Patricia S. Hofstra

Representative Matters

Mergers and Acquisitions

• 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.

Regulatory and Accreditation Matters

• 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.

Corporate Representations

• 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.

Contracts

• 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.

Medical Staff and Physician Representation

• 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.

Research

• 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.

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

• Listed in Best Lawyers in America, 2021 and 2022
• Listed in Illinois Super Lawyers
• Leading Lawyers, 2008-present
• AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Board Memberships

• 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

Personal Interests

• Urban Gardening
• Urban Revitalization for Gary, Indiana

Selected Publications

• 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

Media Hits

• 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