Charles Dunham is a business and health care attorney providing counsel in regulatory, corporate, transactional, reimbursement, compliance, and white-collar defense matters. He represents an array of health care providers, suppliers, and other health-related entities with a distinct focus on the clinical laboratory and telehealth industries. He also advises private equity firms and venture capital groups on their investments in the health care industry involving regulatory due diligence reviews of target acquisitions, negotiated transaction documents, and general oversight of such investments with health regulatory compliance.
Charles represents a variety of clients:
- Clinical laboratories and pathology groups
- Telehealth providers and management companies
- Biotechnology and medical device companies
- Hospitals and health systems
- Physician group practices and networks
- Ambulatory surgery and infusion centers
- Post-acute and long-term care providers
Fraud and Abuse. Charles has a depth of experience in fraud and abuse counseling and white-collar defense matters, involving the federal Anti-Kickback Statute (AKS), Physician Self-Referral Law (Stark Law), False Claims Act (FCA), Eliminating Kickbacks in Recovery Act (EKRA) and analogous state fraud and abuse laws. He utilizes this knowledge to advise clients on structuring compliant ownership, financial, and referral arrangements that are consistent with their business goals. He also represents individuals and entities in federal and state government audits, investigations, and enforcement (criminal and civil).
Transactional; Mergers & Acquisitions. Charles represents emerging and established companies on corporate and securities matters, including mergers and acquisitions, public and private securities offerings, equity arrangements, and general corporate matters He also works with management to negotiate and draft professional and executive employment agreements, sales and marketing services agreements, and vendor and supplier agreement.
Health Regulatory; Corporate Compliance. Charles works with a range of health care providers and suppliers to develop and implement strong compliance programs and training seminars to educate directors, officers, employees and agents. This includes counseling on federal and state health regulatory compliance, conducting internal compliance reviews and risk audits, developing and implementing corrective action strategies, drafting a compliance manual with policies and procedures, and conducting training and education sessions. He also advises clients on responding to accreditation organization surveys and government inspections, resolving compliance issues and potential sanctions with regulators, and challenging enforcement actions in administrative hearings.
Credentialing; Reimbursement; Audits. Charles advises on credentialing and enrollment, network participation and managed care contracting, coverage and reimbursement, billing and coding rules, medical necessity and overpayments determinations, and collection of patient responsibility issues. He also represents health care providers and suppliers in commercial payor audits and investigations (SIUs), payment withholds and unilateral recoupment, and civil litigation matters.