Richard (Rick) Rifenbark relies on his knowledge and experience to help clients identify, avoid, and (when necessary) resolve difficult regulatory compliance issues. He regularly advises clients on health care fraud and abuse laws and other regulatory issues, including the federal anti-kickback statute, stark physician self-referral law, false claims act, state licensing issues, corporate practice of medicine doctrines, and state fraud and abuse laws. Rick also negotiates and drafts transactional agreements, including, merger and acquisition, affiliation, professional services, and management agreements.

Rick’s experience includes: 
  • Conducting health care compliance audits and internal investigations involving Stark and the anti-kickback statute
  • Preparation of OIG advisory opinions 
  • Transactions and regulatory reviews involving substance abuse disorder facilities 
  • Counseling regarding telehealth practice structures and compliance with state licensing requirements, fee splitting laws, and state prohibitions on the corporate practice of medicine 
  • Drafting various types of agreements between hospitals and physicians 
  • Acquisitions of hospitals and medical groups 
  • Conducting health care regulatory due diligence 
  • Advising clients regarding Medicare, Medicaid, and state licensure requirements upon changes of ownership 
  • Advising clients regarding Meaningful Use program and MACRA rules and requirements
  • Testifying as an expert witness regarding California fraud and abuse statutes
Health Care Compliance
  • Representation of a hospital accused of violating the federal Anti-Kickback Statute through its physician recruitment agreements
  • The submission of an advisory opinion to the Office of Inspector General regarding a pay-for-quality arrangement
  • Representation of a skilled nursing facility accused of violating the False Claims Act through its billing practices
  • Representation of a hospital accused of violating the False Claims Act, Stark law, and the Anti-Kickback Statute through its physician contracts
  • Various internal investigations into contractual relationships and joint ventures between hospitals and physicians
  • Representation of a medical group in an appeal of a Medicare overpayment determination
  • Representation of a company in a False Claims Act case involving allegations of off-label marketing of pharmaceuticals
Health Care Transactions
  • Representation of a hospital in its acquisition of a majority interest in an ambulatory surgery center
  • Representation of drug treatment centers in connection with transactions, facility licensure, and other regulatory issues
  • Representation of a hospital system in its acquisition of an academic medical center
  • Representation of a rehabilitation hospital in its sale of substantially all of its assets to a community hospital
  • Advising clients regarding the formation of health care clinics
  • Representation of a hospital in its merger into a large health system
  • Representation of a health system in its disaffiliation from a non-profit hospital
  • Representation of a community health care clinic in its affiliation with another health care clinic
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