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Thomas W. Hess: Lawyer with Dinsmore & Shohl LLP

Thomas W. Hess

LinkedIn
Partner
Columbus,  OH  U.S.A.
Phone(614) 227-4260

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Corporate & Transactional
  • Government Investigations
  • Government Relations
  • Health Care
 
University Ohio University, B.S.Ed., cum laude, 1973
 
Law SchoolCapital University School of Law, J.D., 1976
 
Admitted1976, Ohio; U.S. Supreme Court; Sixth Circuit Court of Appeals; Northern District of Ohio; Southern District of Ohio
 
BornPortsmouth, Ohio, March 13, 1951
 
Biography

Annually appearing on The Best Lawyers in America list, as well as the Ohio Super Lawyers list, Tom has over 35 years of experience representing health care providers before state, federal and administrative courts across the country. He is the Practice Group Leader for the Government Relations and Health Law Practice Groups.

Leveraging extensive experience with a thorough understanding of the issues facing the health care industry, Tom takes a practical, yet aggressive approach to help clients meet their needs while also mitigating risk. Within the constantly-evolving industry, Tom guides clients through myriad challenges, including certificate of need, health care fraud and licensure investigation issues, as well as issues related to Medicare and Medicaid audits, overpayments, certifications and reimbursement. Additionally, he also has assisted clients with the acquisition and disposition of health care facilities and practices, demonstrating a knowledge of not only the industry's distinctive operations, but also of traditional business transactions. Understanding that complex health care reform initiatives and an unstable economy have dramatically impacted the industry's operations, Tom, a former Assistant Attorney General in Ohio, utilizes his familiarity with the regulatory agencies and their procedures to provide clients with the insight they need to confidently move forward.

A frequent speaker on health care issues throughout the country, Tom uses his experience to provide clients with knowledgeable and efficient counsel in a constantly-evolving industry.

Memberships & Affiliations

· American Bar Association

· Ohio State Bar Association

· Columbus Bar Association

· American Board of Medical Specialties, Committee on Oversight and Monitoring of Maintenance of Certification, Vice Chair

· American Health Lawyers Association, "LTC Advisor" Editorial Board

· Ohio Board of Examiners of Nursing Home Administrators, Board of Directors/Vice-Chairman, Past Member

· Editorial Advisory Board of Health Law Journal of Ohio, Past Member

· Columbus Bar Association, Health Law Committee and Past Chairperson

· Arthritis Foundation of Central Ohio, Board of Trustees and Past Member

· American Federation for Aging Research - Ohio Chapter, Board of Trustees, Past Member

· Northeastern Ohio University College of Medicine and Pharmacy Foundation, Board of Directors, Past Member

· Adjunct Professor, College of Allied Health Sciences, University of Cincinnati

Distinctions

· Peer Review Rated AV in Martindale-Hubbell

· Listed in The Best Lawyers in America® since 1995

· Selected for the Ohio Super Lawyers® List since 2004

Experience

Healthcare Lending
Kendal at Granville
Represented Kendal of Granville in the purchase of $22,010,000 of revenue Refunding and Improvements Bonds, $17,000,000 of construction/mini-perm loan, a $6,500,000 draw loan, a $2,500,000 revolving line of credit and interest rate derivative SWAPs for a skilled nursing and independent care facility located in Granville, Ohio.

Healthcare Lending
Nursing Care Facilities
Represented a nursing care provider in multiple financing projects, including $8,000,000 construction financing of a skilled nursing facility located in Beavercreek, Ohio and $8,630,000 construction financing of a skilled nursing facility located in Collerain, Ohio.

FHA/HUD Financing under the LEAN Program
Meadow Wind Health Care Center
Represented Meadow Wind Associates, L.P. in the FHA/HUD LEAN Program financing in the amount of $1,575,000 for a skilled nursing facility located in Massillon, Ohio.

Healthcare Lending
FirstMerit Bank, N.A.
Represented FirstMerit Bank, N.A. in a $5,775,000 financing of skilled nursing facilities located in Painesville, Ohio.

Property Acquisition and Bond Financing
Nine Intermediate Care Facilities
Represented a regional healthcare provider in the acquisition and bond financing of nine (9) intermediate care facilities located in Cuyahoga County in the amount of $4,800,000.

OIG Voluntary Self-Disclosure for Durable Medical Equipment Company
Medical Equipment Company
Represented a durable medical equipment company in OIG voluntary disclosure

Nursing Home Sale
Lutheran Village of Columbus
Represented Lutheran Social Services of Central Ohio, Inc. and its affiliates in the sale of a $7,400,000 skilled nursing facility located in Columbus, Ohio.

Claridge House, Inc. v. USDHHS, 795 F. Supp. 1393 (1991)
Claridge House, Inc.
Filed a complaint for declaratory and injunctive relief against the United States Department of Health and Human Services on behalf of a nursing home.

Certificate of Need Objections on Behalf of a Nursing Home
Nursing Home Facility
We represented a nursing home throughout an objection to two Certificate of Need applications

Advised a Large Nursing Home Through a Medicare Audit Appeal
Nursing Home
Represented a nursing home in an audit appeal before an administrative law judge in connection with a Medicare overpayment

Edward Hamilton v. Ohio Department of Health
Edward Hamilton, William Booth and David Baker
Represented three Ohio AIDS patients in a lawsuit against the director of the Ohio Department of Health (ODH) to prevent enforcement of proposed rules that would arbitrarily deny funding for potentially life-saving medications to Ohio residents infected with HIV or suffering from AIDS-related symptoms

FHA/HUD Financing under the LEAN Program
Wellington Place
Represented O'Neill Management and its affiliates in the FHA/HUD LEAN Program financing in the amount of $11,600,000 for a skilled nursing facility located in North Olmstead, Ohio.

FHA/HUD Financing under the LEAN Program
Good Shepherd Villas
Represented Lutheran Social Services of Central Ohio, Inc. and its affiliates in the FHA/HUD financing in the amount of $1,800,000 for a senior housing apartment complex located in Mansfield, Ohio.

FHA/HUD Financing under the LEAN Program
Nursing Care Facilities
Represented a nursing care provider in the FHA/HUD LEAN Program financing in the amount of $7,464,000 for a skilled nursing facility located in Cincinnati, Ohio.

Publications

April 26, 2013, CMS Clarifies Physician Delegation of Tasks in SNFs and NFs

March 12, 2013, Resubmission of Hospital Claims

December 18, 2012, 2013 Brings Significant Criminal Background Check Changes for Ohio HHAs

December 13, 2012, Telemedicine: Physicians Need to Know State Requirements

October 24, 2012, Health Care Reform Increases Compliance and Enforcement Concerns

June 28, 2012, Supreme Court Upholds Health Care Reform

March 7, 2012, CMS Proposes 60 Day Repayment of Overpayment Regulations

Presentations

May, 2013, "Yikes! It's the Cops!" West Virginia Health Care Association, Charleston, West Virginia

May, 2013, "RACs and the Medicare and Medicaid Appeal Process," West Virginia Health Care Association, Charleston, West Virginia

May, 2013, "Skeletons in the Closet? What does Uncle Sam want to see?" Ohio Health Care Association, Columbus, Ohio

March 2013, "Confidential of Medical Records," Lorman Educational Services Cleveland, Ohio

February, 2013, "How to Survive a Government Audit," American College of Health Care Administrators-District III, Rising Sun, Indiana

December, 2012, "Rule Me In, Rule Me Out," Capital Success, LLC, Columbus, Ohio

November, 2012, "DMES and ACOs...How to Participate," Ohio Association of Medical Equipment Services, Columbus, Ohio

November, 2012, "Social Media...Is It Anti-Social," Ohio Health Care Association-District II, Dayton, Ohio

August, 2012, "RACs and the Medicare and Medicaid Appeal Process," West Virginia Health Care Association, Flatwood, West Virginia

August, 2012, "Medical Records... Do's and Don'ts," Lorman Educational Services, Columbus, Ohio

August, 2012, "Social Media...Is It Anti-Social," Ohio Health Care Association Human Resources Conference, Columbus, Ohio

July, 2012, "Confidentiality of Medical Records," Lorman Educational Services, Toledo, Ohio

May 2012, "Social Media - Is it Anti-Social?" Ohio Health Care Association, Columbus, Ohio

April 2012, "The Status of National Health Care Reform," The Greenbrier Conference, White Sulfur Springs, West Virginia

March 2012, "RACs and the Medicare and Medicaid Appeal Process," Lorman Educational Services, Independence, Ohio

February 2012, "How to Survive a Government Audit," Lorman Educational Services, Akron, Ohio

December 2011, "Audit or Investigation...Coin Toss?" Cincinnati Bar Association, Cincinnati, Ohio

December 2011, "Risk Management...An Oxymoron?" Ohio Health Care Association, Columbus, Ohio

November 2011, "Managed Care Contracts," Ohio Association of Medical Equipment Services, Columbus, Ohio

October 2011, "Nursing Home Transactions - Why and How" Ohio Health Care Association, Columbus, Ohio

June 2011, "Health Care Reform-What Health Care Providers Need to Know: Accountable Care Organizations" LeadingAge, Columbus, Ohio

June 2011, "Yikes! It's the Cops." National Society of Certified Healthcare Business Consultants, Cincinnati, Ohio

May 2011, "Yikes! It's the Cops." Ohio Health Care Association, Columbus, Ohio

February 2011, "Medicare and Medicaid Integrity Programs...How to Maintain Your Integrity" Ohio Health Care Association, Columbus, Ohio

December 2010, "Risk Management...An Oxymoron?" Ohio Health Care Association, Columbus, Ohio

October 2010, "Privacy and Confidentiality:Social Networking, Hi-Tech Act Provisions, HIPAA Update," Omnicare Fall Healthcare Symposium, various locations throughout Ohio

August 2010, "How to Survive a Government Audit," Lorman Educational Services, Akron, Ohio

August 2010, "RACs and the Medicare Appeal Process," National Government Services, Louisville, Kentucky

August 2010, "Confidentiality of Medical Records," Lorman Educational Services, Akron, Ohio

June 2010, "Medical Records Do's and Don'ts," Jilltin Management Company, Wadsworth, Ohio

May 2010, "RACs and the Medicare Appeal Process," Ohio Health Care Association, Columbus, Ohio

April 2010, "Physician/Hospital Relationships and Dealing with the Government," HFMA/NW Ohio Chapter, Perrysburg, Ohio

April 2010, "Freedom of Choice," Morgantown Home Care Association, Morgantown, West Virginia

March 2010, "Disclose or Not Disclose Resident Records...That is the Question," Ohio Health Care Association, Columbus, Ohio

March 2010, "Ohio Pharmacy Law -- 2010 Update," Ohio Pharmacy Council, Columbus, Ohio

February 2010, "Observation Beds...and Other Stuff," Scioto County Medical Society, Portsmouth, Ohio

September 2011, "RACs and the Medicare and Medicaid Appeal Process" HFMA/West Virginia Chapter; Wheeling, West Virginia

 
ISLN906512027
 

Documents by this lawyer on Martindale.com

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CMS Clarifies Physician Delegation of Tasks in SNFs and NFs
Simi Botic,Thomas W. Hess, May 1, 2013
The Centers for Medicare and Medicaid Services (“CMS”) released an important instruction for physicians, non-physician practitioners (“NPPs”) and providers who bill for services provided in skilled nursing facilities (SNFs) and nursing facilities (NFs). In its instruction,...

Resubmission of Hospital Claims
Thomas W. Hess,Tyler Williams, March 14, 2013
On February 13, CGS Administrators, the Parts A and B Medicare Administrative Contractor for Kentucky and Ohio, relayed instructions to Medicare hospitals paid under the Inpatient Prospective Payment System from the Centers for Medicare and Medicaid Services regarding recent denied inpatient claims...

2013 Brings Significant Criminal Background Check Changes for Ohio HHAs
Thomas W. Hess,Tyler Williams, December 20, 2012
The Ohio Department of Health has proposed new administrative rules scheduled to take effect January 1, 2013 that will significantly impact the obligations of a home health agency (“HHA”) regarding background checks of its current and potential employees.



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Office Information

Thomas W. Hess
Dinsmore & Shohl LLP
191 W. Nationwide Boulevard, Suite 300
Columbus, OH 43215




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