Patricia S. Hofstra

Patricia S. Hofstra

Patricia S. Hofstra practices in the area of health law. Ms. Hofstra advises healthcare professionals and healthcare companies in corporate, regulatory and litigation matters.

Ms. Hofstra's clients include hospitals, long-term care providers, physicians and physician practice groups, retail clinics, home health agencies, ambulatory care centers, medical device manufacturers, pharmaceutical companies and other healthcare companies. She has extensive experience in business transactions involving healthcare entities, medical staff matters, licensure and regulatory matters, managed care contracting, hospital/physician contracting, joint ventures and information technology. She regularly advises clients on fraud and abuse, governance, Stark and intermediate sanction issues.

Ms. Hofstra is a graduate of Ohio Northern University College of Law and a graduate of the Pennsylvania State University (B.S.N.).

Areas of Practice

· Health Law

· Medical Staff Law

· Healthcare Fraud and Abuse

· Physician Services

· Pharmacy Law

· Employment Law

Representative Matters

· Represented two different anesthesia groups where physician member of the group was alleged to have diverted and used illegal substances.

· Successfully represented anesthesiologist before state licensing agency on allegations of impairment and drug diversion and negotiated severance package for physician.

· Successfully represented orthopedic practice in workers compensation and unemployment state tax matter pertaining to independent contractor vs. employee status of physician.

· Assisted several anesthesia and emergency medicine hospital-based physician groups with hospital contract negotiations resulting in additional compensation for groups and contract terms the client found favorable.

· Represented several long term care facilities for developmentally disabled in federal and state involuntary discharge proceedings.

· Represented large orthopedic practice in establishing a consulting company.

· Represented hospital in contract dispute with international nurse recruiting agency.

· Represented physician groups in managed care audit.

· Represented primary care practice in corporate reorganization, drafting compensation agreements, establishing ancillary services, revising shareholder and employment agreements.

· Represented two gynecologists in startup of their practice.

· Represented hospital in major rewrite of medical staff by-laws and related documents.

· Represented medical executive committee of hospital in on call and coverage dispute.

· Advised sports medicine practice regarding NCAA team physician obligations and establishment of athletic training program.

· Advised orthopedic practice regarding establishment of athletic training program.

· Counsel to hospitals with respect to JCAHO accreditation matters.

· General corporate counsel to several physician group practices.

· Counsel to several hospitals, group practices and individual physicians with respect to credentialing and peer review matters.

· Counsel to major retailer with respect to establishing in-store medical clinics.

· Counsel to Fortune 50 manufacturer with respect to establishment of company based medical services.

· Counsel to providers regarding Stark and fraud and abuse with respect to joint ventures, physician recruitment matters managed care contracts and negotiations.

Professional Activities

· American Health Lawyers Association
- Vice Chair, Medical Staff, Credentialing Peer Review Practice Group

· American Bar Association

· Illinois State Bar Association

· Chicago Bar Association

· Illinois Association of Healthcare Attorneys
- Current Member, Former President and Board Member

· Former Registered Nurse

Experience

· Duane Morris LLP
- Partner, 2006-present

· Bell, Boyd & Lloyd LLC
- Partner

· St. James Hospital and Health Centers
- In-house Counsel

· Lutheran General Health Care System
- In-house Counsel

· American Hospital Association
- Staff Counsel

· Ohio General Assembly, Ohio Nursing Home Commission
- Attorney

· Various Positions as a Registered Nurse

Board Memberships

· Board of Directors, Vascular Disease Foundation, 2007-present

· Advisory Board, Thornton Fractional High School District 215, 2003-2007

· Board of Directors, Jackson Tower Condominium Association, 2008-present

Honors and Awards

· Illinois Super Lawyer, 2006-2010

· Leading Lawyers, 2008

Selected Publications

· Author, "Calling All Physicians: The On-Call Challenge Continues," Modern Healthcare, September 2008

· Contributed chapter and edited portions of Peer Review Hearing Guide Book published by the American Health Lawyers Association, Spring 2008

· Co-author, "The New Stark Rules: What Does Stark II Phase III Mean for Health Care Providers?" Journal of Medical Practice Management, Spring 2008

· Edited Managed Care Chapter of Book for Loyola University School of Law, March 5, 2007

· Co-author, "Turning Hospital Tax Exemption on its Head," The Health Lawyer, February 2007

· Co-author, "Turning Hospital Tax Exemption on its Head: The Provena Covenant Medical Center Decision," Practical US/Domestic Tax Strategiesr, October 2006

Selected Speaking Engagements

· "Institutional Perspectives," 25th Anniversary of the Beazley Institute for Health Law and Policy: Reflections on the Past and Lessons for the Future, Loyola University Chicago School of Law, March 5, 2010

· "ED Care: Achieving Fiscally Responsible Regulatory Compliance, Quality and Physician and Patient Satisfaction," American Health Lawyers Association Annual Meeting, Washington, D.C., June 29, 2009

· "Medicare Part C: What You Don't Know Could Cost You Plenty," Audio Conference, Greenbranch Publishing, September 2008

· "Managed Care Contracting," Wisconsin Association of Hospital Credit Managers, October 2007

· "NLRB Supervisor Cases," Illinois Association of Nursing Home Administrators, June 4, 2007

· "NLRB Supervisor Cases," Illinois Healthcare Association, January 22, 2007

· "NLRB Supervisor Rulings," Illinois Health Care Association Webinar, January 22, 2007

· "The Impact of the National Labor Relations Board's Trilogy of Decisions on When an Employee is a 'Supervisor' Under the NLRA," Duane Morris Webinar, November 29, 2006

· Presentation to medical staff on Stark Regulations, Silver Cross Hospital, Joliet, Illinois, April 27, 2006

· Meadows Sheltered Care, Staff In-Service on Incident Reporting, March 23, 2006

· Loyola Law School/Guest Speaker, "Medicare Part D Compliance" Lecture, April 6, 2006

· Illinois Association of Healthcare, Attorneys/Quarterly Lecture, "Managing Hospital/Physician Disputes," June 13, 2006

· Loyola University Chicago, Annual Health Law and Policy Colloquium, Oh, Darling! Panel, "Institutional Liability Trends," November 18, 2004