Erin M. Duffy


  • Erin M. Duffy
  • Phone: +1 215 979 1946
    Fax: +1 215 689 4913

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

Erin M. Duffy is vice chair of the firm's Health Law Practice Group. Ms. 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

  • Represented Piramal Group in its acquisition of a drug manufacturing and development facility in Pennsylvania.

  • Represented a Wisconsin pathologist physician group practice with respect to a payor aggressively seeking to recoup purported overpayments made to the group, resulting in the payor not recovering the overpayments.
  • Counsel to statewide classes of pathologists in Illinois, Texas and Tennessee asserting class action claims in three separate class action arbitrations against health insurance companies arising out of improper reimbursement for the professional component of clinical pathology services provided to beneficiaries enrolled in the insurer’s health care plans.
  • Represented a Missouri pathology group in litigation with payor in dispute over the billing of the professional component of clinical pathology services, which resulted in the client obtaining a $3 million settlement.
  • Represented a Florida physician group practice with respect to a payor aggressively seeking to recoup purported overpayments for the professional component of clinical pathology services made to the group, resulting in the payor recovering considerably less than the amount it initially sought.
  • Represented 22 physician group practices in a dispute with a payor regarding the payor’s failure to compensate the group practices for the professional component of clinical pathology services.
  • Represented a Missouri pathology group in a dispute with a payor over the billing of the professional component of clinical pathology services, resulting in the payor agreeing to sign the previously negotiated and abandoned participation agreement.
  • Represented Hunterdon Healthcare in its joint partnership with Atlantic Health System, home to seven award-winning New Jersey hospitals.
  • Represented Texas Hospice Holdings, LLC, a multi-state hospice facility operator, in connection with the sale of all of its outstanding equity to Amedisys Inc., a publicly-held hospice company.
  • Represented Iroko Pharmaceuticals, LLC in connection with a $140 million secured loan facility with CRG, a healthcare investment fund, and the simultaneous pay-off of Iroko's loan facility with another lender.
  • Obtained on behalf of a physician a decision relieving the client of a demanded $700,000 in Medicare overpayment obligation under the Centers for Medicare & Medicaid Services (CMS) Victimized Provider Project and Safeguard Services (SGS), a Medicare program integrity contractor.
  • Representing Virtua Health Inc. and Capital Health System Inc. in a case against the state of New Jersey, seeking to hold unconstitutional as "special legislation" a law that transfers the right to provide emergency medical services from Virtua and Capital to other hospitals without regard to the established regulatory structure.
  • Obtained summary judgment on behalf of Virtua Health, Inc., a health system of four hospitals in southern New Jersey, against Deborah Heart and Lung Center, a specialty hospital in southern New Jersey, in federal antitrust litigation in which the court held Deborah failed to show any adverse effect on competition in the market.
  • Represented a national pharmacy in a transaction which granted an option to a strategic to purchase the business for an aggregate purchase price of $230 million.
  • 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 18 skilled-nursing facilities, five 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.


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


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


  • 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

  • Presenter, "Healthcare & COVID-19: From Mandatory Vaccination Issues to Telehealth Contracting," Duane Morris COVID-19: Navigating Forward Webinar Series, March 16, 2021
  • Co-presenter, "Methodology for Damages Calculation: A Provider-Insurer Case Study," ABA Health Law Section Emerging Issues in Health Care Virtual Conference, March 11, 2021
  • Panelist with AdvaMed, "COVID-19 and the Medtech Industry Response," Philadelphia Alliance for Capital and Technologies (PACT) Virtual Event, April 23, 2020
  • Panelist, "Population Health: Why Care Management is Good Business," PACT Digital Health, Philadelphia, November 20, 2019

  • Panelist, "The Impact of Changing Payment Models on Private Equity Investments in Health Care," Duane Morris LLP and Parthenon-EY event, New York, February 10, 2016
  • 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 False 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