David Pursell: Lawyer with Husch Blackwell LLP

David Pursell

Partner
Kansas City,  MO  U.S.A.
Phone816.983.8190

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Healthcare
  • Life Sciences & Pharmaceuticals
  • Employee Benefits & Executive Compensation
  • Government Compliance
  • Investigations & Litigation
  • Hospitals & Health Systems
  • Ancillary Service Providers
  • Physicians & Other Professionals
 
Contact InfoTelephone: 816.983.8190
Fax: 816.983.8080
http://www.huschblackwell.com/david-pursell/
 
University Grinnell College, B.A., 1979; Order of the Coif
 
Law SchoolUniversity of Missouri - Columbia School of Law, J.D., 1988; Missouri Law Review
 
Admitted1988, Missouri
 
Memberships 

Professional Associations and Memberships
•American Health Lawyers Association, Hospitals and Health Systems' Fair Market Value Affinity Group, Vice Chair, 2011-2012; Accountable Care Organization Task Force, Vice Chair, 2012-2013
•Foundation of the Lawyers Association of Kansas City, President, 1998-1999
•Greater Kansas City Society of Health Care Attorneys
•Health Care Compliance Association
•Kansas City Metropolitan Bar Association, Employee Benefits Committee, Chair, 1998
•Lawyers Association of Kansas City, President, 1997-1998
•Missouri Society of Health Care Attorneys

 
Biography

Based upon decades of effective and efficient representation, David advises healthcare clients on a range of compliance and investigative matters. He is a member of Husch Blackwell's Healthcare, Life Sciences & Pharmaceuticals team, working closely with hospitals, physicians, professional corporations and other healthcare providers and professionals on issues such as hospital/physician contracting and joint ventures, Medicare fraud and abuse and other compliance issues, Stark II, Medicare payment disputes and tax-exempt entity challenges. He also advises on business and tax planning for traditional and alternative physician practice structures and group purchasing organization compliance.

David's noteworthy industry experience includes:
•Serving as lead counsel for Southern Plains Medical Group in conducting an internal investigation, making a self-disclosure and negotiating settlement with federal regulators, including defending the system in litigation brought by a physician.
•Representing hospitals in federal self-disclosure protocol disclosures and Centers for Medicare and Medicaid Services (CMS) self-referral disclosure protocol disclosures.
•Counseling a hospital in the complex acquisition of a physician-owned medical and radiation oncology therapy center, including structuring a professional service agreement, acquisition of assets and real estate.
•Representing various hospital systems in conducting compliance audits, including subsequent self-disclosures to government agencies.

David is also actively involved in several healthcare organizations, including the American Health Lawyers Association, the Health Care Compliance Association, the Missouri Society of Health Care Attorneys and the Greater Kansas City Society of Health Care Attorneys.

Awards and Recognitions
•Martindale-Hubbell AV Preeminent
Missouri & Kansas Super Lawyers, Health Care, 2007

Experience
•Served as lead counsel for Southern Plains Medical Group LLC in conducting an internal investigation, making a self-disclosure and negotiating settlement with the U.S. Department of Health and Human Services' Office of Inspector General (OIG) and the Department of Justice (DOJ), including defending the system in litigation brought by a physician who was part of the self-disclosure.
•Represented hospitals in OIG self-disclosure protocol disclosures and the Centers for Medicare and Medicaid Services (CMS) self-referral disclosure protocol disclosures.
•Advised hospital in the complex acquisition of a physician-owned medical and radiation oncology therapy center, including structuring a professional service agreement, acquisition of assets and real estate, as well as Medicare “provider based” attestation and federal 340b issues.
•Represented various hospital systems in conducting compliance audits, including subsequent OIG and DOJ self-disclosures.
•Represented hospital systems in implementing and unwinding hospital/physician joint ventures.
•Structured and implemented a “group practice subsidiary” model for physician practice acquisitions for hospitals.
•Represented hospital systems in physician practice acquisitions and divestitures, including designing alternative compensation models and practice structures.
•Represented a hospital system in negotiating a hospital/hospital joint venture heart program.
•Represented a hospital system in governance restructuring.
•Represented an imaging center in an acquisition by hospital.

Business Insights

Business Insights
6.17.14 Healthcare Horizons Webinar Series: What is Fair Market Value and Commercial Reasonableness and Why Should I Care?
Healthcare, Life Sciences & Pharmaceuticals Webinar
4.24.14 Inside the Halifax Case: An Interview with the Government's Expert Witness
Healthcare, Life Sciences & Pharmaceuticals Webinar
3.11.14 Hot Off the Presses: The Halifax Settlement Agreement
Healthcare, Life Sciences & Pharmaceuticals Blog
3.03.14 Halifax Settled?
Healthcare, Life Sciences & Pharmaceuticals Blog
1.23.14 The OIG Advisory Opinion with the Fascinating Footnote
Healthcare, Life Sciences & Pharmaceuticals Blog
12.02.13 Another Hospital Faces Stark Fight: The Halifax Hospital Decisions
Healthcare, Life Sciences & Pharmaceuticals Blog
5.09.13 Jury Returns Landmark Verdict in Tuomey Case
Healthcare, Life Sciences & Pharmaceuticals Blog
1.15.13 “Fiscal Cliff” Deal Extends Collection Time for Medicare Overpayments
Healthcare, Life Sciences & Pharmaceuticals Alert
10.01.12 The Stark Law and Self-Disclosure, The Advisory Board Company
Healthcare, Life Sciences & Pharmaceuticals Article
9.25.12 Healthcare Horizons Webinar Series: The Stark Law and Self-Disclosure: What Should You Do After Discovering a Potential Stark Violation?
Healthcare, Life Sciences & Pharmaceuticals Webinar

In The News
6.30.14 Husch Blackwell No. 12 among Modern Healthcare's Largest Healthcare Law Firms; No. 5 on AHLA's List
Healthcare, Life Sciences & Pharmaceuticals News Release
6.14.13 Husch Blackwell Named a Top 10 Firm by the American Health Lawyers Association
Healthcare, Life Sciences & Pharmaceuticals News Release
7.12.12 Husch Blackwell Climbs to Number 14 Nationwide on American Health Lawyers Association 2012 Top Honors List
Healthcare, Life Sciences & Pharmaceuticals News Release
9.15.11 Husch Blackwell's Healthcare Practice Among Largest in the U.S.
Healthcare, Life Sciences & Pharmaceuticals News Release
7.01.11 Five Husch Blackwell Attorneys Hold Leadership Positions in the American Health Lawyers Association
Healthcare, Life Sciences & Pharmaceuticals News Release
1.14.10 Megan Phillips and David Pursell Contribute to Avoiding Fraud and Abuse in the Medical Office
Healthcare, Life Sciences & Pharmaceuticals News Release

 
ISLN904282274
 

Documents by this lawyer on Martindale.com

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The OIG Advisory Opinion with the Fascinating Footnote
David Pursell,Wakaba Y. Tessier, January 31, 2014
A recent OIG Advisory Opinion (Adv. Op. 13-15) is, to a certain degree, more interesting for one of its footnotes than the body of the opinion itself. The footnote addresses a hotly debated issue, originally raised in an OIG Management Advisory Report (MAR) in 1991. That MAR took the position that...


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Office Information

David Pursell

4801 Main Street, Suite 1000
Kansas CityMO 64112




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