Katherine Benesch, the Principal in Benesch & Associates, LLC, has over 20 years’ experience as a litigator, counselor, arbitrator and mediator in law firms in New Jersey and Pennsylvania (most recently as a Partner at Duane Morris, LLP from 2001 through 2011). Ms. Benesch practices primarily in the areas of healthcare law and alternative dispute resolution (ADR), with experience in all aspects of the healthcare industry. Her experience includes work with hospitals, hospital-physician relationships, physician group practices, credentialing matters, managed care risk contracting, academic medical centers, state and federal regulatory issues, reimbursement (including Medicare/Medicaid), fraud and abuse, (including Stark Law, anti-kickback and False Claims Act issues), telemedicine, managed care, contracting, employment and licensing matters. As a litigator, Ms. Benesch has represented clients in trial, appellate cases and administrative hearings involving physician, hospital and managed care liability, contract, credentialing, commercial, employment and reimbursement disputes, state licensure issues and research misconduct. As a counselor, arbitrator and mediator, she has handled many types of cases, including disputes over clinical research trials, reimbursement, managed care systems, hospital-physician relationships, shareholder disputes and commercial and risk-sharing contracts and issues arising under the Affordable Care Act.
Ms. Benesch is a member of the American, Mercer County, New Jersey and Pennsylvania bar associations, the American Health Lawyers Association (a former Vice Chair of its Labor & Employment Law Practice Group), and is a Fellow of the American Bar Foundation and a Fellow of the American Health Lawyers Association. She has written numerous articles and lectured nationally and internationally before healthcare and legal organizations on complex healthcare, managed care, litigation and arbitration/mediation issues. Ms. Benesch is a member of the Advisory Board of the BNA Health Law Reporter, has served on the American Arbitration Association Healthcare Advisory Council, and is chair of the CPR Healthcare and Life Sciences Committee.
Ms. Benesch has served as President of the Princeton Bar Association, Chair of the Health and Hospital Law Section of the New Jersey State Bar Association, Chair of the Princeton Regional Health Commission and Governor of the American Bar Association Health Law Section. Ms. Benesch has been appointed to the District Panel of Mediators of the United States District Court for the District of New Jersey, the Commercial Panel of Arbitrators, the Panel of Mediators, the Large Complex Case Panel and the National Healthcare Panel of the American Arbitration Association. She is an arbitrator and mediator for the American Health Lawyers Association, and has served as a member of its 5-person ADR Service Review Board. Ms. Benesch also serves as a Distinguished Neutral for the CPR Bio Tech and Healthcare and Life Sciences Panels. She has served as an Adjunct Assistant Professor at the University of Pittsburgh School of Medicine and at the Robert Wood Johnson University Medical School, on the Technical Review Board of the Princeton Journal of Bioethics, and as a faculty member in the “Medicine and Law” course at the University of Medicine and Dentistry of New Jersey. She was named by Nightingale's Healthcare News as one of twelve Outstanding Hospital Attorneys for 2004, has been elected a Super Lawyer by her peers since 2005 and is listed as one of New Jersey’s Top Rated Lawyers. She has an AV Preeminent Peer Review Rating with Martindale Hubbell.
Admitted to practice in New Jersey, Pennsylvania and the District of Columbia, Ms. Benesch is a graduate of Duquesne University School of Law, Yale University School of Medicine (M.P.H.) and Wheaton College.
• Sole Arbitrator in successfully resolved $200,000,000 healthcare contract dispute
• Mediator of copyright lawsuit in federal court over Grammy award-winning hip-hop music
• Chair of three-Arbitrator panel in multi-million dollar claims for breach of reimbursement agreement in Puerto Rico. (Distinguished panel included retired Chief Justice of the Supreme Court of the State of Delaware.)
• Arbitrator on three-member panel with the retired Chief Judge of the New York Court of Appeals and the retired Chief Justice of the Delaware Court of Chancery.
• Arbitrator interpreting complex managed care contract for radiology services and determining reimbursement of 700 contract claims.
• Lead Counsel in negotiation of multimillion-dollar exclusive contract to staff nonprofit hospital emergency department.
• Lead Counsel for key defendant in New Jersey action by a suspended physician in state trial, appellate and supreme courts, resulting in dismissal of client after 7 years of litigation
• Lead Counsel to home health services corporation in first impression administrative and appellate court litigations resulting in reimbursement under state health insurance plan.
• Counsel to national telemedicine corporation in development of physician services and hospital contracts throughout the U.S.
• Negotiation of all managed care contracts for academic medical center faculty of over 500 physicians.
• Counsel to academic medical center in development of cardiothoracic surgery program and acquisition of major orthopedic surgery practice.
• Counsel in numerous matters in state and federal trial and appellate courts involving the rights of physicians to practice medicine on a hospital staff. Cases involved multiple claims, including breach of contract, antitrust, defamation, tortious interference, age discrimination and infliction of emotional distress. Favorable results were achieved prior to trial in all cases.
• Arbitrator restructuring physicians' practices and resolving medical practice shareholder disputes.
• Counsel to large nonprofit hospital on Stark, anti-kickback and Medicare reimbursement matters.
• Mediation of a $25 million managed care reimbursement lawsuit, resolved through renegotiation of $400 million nationwide agreement.
• Development and representation of professional corporations on two campuses for full-time faculty of a major academic medical center.
• Representation of healthcare and other professionals and organizations in administrative hearings before state licensing boards, Departments of Banking and Insurance and Consumer Affairs, with successful outcomes in almost all cases.
• New Jersey and Pennsylvania Defense Counsel to one of the premier national research laboratories in cases in federal and state courts involving the Freedom of Information Act, the False Claims Act, its qui tam provisions and routine commercial litigation. All cases dismissed against clients.
• Representation of professional corporations and healthcare organizations in mergers and acquisitions, including development of governance, operational and compensation documents.
Honors and Awards
• Named a Fellow of the American Health Lawyers Association
• Named one of New Jersey’s Top Rated Lawyers, 2012 to present
• Elected by peers as New Jersey Super Lawyer, 2005 to present
• Elected a Member of National Academy of Distinguished Neutrals and the New Jersey Academy of Mediators and Arbitrators
• Named by Nightingale's Healthcare News as one of twelve Outstanding Hospital Attorneys, 2004
• Appointed Chair, Healthcare and Life Sciences Committee, International Institute for Conflict Prevention and Resolution (CPR)
• Appointed to American Arbitration Association National Healthcare Advisory Council
• Advisory Board, BNA Health Law Reporter
• Elected President, Princeton Bar Association
• Elected Chair, New Jersey State Bar Association Health & Hospital Law Section
• Governor, ABA Health Law Section
• Elected Fellow, American Bar Foundation
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
• Certified by the United States District Court for the District of New Jersey to serve on its District Panel of Mediators
• Selected by Kenneth Feinberg as a Mediator/Arbitrator in the Sandy Voluntary Alternative Dispute Resolution Program
• Adjunct Assistant Professor, Univ. of Pittsburgh School of Medicine and the Robert Wood Johnson Univ. Medical School
• “Health-Care Arbitration Developments: Who Decides, the Arbitrator or the Court?” 25 BNA Health Law Reporter 463 (April 7, 2016)
• “ How to Save Time and Cost in Health Care Arbitration: Can it Really Be less Expensive than Litigation?” 69(3) Dispute Resolution Journal 1 (2014)
• “ How to Save Time and Cost in Health Care Arbitration: Can it Really Be less Expensive than Litigation?” 23 BNA Health Law Reporter 647 (May 8, 2014)
• Co-author, “Arbitration and Mediation in the New Health Care Universe,” American Health Lawyers Association, February 2014
• “Recent Developments in Arbitration & Mediation of Healthcare Disputes,” Pennsylvania Bar Institute, March 2013
• “Why ADR and Not Litigation for Healthcare Disputes?,” 66 (3) Dispute Resolution Journal 52 (August-October 2011)
• "Health Care Providers' Dilemma: The New Stark Law Self-Referral Disclosure Protocol," New Jersey Law Journal N.J.L.J. 166, January 17, 2011
• Co-author, "CMS's Stark Law Self-Referral Disclosure Protocol Raises Tough Decisions
for Healthcare Providers," Duane Morris Alert, October 14, 2010
• Benesch & Associates, LLC
• Duane Morris LLP
- Partner, 2001-2011
• Archer & Greiner, P.C., Princeton, New Jersey
- Partner, 1999-2001
• Law Offices of Katherine Benesch, Lawrenceville, New Jersey
(formerly Benesch & Obade, P.C.)
- Principal, 1994-1998
• Hannoch Weisman, Trenton, New Jersey
- Director, 1991-1994
• Katherine Benesch & Associates, Pittsburgh, Pennsylvania
- Principal, 1986-1991
• Mellon Bank Corporation, Pittsburgh, Pennsylvania
- Attorney, 1984-1986
• Specter & Buchwach, P.C., Pittsburgh, Pennsylvania
- Associate, 1982-1984
• Presbyterian-University Hospital
- Assistant Executive Director and Legal Counsel, 1980-1981
• Dickie, McCamey & Chilcote
- Associate, 1977-1980
Civic and Charitable Activities
• Board Member, Association for the Advancement of Mental Health
- Executive Committee
- Chair, Development Committee
• Chairman, Regional Health Commission, Princeton, New Jersey, 1995-1997
• Board Member, Princeton Future
• New Jersey State Bar Association
- Former Chair, Health and Hospital Law Section
• Princeton Bar Association
- Former President
• Mercer County Bar Association
• Association of the Federal Bar of the State of New Jersey
• Pennsylvania Bar Association
- House of Delegates
- Vice Chair, Judicial Inquiry and Review Board Committee
- Civil Litigation and Labor Sections
• Allegheny County Bar Association
- Board of Governors
- Former Chair, Young Lawyers Section
• Healthcare Financial Management Association
• American Arbitration Association
- Commercial Arbitration Panel
- National Healthcare Panel
• Special Master, Court of Common Pleas of Allegheny County
• Arbitrator, Manville Personal Injury Settlement Trust
• Arbitrator, Dalkon Shield Program, Duke University Private Adjudication Center
• Academy of Trial Lawyers
• University of Pittsburgh Center for Medical Ethics
• Catholic Health Association of the United States
- Committee on Legal Services
• Robert Wood Johnson University Medical School
- Adjunct Professor, 2001-2006
• Adjunct Assistant Professor, University of Pittsburgh School of Medicine, 1981-1993