Charles Dunham is a corporate healthcare attorney providing counsel in business, regulatory, compliance, reimbursement, 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 laboratory and telehealth industries. He advises private equity firms and venture capital groups on their investments in the healthcare industry, including due diligence reviews of target acquisitions, negotiated contracts, and health regulatory compliance by such investments post-closing.
Charles represents a variety of health care providers and suppliers:
- 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 (civil and criminal).
Mergers & Acquisitions; Transactional. 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 formation and operational matters. He also works with management to negotiate and draft professional and executive employment agreements, sales and marketing services agreements, and vendor and supplier agreements.
Health Regulatory; Corporate Compliance. Charles assists in developing and implementing 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, designing corrective action strategies, drafting compliance manuals with policies and procedures, and conducting training and education sessions.
Government Licensure and Surveys. Charles advises health care providers and suppliers on federal and state licensure and registration requirements to operate and deliver services. He also advises clients responding to surveys and inspections by a government agency or accreditation organization, resolving compliance issues and potential sanctions with government 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 special investigations, payment withholds and unilateral recoupment, and civil litigation matters.