Patricia S. Hofstra represents a broad range of healthcare clients, helping them with day-to-day legal issues, including corporate matters, mergers, transactions and regulatory compliance.
Advisor to numerous Not for Profit and For Profit Corporations, Corporate Boards and Partnerships regarding
- Corporate documents
- Articles of Incorporation
- Shareholder Agreements
- Minutes and Resolution
Conflicts of interest
Removal of directors
Reserve powers of parent entities
Delegated powers of corporate boards
Authority of corporate boards
Legal and regulatory compliance
- Government audits
- Risk management and litigation
- Corporate and partnership breakups
- Rights and responsibilities of corporation and its members
- Voting rights
- Access to books and records of corporation and partnership
What Makes Patricia Different
I am a creative yet practical problem solver. My purpose is to help my clients get from where they are to where they want and need to be as efficiently as possible. As a former healthcare provider, I know the business of healthcare as well as healthcare law inside and out. I am a trusted advisor to my clients, working both for and alongside them to create optimal outcomes.
- Represented Sports Medicine Fairbanks in the sale of practice to a hospital.
- Represented Arkansas Specialty Orthopedics in a merger with another orthopedic practice.
- Represented emergency medicine group practice in sale of practice to publicly traded entity.
- Represented a physician-owned specialty hospital in sale of 20 percent interest to not-for-profit system.
- Represented a large physician group in merger with competitor.
- Represented a clinical laboratory in the sale of the business for over $100 million.
- Represented an anesthesia group in merger with numerous other anesthesia groups.
- Obtained Stark Advisory Opinion for client.
- Advised client regarding tribal medicine/ Indian Health reimbursement matters.
- Successfully represented clients in alleged EMTALA violations.
- Successfully represented clients in civil investigation demands.
- Successfully represented clients in defending allegations of insurance fraud.
- Successfully represented providers in Medicare/Medicaid, insurance, RAC and ZPIC audits.
- Successfully represented clients in Joint Commission accreditation appeals.
- Successfully represented orthopedic practice in workers compensation and unemployment state tax matter pertaining to independent contractor vs. employee status of physician.
- Successfully represented clients in payor audits, overpayment recoupments and compliance concerns.
- Created clinically integrated network for surgeons.
- Assisted physician practices in corporate reorganizations, drafting compensation agreements, establishing ancillary services, and drafting shareholder and employment agreements.
- Created hospital/physician and other provider joint ventures.
- Assisted large orthopedic practice in establishing a consulting company.
- Created MSOs and GPOs.
- Represented hospital-based physician groups with hospital contract negotiations resulting in additional compensation for groups and terms that the client found favorable.
- Represented hospital in contract dispute with international nurse recruiting agency.
- Represented a physician practice in contract negotiations with Indian Health Service.
- Represented physician practices in contract negotiations with school districts, universities and sports teams regarding team physician and athletic trainer services and advised clients on NCAA team physician obligations.
- Represented providers in breach of contract matters pertaining to non-competes.
- Represented clients in contract termination causes of action.
- Represented clients in telemedicine contracting.
- Drafted medical staff bylaws for numerous healthcare clients.
- Counsel to hospitals, group practices and individual physicians with respect to credentialing and peer review matters.
- Counseled clients regarding physician impairment, physician drug diversion and provider performance matters.
- Successfully represented multiple physicians in specialty board certification appeals.
- Represented clients in on-call and coverage disputes.
- Represented clients before state licensing boards.
- Counsel to IRBs and previous experience as IRB member.
- Drafted new IRB policy manual for hospital client.
- Represented IRBs and principal investigators in research misconduct matters.
Mergers and Acquisitions
Regulatory and Accreditation Matters
Medical Staff and Physician Representation
- Ohio Northern University College of Law, J.D.
- The Pennsylvania State University, B.S.N.
- 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
- 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
- Listed in Best Lawyers in America, 2021-2023
- Listed in Illinois Super Lawyers
- Leading Lawyers, 2008-present
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Board of Directors, SGA Youth and Family Services, 2012-2018
- Board of Directors, Vascular Disease Foundation, 2007-2011
Board of Directors, Jackson Tower Condominium Association, 2008-2015
- Urban Gardening
- Urban Revitalization for Gary, Indiana
- Chapter Author, Legal Issues: The Essential Guide to Coding in Otolaryngology, published 2016
- Author, "California Federal Court Upholds Suspension of Privileges for VA Emergency Room Physician," American Health Lawyers Association, May 1, 2015
- Co-author, "The Federal Government's Heightened False Claims Act Enforcement and Prosecution—Recent Trends and Practical Solutions," Health Care Law Monthly, Volume 2013 Issue No. 9, September 2013
- Author, "Purchasing Technology: A Few Things to Consider," Journal of Medical Practice Management, Fall 2013
- Author, 911 Beware Standard Form Software and Hardware Contracts, American Association of Orthopaedic Executives, Summer 2013
- Editor, Record Management Reference 2013 Edition, Illinois Hospital Association, 2013
- Quoted, "Many Patients Worried Health Plan Will Not Cover ED Visit," Emergency Department Management, February 3, 2022
- Quoted, "Discussions on Patient Care Could Become Discoverable," Emergency Department Management, November 16, 2021
- Quoted, "Protect Your Practice Against Payer Audits with These Preparedness Strategies," Orthopedics Today, September 2018
- Quoted, "Removal of CMS Regulatory Language May Leave Providers Vulnerable on EFT Fees," Healthcare Financial Management Association, April 6, 2018
- Featured in "Ask a Healthcare Lawyer: FAQ Edition," American Association of Orthopaedic Executives, monthly
- Quoted in "Be Careful What You Sign: 5 Tips for Avoiding Hospital Employment Nightmares," Doctors Direct Insurance, Summer 2015
Selected Speaking Engagements
- Speaker, "Annual 2020 Conference," Alaska Medical Group Management Association, Girdwood, Alaska, April 2, 2020
Speaker, "Informed Consent: Far More Than a Signature on a Form," Spine Intervention Annual Meeting, August 17, 2018
- 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