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Marion Goldberg is a partner in the firm’s Washington, D.C. office who concentrates her practice in a broad range of health care regulatory matters, including compliance with the Stark law, federal and state anti-kickback laws, Medicare reassignment rules, outpatient prospective payment rules, HIPAA and other privacy rules, e-health, and other requirements.
Ms. Goldberg represents clients in connection with regulatory and corporate health care matters, including structuring and restructuring health care entities to comply with federal and state fraud and abuse laws; formation and structuring of joint ventures, mergers, and acquisitions; contracting with third-party payors and third-party administrators; and other corporate transactions involving health care entities. She also has experience assisting in civil investigations of health care entities with respect to fraud and abuse issues and reimbursement disputes with government and commercial payors. In addition, she has provided counsel to clients in the development and operation of senior living communities.
Ms. Goldberg has represented a wide variety of health care entities, including hospitals and health systems, health care management companies, physician and dental practice management companies, large physician practices, lithotripsy providers, diagnostic imaging companies, ambulatory surgical centers, endoscopy centers, vision service providers, sleep laboratory companies, ambulance companies, pharmacy networks, institutional pharmacies, pharmaceutical companies, disease management companies, continuing care retirement communities, skilled nursing facilities, assisted living centers, medical device manufacturers, e-health and telemedicine providers, and home health companies. A major part of her practice involves counseling ventures with physician investors.
A substantial portion of Ms. Goldberg’s practice is serving as special health care regulatory counsel representing investment banks in equity and debt offerings, advising private equity firms in their investments in health care entities, and advising large lenders in structuring credit facilities.
Activities
Ms. Goldberg is a member of the Health Law Sections of the District of Columbia, Maryland State, and American Bar associations, and served as chair of the Program and Education Committee of the D.C. Bar's Health Law Section. Ms. Goldberg is a member of the American Health Lawyers Association and serves on the Law360 Health Editorial Advisory Board. In addition, she is a member of the board of directors of the Jewish Council for the Aging of Greater Washington and the chair of its bylaws committee.
Education
Ms. Goldberg received a B.A. in Spanish Literature from the University of Rochester and an M.S. in Social Work from the Columbia University School of Social Work. She received a J.D., with honors, from the University of Maryland School of Law in 1995, where she was elected to the Order of the Coif and served as an associate editor of the Maryland Law Review.
Speeches and Publications
Ms. Goldberg wrote “Drugs, Discounts and Safe Harbors” with Thomas L. Mills in Hospitals and Health Systems Rx, published by the American Health Lawyers Association, Winter 2002; “Stark II (Proposed) Regulations Finally Issued” published in the Maryland State Bar Association Bar Bulletin in April 1998; and “Maryland Rule 1-502: A Required Balancing Test Before Impeachment by Prior Criminal Conviction,” 53 Md. L. Rev. 844 (1994).
Ms. Goldberg’s speeches include “Penalties, Prosecutions and Exclusions: Navigating a New Era of Stepped Up Health Care Enforcement,” with Tom Mills and Elizabeth Papez, October 5, 2011; “What’s an ACO? Accountable Care Organizations Under the Medicare Program,” with Tom Mills and Jay Levine, June 20, 2011; “Supercharged Health Care Fraud Enforcement: How to Survive When You Think You Are Doing the Right Thing,” with Tom Mills and Elizabeth Papez, February 9, 2011; “New Health Care Reform Law Fraud Provisions: When the Good Guys Get Swept Up with the Bad,” with Tom Mills, June 3, 2010; “HIPAA with Teeth, New Requirements Under the Stimulus Bill,” with Tom Mills, November 10, 2009; “The Stark Future: New CMS Limits on Physician Ownership of Health Care Services,” with Tom Mills, December 11, 2008; “Stark II, Phase III Implications; Proposed Stark Changes in the 2008 Medicare Physician Fee Schedule,” with Tom Mills, September 26, 2007; “Health Savings Accounts and Medicare Legislation,” update and discussion with Beth Burk, National Health Care Policy Network, ORC Worldwide, August 3, 2004; “Stark II, Phase II, What’s New,” Winston & Strawn Client eLunch with Thomas Mills and Timothy Ayers, April 29, 2004; “HIPAA Privacy: The Final Rules are Out, It's Time to Act,” with Barry Salkin, New York Foreign Banks, November 13, 2003; “HIPAA Privacy Regulations - Myths and Requirements,” Winston & Strawn Client eSeminar, with Thomas Mills and Timothy Ayers, October 2, 2002; “HIPAA 101,” with Mike Melbinger, Brokers’ Risk Placement Service, June 24, 2002; and “Your Practice and the Government — What Does HHS Require From Doctors,” Network for Medical Communication and Research, Medical Oncology Practice Administrators Meeting, April 6, 2002, June 22, 2002; September 2007, presented executive briefing titled, “Health Care Financing — What to Do When a Health Care Business is in Distress.”
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