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Jacob J. Harper

アソシエイト

jacob.harper@morganlewis.com

Washington, DC 電話 +1.202.739.5260 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

Jacob Harper advises stakeholders across the healthcare industry, including hospitals, health systems, large physician group practices, practice management companies, hospices, chain pharmacies, manufacturers, and private equity clients, on an array of healthcare regulatory, transactional, and litigation matters. His practice focuses on compliance, fraud and abuse, and reimbursement matters, self-disclosures to and negotiations with OIG and CMS, internal investigations, provider mergers and acquisitions, and appeals before the PRRB, OMHA, and the Medicare Appeals Council.

Jake assists his clients in navigating Medicare, Medicaid, and state law requirements, as well as resolving issues with the US Department of Health and Human Services' Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services. He also negotiates corporate integrity agreements and counsels clients on other OIG issues, including exclusions, civil monetary penalties, and voluntary self-disclosures. Jake has assisted many clients in developing and enhancing effective compliance programs and providing external perspective into potential compliance concerns. Jake regularly represents clients before federal and state agencies on overpayment recoupment efforts, sanctions, and healthcare permitting/licensure questions. In addition, Jake advises hospitals, telehealth companies, and other industry stakeholders on the evolving regulatory, licensing, and reimbursement issues surrounding the practice of telemedicine.

Before joining Morgan Lewis, Jake served as a law clerk at OIG and as a senior litigation paralegal at a national healthcare law firm, where he focused on fraud, abuse, and reimbursement matters. He is also a Certified Medical Reimbursement Specialist through the American Medical Billing Association.

While attending law school, Jake was editor-in-chief of the Health Law & Policy Brief and the business and marketing editor for the American University Business Law Review.

受賞・所属

Recognized, “Ones to Watch,” Health Care Law, Washington, DC, The Best Lawyers in America (2022)

Associates to Watch, Healthcare, District of Columbia, Chambers USA (2021, 2022)

Recommended, Industry focus: Healthcare: service providers The Legal 500 US (2021)

Named, Modern Healthcare’s “Largest Healthcare Firm” (2016–2021)

Enforcement Committee, Fraud and Abuse Practice Group, American Health Lawyers Association

Social Media Committee, Fraud and Abuse Practice Group, American Health Lawyers Association

弁護士登録

  • District of Columbia
  • Maryland

学歴

  • 2013年 American University Washington College of Law (J.D.)
  • 2007年 Middlebury College (B.A.)

セクター

  • ライフサイエンス
  • ヘルスケア
  • デジタルヘルス

取扱分野

  • 訴訟、法規制、及び調査
  • ヘルスケア関連訴訟、及び規制に関するカウンセリング
  • ヘルスケア関連の取引

地域

  • 北米

イベント

5/26/2022 - Digital Health and Patient Care Management: RPM, CCM, and the Future of Healthcare
3/23/2022 - AHLA's Institute on Medicare and Medicaid Payment Issues 2022
3/21/2022 - Weatherbee Resources Virtual Hospice Regulatory Boot Camp – March 2022
2/24/2022 - Fast Break: Risk Adjustment and Liability
1/27/2022 - Fast Break: DOJ Civil Cyber-Fraud Initiative and Implications for the Healthcare Industry
1/1/2022 - Fast Break Webinar Series
12/16/2021 - Fast Break: 2021 Year in Review
12/1/2021 - CMS Mandatory COVID-19 Vaccination Rule: What Does the Future Hold?
11/30/2021 - Fast Break: Compliance Topics for Healthcare Professionals Interacting with Pharma/Device Manufacturers
9/16/2021 - Fast Break: Vaccine Mandates – Latest Developments and Best Practices
9/13/2021 - Weatherbee Resources Virtual Hospice Regulatory Boot Camp – September 2021
8/24/2021 - Fast Break: CMS Telehealth and RPM Updates
7/22/2021 - Fast Break: Fourth Circuit AKS Case Enforcement Analysis
6/9/2021 - CTeL Digital Health Summit - Spring 2021
5/27/2021 - Fast Break | Digital Health Update: What’s New in 2021
4/27/2021 - Fast Break: Returning to Work
3/31/2021 - Fast Break: HIPAA Enforcement Case Analysis – MD Anderson Cancer Center v OCR
3/24/2021 - AHLA's Institute on Medicare and Medicaid Payment Issues
3/8/2021 - Weatherbee Resources Virtual Hospice Regulatory Boot Camp – March 2021
3/4/2021 - Telemedicine Webinar Series Part I: Legal and Regulatory Issues in Telemedicine
2/25/2021 - Fast Break: Regulatory Sprint to Coordinated Care
1/28/2021 - Fast Break: Hot Topics in Healthcare M&A
12/17/2020 - Fast Break: A Year in Review 2020
12/14/2020 - Weatherbee Resources Hospice Regulatory Virtual Boot Camp – December 2020
12/1/2020 - CTeL Digital Health Summit – Fall 2020
11/12/2020 - Fast Break: Telehealth Fraud
11/11/2020 - American Health Lawyers Association AHLA Fundamentals of Health Law
9/30/2020 - Fast Break: Telehealth Update
8/25/2020 - Fast Break: Managing COVID-19 Fraud Enforcement
7/22/2020 - Fast Break: Global Healthcare Privacy during COVID-19
6/29/2020 - AHLA's Virtual Annual Meeting 2020
6/23/2020 - Fast Break: Elective Procedures
6/1/2020 - Telehealth: COVID-19 Pandemic Unleashes New Practice Modality
5/21/2020 - Fast Break: Digital Health Update – Current Market and Regulatory Trends for Digital Health Technologies
4/14/2020 - COVID-19 Healthcare Provider Update Webinars
4/2/2020 - Fast Break: COVID-19
3/24/2020 - COVID-19 Healthcare Provider Updates: Medical Waivers
3/17/2020 - Fast Break: Medicare Suspensions
2/27/2020 - Fast Break: Labor Issues In The Healthcare Industry
1/28/2020 - Fast Break: Allina
1/22/2020 - 2020 Telemedicine Webinar Series, Part I: Telemedicine Legal and Regulatory Issues
12/18/2019 - A Fast Break Year in Review
11/20/2019 - Fast Break: Regulatory Sprint Part 2
10/30/2019 - Fast Break: Regulatory Sprint Part 1
9/26/2019 - Fast Break: Aseracare
8/22/2019 - Fast Break: Physician Fee Schedule Update
7/30/2019 - Fast Break: FCA Hardball
6/27/2019 - Fast Break: DOJ Compliance Guidance
6/13/2019 - CTeL Executive Telehealth Summit Spring 2019
5/22/2019 - 2019 Technology May-rathon: Advancements in Telehealth Law
5/16/2019 - Fast Break: Digital Health Regulatory Update – FDA’s Evolving Policies for Artificial Intelligence and Other Digital Health Technologies
4/25/2019 - Fast Break: Health Tech Startups
3/21/2019 - Fast Break: Radioactive Material
2/21/2019 - Fast Break: GDPR
1/24/2019 - Fast Break: 2019 OPPS Rule
12/18/2018 - Fast Break: Holiday Gifts
12/4/2018 - CTeL Executive Telehealth Fall Summit 2018
11/27/2018 - Fast Break: Congressional Midterm Elections
10/31/2018 - 2018 AHLA Telemedicine Webinar Series
10/18/2018 - Fast Break: Stark Lessons II – Hospital-Physician Arrangements
9/25/2018 - Fast Break: Telehealth and Medicare's New Virtual Check-In
8/23/2018 - Fast Break: Stark Lessons for Physician Practice Acquisitions
7/26/2018 - Fast Break: DOJ ‘No-Poaching’ Agreements in Healthcare
6/21/2018 - Fast Break: Self-Disclosures
6/14/2018 - CTeL Executive Telehealth Summit Spring 2018
5/22/2018 - Fast Break: ADA Accommodation Compliance
5/8/2018 - 2018 Technology May-rathon: Still Being Paved: Rules of the Road for Telehealth
4/25/2018 - Fast Break: The Wild West of Health Insurance Coverage Litigation
3/28/2018 - Fast Break: Healthcare Blockchain
3/26/2018 - Weatherbee Resources Hospice Regulatory Boot Camp – March 2018
3/14/2018 - OIG and CMS Voluntary Self Disclosures: Weighing the Risks and Rewards of Self Reporting
3/7/2018 - Fair Market Value in Hospital and Physician Transactions: Complying With Anti-Kickback and Self-Referral Laws
2/21/2018 - Fast Break: Handling Sensitive Patient Records
1/17/2018 - Fast Break: Congress and Healthcare
12/20/2017 - Fast Break: Medicare Appeals
11/30/2017 - Fast Break: Medicare Audits
11/30/2017 - CTeL Executive Telehealth Summit Fall 2017
10/26/2017 - Fast Break: False Claims After Escobar
9/28/2017 - Fast Break: Healthcare Reform Update
8/31/2017 - Fast Break: ERISA
7/27/2017 - Fast Break: New Considerations in Negotiating CIAs
6/22/2017 - Fast Break: Security Breach Crisis Response
6/14/2017 - HCN Weatherbee Resources Webinar – What a Federal Prosecutor Really Thinks about your Compliance Program
5/23/2017 - Fast Break: Changes in Washington – Impact on FDA and Medical Devices
4/20/2017 - Fast Break: E/M Coding
3/29/2017 - AHLA Institute on Medicare and Medicaid Payment Issues 2017
3/23/2017 - Fast Break: What a Federal Prosecutor Really Thinks About Your Compliance Program
2/28/2017 - Fast Break: Government Enforcement of Individual Accountability
1/31/2017 - Fast Break: 21st Century Cures
12/15/2016 - Fast Break: MACRA
11/16/2016 - Fast Break: Healthcare Investments
10/25/2016 - Fast Break: Telehealth
8/10/2016 - Weatherbee Resources HCN Webinar Series: Corrective Action and the Self-Disclosure Protocol
6/8/2016 - Weatherbee Resources HCN Webinar Series: Monitoring the OIG’s List of Excluded Individuals and Entities (LEIE)
5/10/2016 - 2016 Technology May-rathon: The Healthcare Regulatory Landscape for Telehealth
2/23/2016 - CMS Finalizes 60 Day Overpayment Rule

ニュース

6/21/2022 - Potential Next Steps for DOJ's COVID-19 Fraud Enforcement, Law360
6/20/2022 - How Telehealth Legislation Will Evolve during the Pandemic & Beyond, HealthcareExecIntelligence 
6/20/2022 - Podcast: Part One: Tracking Telehealth Legislation at the Federal, State Levels, Healthcare Strategies
1/17/2022 - What 2022 Could Have in Store for Laws Governing Telehealth, Xtelligent Healthcare Media
1/10/2022 - Top Trends in Healthcare Technology, Cybersecurity in 2022, HealthcareExecIntelligence
12/6/2021 - Telehealth Visits Increased 63-Fold for Medicare Patients, According to HHS Study, MedCity News
7/14/2021 - CMS Proposes to Cover Mental Health Virtual Visits Through 2022, MedCity News
4/1/2021 - Telemedicine Law Changes Confusing, but Waivers Protect During Pandemic, Healthcare Risk Management
3/11/2021 - The Defining Pandemic Moments For Health And Life Sci Attys, Law360
12/3/2020 - Next Steps for Telehealth Require Congressional Action, Experts Say, Modern Healthcare
8/13/2020 - Telehealth's Post-Virus Power in Doubt as Virtual Visits Decline, Bloomberg Law
6/4/2020 - How to Address Telehealth Pay Gaps Once COVID-19 State Emergency Orders End, Becker's Hospital Review
6/4/2020 - Telehealth Pay Gaps Loom After Virus When State Orders Expire, Bloomberg Law
3/30/2020 - $2 Trillion Stimulus Bill, Other COVID-19 Measures Unleash Telehealth; Codes May Confuse, Report on Medicare Compliance
10/9/2019 - HHS Unveils Plan for Kickback, Stark Law Changes, Law360
10/29/2018 - Provider Settles 60-Day Rule Case; Contractor Letters Now Include Refund Obligations, Report on Medicare Compliance
10/10/2018 - Doctors Give Medicare’s Proposal To Pay For Telemedicine Poor Prognosis, Kaiser Health News
10/6/2018 - Three Pieces of Healthcare Legislation to Watch, Managed Healthcare Executive
3/27/2017 - Morgan Lewis Advises New Vista Behavioral Health in Acquisition of Avalon Malibu
6/3/2015 - Morgan Lewis Healthcare Team Pens Chapter on Hospice Regulations in BNA Compliance Guide
5/12/2014 - Morgan Lewis Advises Varsity Healthcare Partners on Acquisition of Katzen Eye Group

著書・論文

5/4/2022 - Physician Practice Management Company Settles False Claims Act Allegations for $24.5 Million
4/21/2022 - DOJ Announces New COVID-19 Fraud Takedown – But Will It Expand Enforcement to More Complex Schemes?
4/6/2022 - OIG Launches New Resource Page Featuring Telehealth
3/15/2022 - February Fast Break Recap: Risk Adjustment and Liability
2/24/2022 - Digital Health Trends to Watch in 2022
1/14/2022 - Supreme Court Reimposes Stay on OSHA Emergency Temporary Standard, Allows CMS Rule to Go Forward
12/7/2021 - November Fast Break Recap: Compliance Topics for Healthcare Professionals Interacting with Pharma/Device Manufacturers
11/12/2021 - CMS PFS Emphasizes Health Equity via Payment Policy Updates
9/23/2021 - September Fast Break Recap: Vaccine Mandates – Latest Developments and Best Practices
9/9/2021 - August Fast Break Recap – CMS Telehealth and RPM Updates
7/27/2021 - July Fast Break Recap: Fourth Circuit AKS Case Enforcement Analysis
7/20/2021 - Tele-Tuesday: CMS Keeps Its Foot on the Gas for Telehealth, RPM
7/8/2021 - Register for Our July Fast Break: Fourth Circuit AKS Case Enforcement Analysis
5/4/2021 - April Fast Break Recap: Returning to Work
4/13/2021 - March Fast Break Recap: HIPAA Enforcement Case Analysis – MD Anderson Cancer Center v. OCR
3/30/2021 - Tele-Tuesday: A Turbulent Year of Telehealth
3/11/2021 - Recap on Our February Fast Break: Regulatory Sprint to Coordinated Care
3/2/2021 - Tele-Tuesday: OIG Clarifies Stance on Telehealth Fraud Scrutiny
12/9/2020 - LawFlash: HHS Expands PREP Act Liability Immunity
12/8/2020 - HHS Expands PREP Act Liability Immunity
11/24/2020 - HHS Regulatory Sprint Crosses the Finish Line: New Stark and Anti-Kickback Rules Forecast Big Changes for Patients and Value-Based Care
10/20/2020 - Tele-Tuesday: DOJ National Healthcare Fraud Takedown Targets Telehealth – But Should DOJ’s Focus Be Elsewhere?
8/20/2020 - Register Now: Fast Break: Managing COVID-19 Fraud Enforcement
June 25, 2020 (Updated August 13, 2020) - Telehealth Use Surges Around the World Amid COVID-19
8/4/2020 - Tele-Tuesday: Executive Order Signals Increased Support for Telehealth Expansion
7/21/2020 - COVID-19 Brings Surge in Telehealth Use Around the World
7/14/2020 - LawFlash: Staying Within the Legal Lane: Providing Products and Services for COVID-19
7/6/2020 - Staying Within the Legal Lane: Providing Products and Services for COVID-19
6/25/2020 - Texas Governor Instructs Hospitals to Postpone Surgeries and Procedures
5/8/2020 - COVID-19: CMS Issues New Policy Changes for a Phased Reopening of the Country
5/6/2020 - CMS Expands Hospice Flexibilities to Fight COVID-19
4/3/2020 - CMS Implements Massive Rule Change to Bolster Telehealth Amid COVID-19: What Providers Need to Know to Serve Their Patients
4/3/2020 - CMS Issues Sweeping Telehealth Interim Final Rule in Response to COVID-19 Crisis
3/20/2020 - HHS to Exercise Enforcement Discretion in Response to CMS Telehealth Waiver
3/19/2020 - Coronavirus Update: Telehealth Licensure Waivers for Healthcare Professionals
3/17/2020 - CMS Issues Program Instructions for Medicare Telehealth Waiver
3/17/2020 - HHS and States Relax Telehealth Licensing Rules for Healthcare Professionals Amid COVID-19 Emergency
3/10/2020 - Tele-Tuesday: Congress’s Coronavirus Bill Includes Major Telehealth Changes
3/5/2020 - Mere Differences of Judicial Opinion Emerge to Muddle Healthcare Providers False Claims Act Exposure for Mere Differences of Clinical Opinion
2/20/2020 - Register for Our February Fast Break: Labor Issues in the Healthcare Industry
1/30/2020 - Fast Break Recaps: The Year in Review and Unpacking the Allina Decision
1/21/2020 - MedPAC Recommends Medicare Payment Reductions for Hospice and Home Health
12/19/2019 - Telephone Hearing Demonstration at the Reconsideration Level: Now Open to Home Health and Hospice
11/15/2019 - CMS Advances Price Transparency with Rules for Hospitals and Insurers
11/15/2019 - Register for Fast Break: Regulatory Sprint – Part 2
11/5/2019 - Proposed AKS Safe Harbors for Patient Incentives: Are They Bold Enough?
10/31/2019 - Ready to CONNECT? Telehealth Is Here to Stay
10/29/2019 - INSIGHT: OIG Proposed AKS Safe Harbors for Patient Incentives—Getting Patients Involved
10/24/2019 - Register for Fast Break: Regulatory Sprint – Part 1
10/9/2019 - OIG and CMS Coordinate Seismic Change to Fraud and Abuse Laws—What It Means for the Health Industry
10/1/2019 - Tele-Tuesday: When Will the DEA Issue the Telemedicine Special Registration Rule?
2019 - Advancements in Telehealth Law
9/12/2019 - Recap on Our August Fast Break: Physician Fee Schedule Update
8/20/2019 - August Fast Break: Have You Registered for Our Update on the Physician Fee Schedule?
8/8/2019 - Recap of Our July Fast Break: FCA Hardball
8/6/2019 - Tele-Tuesday: Updates to the FCC’s Rural Health Care Program Focus on Telehealth Development
7/16/2019 - Tele-Tuesday: FCC Proposes $100 Million Telehealth Pilot Fund
6/11/2019 - Tele-Tuesday: Top Five Telehealth Legal Issues for Summer 2019
5/29/2019 - May Fast Break Combines New Tech with Health Law
5/23/2019 - Healthcare Team Contributes to AHLA Health Care Compliance Legal Issues Manual
5/14/2019 - Tele-Tuesday: A Closer Look at the Medicare Advantage Telehealth Flex Rule
5/6/2019 - Fast Break on HealthTech Startups
4/9/2019 - Tele-Tuesdays – The Hottest Updates in Telehealth
4/4/2019 - Senators Renew Pressure on POD Arrangements
April 2019 - Background Checks and Excluded Persons, Chapter Four, AHLA Health Care Compliance Legal Issues Manual
April 2019 - Government Program Participation and CMS Billing Revocation Authority, Chapter Five, AHLA Health Care Compliance Legal Issues Manual
3/22/2019 - Recap on Fast Break: Radioactive Materials
3/14/2019 - Fast Break Tackles Unique Issues Affecting Health Law—From GDPR to Blockchain and Beyond
10/6/2018 - Three CMS Policies Managed Care Organizations Will Want to Watch
10/1/2018 - Questions Remain After OIG Releases Fraud Risk Indicator, Law360
10/1/2018 - The OIG’s New Fraud Risk Indicator Raises More Questions Than Answers
8/28/2018 - OIG Report on Hospice Vulnerabilities: Recommendations Receive Lukewarm Support from CMS
7/24/2018 - Something Old, Something New: The Proposed Medicare Physician Fee Schedule Rule
1/26/2018 - Pay to Play: The End of Net Neutrality and Its Effect on Telehealth
1/26/2018 - Telehealth and the End of Net Neutrality
11/29/2017 - CMS Announces New Nationwide ‘Targeted Probe and Educate’ Medical Review Strategy
10/4/2017 - Retail Pharmacy: OIG Signals It’s Okay to Reward Again
5/30/2017 - California Bill May Upend Pharma Company Interaction with HCPs
5/22/2017 - Telehealth Expansion Finally Comes to Texas
11/10/2016 - Preparing for an ACA Rollback: How to Get Paid for Treating the Uninsured
7/6/2016 - Senate Finance Committee Examines Repeal of the Stark Law
5/11/2016 - Senate Finance Committee Updates Report on Physician-Owned Distributorships
4/4/2016 - OIG Issues Critical Medical Review Report of Hospice GIP
2/17/2016 - The 60-Day Rule Is Final: Assessing Your Organization’s Safeguards
2/11/2016 - CMS Finalizes 60 Day Overpayment Rule
12/9/2015 - Stark Law Clarifications Bring Both Benefits and Potential Challenges
11/4/2015 - Passage of the Bipartisan Budget Act: What You Should Not Do Now
10/28/2015 - New Budget Bill May Signal End of Provider-Based Status
7/9/2015 - CMS Releases 2016 Physician Fee Schedule
5/18/2015 - Chapter 1020 – Hospices, BNA's Health Care Program Compliance Guide
1/23/2015 - OIG Recommends Greater Scrutiny for Hospice Services in ALFs
12/16/2014 - CMS Final Rule Adds More Arrows but also Demonstrates Restraint
12/2/2014 - The OIG Work Plan: Does OIG Always Know Best?
10/29/2014 - OIG’s Proposed Safe Harbors and CMPL Rules: A Different Way of Thinking?, BNA’s Health Care Fraud Report
10/3/2014 - OIG Proposes Rules on Free Transportation, Hospital Gainsharing, and Other Access to Care Arrangements
6/27/2014 - Proposed OIG Rules Amending Regulations Governing Exclusion and Civil Monetary Penalties: More Than Meets the Eye?, BNA's Health Care Fraud Report
12/10/2013 - CMS Issues Warning on Medicare Part D Billing for Hospice Patients
10/25/2013 - OIG Comes Down Hard on Physician-Owned Distributorship Arrangements
10/11/2013 - OIG and Third Party Billers: Exclusions, Overpayments and Repayment Requirements, presented at the American Medical Billing Association National Medical Billing Conference
9/10/2013 - HHS Publishes Final Rule on Exchanges, SHOPs, and Eligibility Appeals
6/28/2013 - CMS Rule Complicates Long-Term Care Facility and Hospice Relationships
5/10/2013 - OIG Revises Special Advisory Bulletin on Exclusions
4/17/2013 - HHS OIG Issues Revised Self-Disclosure Protocol
March 2013 - Anti-Fraud Concerns for Physician-Owned Distributors for Medical Device Products: What's New is Old. We Won't be Fooled Again
3/27/2013 - Hospitals and Doctors Beware: OIG Issues Special Fraud Alert on Physician-Owned Entities
3/22/2013 - OIG Recommends Increased CMS Enforcement of SNF Standards
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