Michael J. Cherniga is Co-Chair of the firm's Health & FDA Business Practice. On a regional and national basis, Mike's practice involves representation of a diverse client base consisting of health care organizations (and clients which support the business of health care), both for-profit and not-for-profit. He also has substantial experience serving health care professionals and allied health care personnel who serve or support those organizations.
The types of clients involved in the business of health care and served by Mike include: acute care and specialty hospitals; diagnostic imaging facilities; skilled nursing facilities; assisted living facilities; sub-acute and other specialty providers; individual practitioners; group practices; clinics; provider networks; managed care organizations; indemnity insurers; employer and provider trade organizations; clinical laboratories; and biotech companies.
Mike has a practical understanding of the health care industry necessary to assist clients in developing proactive responses to a rapidly changing market place. In that regard, his practice involves a wide range of health care services related to numerous areas: accreditation; business structures and restructuring; business transactions/contracts; compliance programs/compliance investigations/surveys; fraud and abuse (including a special emphasis on federal and state self-referral (e.g. Stark) and anti-kickback laws); health information technology; licensure and certification; litigation and litigation support (administrative and civil); Medicare, Medicaid, and other governmental third party payor reimbursement; mergers and acquisitions; privacy issues; professional licensure discipline, counseling and defense; regulatory due diligence for transaction support; regulatory compliance, counseling and defense; research and education; state and Federal governmental legislative/regulatory representation; surveys and survey enforcement defense; and telemedicine and electronic health information.
Aside from his work on behalf of health care clients, Mike also represents other types of business interests on regulatory matters, with a particular focus on administrative litigation. In this work, he appears before numerous State and Federal agencies, and he is often called upon to handle the resolution of unique, diverse, regulatory problems.
Michael has served on special Florida Bar and Florida legislative task forces regarding statutes and rules related to Florida's Administrative Procedures Act, and in 1999, he served as an Adjunct Professor teaching health care law at the Florida State University College of Law.
Areas of Concentration
· Health care facilities and organizations (as well as clients which support the business of health care)
· Transactional and regulatory matters
· Health care insurance industry
· Employee health benefit regulatory issues
· Health care law and health care operational issues which arise in civil litigation
· Administrative law and regulatory matters, including administrative litigation before regulatory agencies
Professional & Community Involvement
· Member, American Bar Association
· Member, American Health Lawyers Association
· Member, Florida Bar, Administrative and Health Law Sections
Awards & Recognition
· Listed, The Best Lawyers in America, Government Relations Practice; Health Care Law, 2006-2014
· Listed, Chambers USA Guide, 2009-2013
· Listed, Super Lawyers magazine, Florida Super Lawyers, 2008-2009, 2011-2013
· Listed, Florida Trend magazine "Legal Elite," 2004
· Rated, AV Preeminent® 5.0 out of 5
Publications & Presentations
Articles, Lectures & Publications
Mike regularly speaks at health care seminars and has authored articles on the practice of administrative law, including:
· "Lessons From Intermountain's Stark Law Settlement," Law360, April 11, 2013