Benesch & Associates, LLC Healthcare Law and ADR

Benesch & Associates, LLC - Healthcare Law

KATHERINE BENESCH was a healthcare administrator and planner prior to becoming a lawyer. Formerly an in-house general counsel at a major tertiary care university teaching hospital, she has practiced healthcare law for more than twenty five years. She has tried cases in state and federal courts, as well as before administrative agencies. Her litigation experience includes trial and appellate work, as well as agency and hospital hearings. As a counselor, she has advised Individual professionals and their practice groups, for-profit and non-profit corporations, life sciences companies, cancer centers, insurance payors and managed care companies, academic medical centers and their faculty members, hospitals, healthcare systems and related entities.

 As an arbitrator and mediator, Ms. Benesch handles many types of cases, including disputes over clinical research trials, pharmaceutical supply and other pharma and life sciences contracting,  reimbursement and recoupment, managed care, hospital-physician relationships, employment and shareholder disputes, False Claims Act, commercial and risk-sharing contracts and issues arising under the Affordable Care Act.

 As a litigator and a counselor, Ms. Benesch has done significant work with physician group practices, hospitals, hospital-physician relationships, credentialing, peer review and professional employment issues, academic medical center acquisitions, joint ventures and governance, state and federal regulatory  and licensing matters, fraud and abuse, including Stark Law, anti-kickback and False Claims Act issues, risk management and professional liability, telemedicine, managed care, complex risk and reimbursement  contracting and research misconduct. This includes the disentanglement of Medicare/Medicaid and private insurance reimbursement and recoupment issues.  

Healthcare is a complex area of the law, and requires familiarity and knowledge of a convoluted set of federal and state statutes, regulations, guidelines and rules, as well as knowledge of state and federal common law, as interpreted by the courts. Judgment is an extremely important attribute of a good healthcare lawyer, as new statutes and regulations are constantly passed and revised, thereby leaving the legal framework for healthcare in flux much of the time. For this reason, experience and reasoned judgment are of paramount importance in making sound decisions related to healthcare law. Benesch & Associates offers services supported by this experience and judgment.