Eric has represented physician groups and other providers of healthcare services in connection with business planning and corporate governance issues, transactional matters, and federal and state regulatory requirements for more than 20 years. Those providers have included licensed entities such as imaging centers, ambulatory surgery centers, institutional pharmacies, therapy providers, assisted living and personal care homes, nursing homes, and human service agencies. Eric advises clients in connection with Medicare and Medicaid reimbursement, fraud and abuse, federal and state self-referral issues, HIPAA and HITECH Act matters, Patient Protection and Affordable Care Act compliance, hospital privilege and medical staff issues, payor audits, and licensure and certificate of need applications and amendments. He also assists healthcare clients in establishing corporate compliance plans and represents insurance companies and third-party administrators, managed care provider networks, medical device suppliers, cosmetics manufacturers, pharmaceutical companies, equipment vendors and lessors, and providers of electronic medical records and other online healthcare services in contractual and regulatory matters.
Eric's work for clients both within and outside the healthcare field includes organizational matters, operating agreements, shareholder and partnership agreements and disputes, labor and employment law issues, private securities offerings, joint ventures, mergers and acquisitions. He is an adjunct member of the Firm's Business Law Department and a member of the Firm's Privacy and Data Protection Group.
Notable Experience
· Eric has extensive experience in the intraoperative neurophysiologic monitoring field, including representing regional service providers, billing companies, technologists and other entities regarding state and federal regulatory issues, billing and coding disputes and appeals, contracts with hospitals and other facilities, corporate structuring and intracompany transactions, and labor and employment matters.
· Eric has frequently been recommended by the American College of Radiology to its members seeking healthcare counsel in New York and New Jersey.
· Eric counseled the acquirer of two anatomic pathology laboratory companies regarding compliance with federal law and the healthcare laws and licensing requirements of 50 states.
· Eric represented a healthcare information service provider in the contribution of its equity interests to a new holding company in a Section 351 exchange.
· Eric led a team of seven lawyers in negotiating and drafting stock purchase agreements and ancillary documents for the sale of a well-known consumer products company to nine separate acquirers, and the simultaneous negotiation and execution of nine sets of licensing and manufacturing supply agreements.
· Eric negotiated and drafted operating agreements and private offering documents for an $11 million investment by a consortium of U.S., U.K. and Saudi investors in the U.S. and offshore affiliates of a Boston-based biotechnology company.
Recent Speaking Engagements and Publications
· Eric is the co-author of the Firm's Healthcare Update, a series of alerts regarding ongoing healthcare reform developments in Washington, D.C. These Healthcare Updates can be found on the Firm's Newsstand or under "Healthcare News" at healthcare.edwardswildman.com.
· "Life Sciences Licensing Ins and Outs: Mock Negotiations," presenter, New Jersey Law Journal's In-House CLE Seminar, Florham Park, New Jersey, October 4, 2011.
· "Federal Healthcare Reform - One Year Later (Implementation Challenges)," presenter, Association of Insurance Compliance Professionals, 2011 Annual Conference, Orlando, Florida, September 27, 2011.
· "Hot Topics in Health (State News)," presenter, Association of Insurance Compliance Professionals, 2011 Annual Conference, Orlando, Florida, September 27, 2011.
· "Reviving a Widely Criticized Health Care Proposal," co-author, New York Law Journal, July 25, 2011.
· "Federal Government Issues Final Medical Loss Ratio Regulations," co-author, Edwards Wildman Palmer Client Advisory, November 2010.
· "The New Healthcare Landscape," Moderator and Panelist, SNL Insurance Brokerage Summit, New York, New York, November 10, 2010.
· "Legal and Billing Issues in Intraoperative Neurophysiologic Monitoring," Presenter, American Society of Electroneurodiagnostic Technologists, Inc. Webinar, October 27, 2010.
· "Medicare Secondary Payer Reporting: Extraterritorial Applicability of Requirements to Foreign Insurers," co-author, Federation of Regulatory Counsel Journal, Summer 2010.
· "Provider Reimbursement Changes in Healthcare Reform," co-author, Edwards Angell Palmer & Dodge Healthcare Reform Website, May 2010.
· "HITECH's New Requirements for Business Associates of Health Insurers are in Effect," author, Compliance Helper Blog, April 12, 2010.
· "Changes Affecting Private Insurance Plans and Issuers," co-author, Edwards Angell Palmer & Dodge Healthcare Reform Website, April 2010.
· "The Role of Reinsurance in Establishing the New Regime," co-author, Edwards Angell Palmer & Dodge Healthcare Reform Website, April 2010.
· "HITECH Act's Expanded Legal Obligations are in Effect for Business Associates of Healthcare Entities," author, Edwards Angell Palmer & Dodge Client Advisory, April 2010.
· "HITECH Act's New Requirements for Business Associates of Health Insurers are in Effect," author, Edwards Angell Palmer & Dodge Client Advisory, April 2010.
· "Extraterritorial Applicability of Medicare Secondary Payer Reporting Requirements to Foreign Insurers," co-author, Edwards Angell Palmer & Dodge Insurance and Reinsurance Review, March 2010.
· "Ownership Successor Liability," co-author, Provider Magazine, January 2010.
· "Health Information Technology for Economic and Clinical Health Act (the "HITECH" Act)," presenter, Global Business & Legal Seminars, January 2010.
· "Mid-Market Deals in a Down Market," presenter, NJCCA's 7th Annual Full Day Conference, Whippany, New Jersey, September 24, 2009.
· "Mandatory September 30, 2009 Registration Deadline Approaches for Insurers Subject to New Medicare Reporting Requirements," co-author, Edwards Angell Palmer & Dodge Client Advisory, September 2009.
· "Final Rules Issued for Breach of Electronic Health Information," author, Edwards Angell Palmer & Dodge Client Advisory, September 2009.
· "Successor Liability for Acquirers of Healthcare Facilities," co-author, Edwards Angell Palmer & Dodge Client Advisory, June 2009.
· "Global Pandemic: Potential Economic Fallout from H1N1 influenza A," co-author, Insurance Law Center, LexisNexis, May 1, 2009.
· "New "Red Flag" Identity Theft Rules Apply to Healthcare Providers," co-author, Edwards Angell Palmer & Dodge Client Advisory, March 2009.
· "Revisions to Anti-Markup Rule for Purchased Diagnostic Tests: What You Don't Know Can Hurt You," author, Edwards Angell Palmer & Dodge Client Advisory, February 2009.
News & Publications
May 15, 2012, Healthcare Update: CMS Delays Data Collection Under Sunshine Act; New Rules to Ease Burdens on Providers; MA Bills Target Healthcare Costs; CMS Proposes Medicaid Payment Increase; New Bill Proposes Repeal of SGR
Healthcare News from Capitol Hill and The Department of Health and Human Services
April 30, 2012, Healthcare Update: CMS Issues Proposed IPPS Rule; PPACA Expected to Save $200 Billion Through 2016
Healthcare News from Capitol Hill and The Department of Health and Human Services
April 17, 2012, Healthcare Update: CMS Announces First ACO Participants; HHS Proposes Delaying ICD-10 Compliance Deadline, Adopts Unique Health Plan Identifier; New York Governor Issues Executive Order for Health Exchange
Healthcare News from Capitol Hill and The Department of Health and Human Services
April 2, 2012, Healthcare Update: Supreme Court Apparently Divided on Individual Mandate and Whether to Scrap PPACA Entirely; House Passes Ryan Budget Plan; AMA Asks CMS for a Break
Healthcare News from Capitol Hill and The Department of Health and Human Services
March 19, 2012, Healthcare Update: HHS Issues Final Rules for Insurance Exchanges, Medicaid Eligibility, Insurance Plan Coverage and Student Health Insurance Plans
Healthcare News from Capitol Hill and The Department of Health and Human Services
March 5, 2012, Healthcare Update: Senate Rejects Anti-Contraception Amendment; State Budget Shortfalls Put Medicaid and Other Programs at Risk; NJ Postpones Long-Term Care Overhaul
Healthcare News from Capitol Hill and The Department of Health and Human Services
February 22, 2012, Healthcare Update: Congress Passes "Doc Fix"; North Carolina Granted MLR Waiver; Wisconsin's Request Denied
Healthcare News from Capitol Hill and The Department of Health and Human Services
February 6, 2012, Healthcare Update: White House Brief Says PPACA Can Survive Without Individual Mandate; Texas Denied MLR Waiver
Healthcare News from Capitol Hill and The Department of Health and Human Services
January 23, 2012, Healthcare Update: White House Issues Health Reform Progress Report; New York Limits Provider Spending for Executive Compensation and Administrative Costs; HHS and Contractor Lag in Development of PPACA Quality Measures
Healthcare News from Capitol Hill and The Department of Health and Human Services
January 9, 2012, Healthcare Update: CMS Issues Additional Health Plan Waivers; HHS Rejects Two More States' MLR Waiver Requests; Connecticut Abandons Medicaid Managed Care Model
Healthcare News from Capitol Hill and The Department of Health and Human Services
December 19, 2011, Healthcare Update: Senate Passes Temporary "Doc Fix"; MedPAC Issues Draft Recommendations for 2013; CMS Issues "Essential Health Benefits" Bulletin; Home Care Worker Wage Protection Proposed
Healthcare News from Capitol Hill and The Department of Health and Human Services
December 5, 2011, Healthcare Update: CMS Issues Medical Loss Ratio Regulations; HHS Rejects Two State MLR Waiver Requests
Healthcare News from Capitol Hill and The Department of Health and Human Services
November 30, 2011, ACO Update: Fraud and Abuse Waivers Can Assist ACO Development
November 21, 2011, Healthcare Update: Supreme Court Review of PPACA; Senate Subcommittee Hearing on Data Breaches
Healthcare News from Capitol Hill and The Department of Health and Human Services
November 7, 2011, Healthcare Update: 2012 Medicare Fee Schedules Released
Healthcare News from Capitol Hill and The Department of Health and Human Services
October 24, 2011, Healthcare Update: Final ACO Rule Released; Long-Term Care Program Scrapped
Healthcare News from Capitol Hill and The Department of Health and Human Services
July 25, 2011, In New York Law Journal, Les Levinson and Eric Fader Discuss Health Care Proposal
June 6, 2011, ACO Update
April 7, 2011, ACO Update: IRS Issues Guidance on the Participation of Tax-Exempt Organizations in the Medicare Shared Savings Program Through Accountable Care Organizations
April 5, 2011, ACO Update: Unprecedented Federal Agency Cooperation Yields Proposal to Exempt Accountable Care Organizations from Per Se Antitrust Scrutiny
April 4, 2011, ACO Update: CMS Releases Proposed ACO Rule
February 3, 2011, AHA Letter Calls for Medical Loss Ratio Rule Changes
January 31, 2011, Rhode Island Health Insurance Exchange Proposed
November 2010, Client Advisory - Federal Government Issues Final Medical Loss Ratio Regulations
May 11, 2010, Provider Reimbursement Changes in Healthcare Reform Law
April 20, 2010, The Role of Reinsurance in Establishing the New Regime
April 20, 2010, Changes Affecting Private Insurance Plans and Issuers
April 2010, Client Advisory - HITECH Act's Expanded Legal Obligations are in Effect for Business Associates of Healthcare Entities
April 2010, Client Advisory - HITECH's New Requirements for Business Associates of Health Insurers are in Effect
March 2010, Extraterritorial Applicability of Medicare Secondary Payer Reporting Requirements to Foreign Insurers
March 2010, Insurance and Reinsurance Review - March 2010
January 2010, Ownership Successor Liability
Provider Magazine
September 2009, Client Advisory - Mandatory September 30, 2009 Registration Deadline Approaches for Insurers Subject to New Medicare Reporting Requirements
September 2009, Client Advisory - Final Rules Issued for Breach of Electronic Health Information
July 31, 2009, EAPD Success on Behalf of Aetna
June 2009, Client Advisory - Successor Liability for Acquirers of Healthcare Facilities
March 2009, Client Advisory - New "Red Flag" Identity Theft Rules Apply to Healthcare Providers
February 23, 2009, Healthcare Attorney, Eric D. Fader, Joins New York Office of Edwards Angell Palmer & Dodge as Counsel
February 2009, Client Advisory - Revisions to Anti-Markup Rule for Purchased Diagnostic Tests: What You Don't Know Can Hurt You
Before Edwards Wildman
Most recently, Eric led the healthcare law practice in the New York office of a large national law firm. Before that, he practiced healthcare and corporate law for 18 years at a midsized New York firm.
Eric served as the Chair of the New York County Lawyers' Association's Special Committee on National Health Care Reform from 1994-1997.
Besides Edwards Wildman
In addition to playing tennis and racquetball, in which he nearly always avoids injury to himself and others, Eric is a more accomplished player in ping-pong, billiards and bowling. He particularly enjoys spirited competition with his sons, ages 23 and 20. Eric's hobby website and its associated discussion forum are recognized by aficionados worldwide as the definitive sources of information on vintage stereo tuners.
Eric has served on the Board of Directors of Stayhealthy, Inc., a privately owned health solutions company committed to changing the way the world measures health and fitness.
Events
October 4, 2011, Florham Park, NJ, Mock Licensing Negotiations
New Jersey Law Journal In-House Counsel CLE Seminar
September 24, 2009, Whippany, NJ, NJCCA's 7th Annual Full Day Conference
Industries
· Healthcare
· Life Sciences
Memberships
· American Health Lawyers Association
· American Society of Neurophysiological Monitoring