Patricia S. Hofstra

Partner

  • Patricia S. Hofstra
  • Phone: +1 312 499 0180

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  • Duane Morris LLP
    190 South LaSalle Street, Suite 3700
    Chicago, IL 60603-3433
    USA

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.

Corporate Governance

Advisor to numerous Not for Profit and For Profit Corporations, Corporate Boards and Partnerships regarding

  • Corporate documents
    • Articles of Incorporation
    • Bylaws         
    • Shareholder Agreements
    • Minutes and Resolution
    • Contracts

  • Conflicts of interest

  • Fiduciary duties

  • Removal of directors

  • Indemnification agreements

  • Reserve powers of parent entities

  • Delegated powers of corporate boards 

  • Authority of corporate boards

  • Compliance Plans

    • 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.

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, 2021-2023
  • 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

Media Hits

  • 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