconference, November 20, 2003
- "Going Bare: The Potential Implication of No Insurance Coverage: The Legal and Financial Consequences," presentation to the Illinois Nursing Home Administrators Association, East Peoria, Illinois, November 12, 2003
- "It is Not a Crime to Treat Pain: Current Legal and Regulatory Issues in Effective Pain Management," PharmCon Conference, San Francisco, California, October 23, 2003
- "How to Utilize a Corporate Compliance Program to Combat Health Care Fraud and Abuse and Enforcement Trends" and "Managing Legal Risks for Dispensing Errors," Illinois Health Care Association's 53rd Annual Convention and Trade Show, Peoria, Illinois, September 15, 2003
- "Quality Assurance Studies - Legal Considerations," Illinois Nursing Home Administrator's Association, East Peoria, Illinois, June 25, 2003
- "Medication Management: Clinical & Legal Perspectives" and "Fraud & Abuse Investigation Update: How Have You Fared?" Life Services Network 2003 Annual Convention and Exhibition, Chicago, Illinois, April 10, 2003
- "Understanding Fraud & Abuse and Risk Management," DePaul University, College of Law, Health Law Institute, Chicago, Illinois, March 20, 2003; American Society of Healthcare Food Services Administrators, Chicago, Illinois, April 10, 2003
- "Fraud & Abuse Investigation Update: How Have You Fared?" DePaul University, College of Law, Health Law Institute, Chicago, Illinois, March 19, 2003
- "HIPAA Compliance for Long-term Care Providers," presentation for the Illinois Health Care Association, Springfield, Illinois, July 10, 2002; Mt. Vernon, Illinois, July 11, 2002; Naperville, Illinois, July 16, 2002 and February 25, 2003
- "Pharmacist Liability and Compliance Counseling," presentation to Abbott Laboratories, Chicago, Illinois, January 14, 2003
- "HIPAA: Its Legal Issues and Future Implications" and "Pain Management and Potential Legal Liabilities in LTC," Illinois Nursing Home Administrators Association 2002 Annual Convention and Trade Show, Springfield, Illinois, April 11-12, 2002
- "Managing Legal Risks for Dispensing Errors" and "HIPAA Privacy Standards and HIPAA Compliance," Life Services Network 2002 Annual Convention and Exhibition, Chicago, Illinois, April 10, 2002
- "Legal Issues Impacting Long Term Care Facilities in Illinois," Illinois Nursing Home Administrators Association, East Peoria, Illinois, November 7, 2001
- "Should I Dispense This? Reorganizing Appropriate Pain Management," Pharmcon, Inc., Arlington Heights, Illinois, November 3, 2001
- "Managing Legal Risks for Dispensing Errors," Pharmcon, Inc., Oak Lawn, Illinois, October 28, 2001
- "Advance Directives in 2001 - A Whole New Ball Game," "Illinois Survivor! The Survey," "The Mandates of HIPAA's Health Privacy Standards," Illinois Health Care Association 51st Annual Convention and Trade Show, Peoria, Illinois, September 10, 2001
- "Charting to Stay Out of Court," Dietary Managers Association 41st Annual Meeting, New Orleans, Louisiana, July 23, 2001
- "After All, It's Just a Survey: The Anatomy of a Nursing Home Malpractice Action," Illinois Health Care Association, Springfield/Mt. Vernon/Lisle, Illinois, July 11, 12 and 19, 2001
- "Charting to Stay Out of Court," Illinois Health Information Management Association 48th Annual Meeting and Convention, Springfield, Illinois, June 14, 2001
- "Charting to Stay Out of Court," Health Technologies, Inc., Annual Consultant's Meeting and Seminar, St. Louis, Missouri, May 3, 2001
- "Survey Survival in 2001, Legal Issues Relating to the Dietary Department," Illinois Consulting Dieticians Annual Meeting, Chicago/Willowbrook, Illinois, April 27, 2001
- "Corporate Compliance Programs - Thinking Outside the Box," Life Services Network 2001 Annual Convention and Expo, Chicago, Illinois, April 25, 2001
- "Writing Effective Plans of Correction," American Medical Directors' Association, Atlanta, Georgia, March 15, 2001
- "Pending Litigation: American Society of Consultant Pharmacists, et al v. Patla," Meeting of Association of Indian Pharmacists in America, March 7, 2001
- "Issues for Long-Term and Sub-Acute Care Providers," Illinois Association of Health Care Attorneys, Chicago, Illinois, September 28, 2000
- "Charting to Stay Out of Court," "Informal Dispute Resolution," and "Corporate Compliance Review," Illinois Health Care Association Conference, Springfield, Illinois, September 11-13, 2000
- "Impact of the Balanced Budget Act on Long Term Care and Senior Services," Our Lady of Resurrection Medical Center, Chicago, Illinois, August 23, 2000
- "OIG's Corporate Compliance Guidance for Nursing Facilities," Illinois Nursing Home Administrator's Association (INHAA), Peoria, Illinois, August 16-17, 2000
- "New State Operations Manual and Fraud & Abuse Implications," Illinois Health Care Association, Springfield, Illinois, June 27, 2000, Mount Vernon, Illinois, June 22, 2000, Napperville, Illinois, July 6, 2000
- "Pharmacist Liability and Compliance Counseling," Knoll Pharmaceutical Company (MPhA Pharmacists), Ocean City, Maryland, June 13, 2000
- "Legal Pitfalls to Avoid in a Long Term Care Practice," Illinois Chapter of the American Society of Consultant Pharmacists, Bloomington, Illinois, June 2, 2000
- "Corporate Compliance for Nursing Homes," Illinois Healthcare Association, Naperville, Illinois and Mt. Vernon, Illinois, May 23 and May 25, 2000 respectively
- "Impact of the Balanced Budget Act on Long Term Care and Senior Services," Resurrection Medical Center, Chicago, Illinois, May 10, 2000
- "Health Care Fraud and Abuse," Life Services Network Annual Conference, Chicago, Illinois, April 11, 2000
- "Corporate Compliance Programs," Illinois Nursing Home Administrator's Association, Springfield, Illinois, April 11, 2000
- "Legal Liabilities for Off-Label Indications for Prescription Drug Use," Drug Information Association of America, Washington, D.C., April 7, 2000
- "Pharmacist Liability and Compliance Counseling," District of Columbia Pharmacy Association, Washington, D.C., March 23, 2000
- Illinois Nursing Home Administrators' Association, mock hearing addressing Healthcare Fraud and Abuse, Corporate Compliance and Labor and Employment Law Issues, Springfield, Illinois, February 15, 2000
- "New Case Law Developments and Trends," American Society for Pharmacy Law, Chicago, Illinois, November 10, 1999
- "Corporate Compliance Programs and How To Minimize Liability," Corporate Compliance in the Business Office, Consulting Management Education, Kansas City, Missouri, November 5, 1999
- "Surviving PPS: New Survey Protocols and the OBRA Enforcement Process," Oakton Community College Continuing Education Seminar for Nursing Home Administrators, Des Plaines, Illinois, September 22, 1999
- "Legal Issues Regarding Third Parties in Managed Care," St. Louis College of Pharmacy, Saint Louis, Missouri, September 21, 1999
- "New Survey Protocols and the OBRA Enforcement Process," Illinois Health Care Association, Macomb, Illinois, August 26, 1999
- "OBRA Enforcement Regulations and Health Care Fraud and Abuse," Illinois Nursing Home Administrators' Association, Springfield, Illinois, August 18, 1999
- "How Facilities Defend Themselves: The Application and Interpretation of the OBRA Enforcement Regulations," Illinois Health Care Association, Mt. Vernon, Springfield and Naperville, Illinois, July 20, 21 and 28, 1999

