Gerald A. Niederman

Partner

GNiederman@faegre.com
office:303-607-3684
Denver office
3200 Wells Fargo Center
1700 Lincoln Street
Denver, CO 80203-4532

Media Mentions

05-April-2010 - Johnson and Niederman Explain Changes Under New Health Care Law

Education

The University of Chicago Law School
J.D. (1977)
Columbia University
A.B. (1973)

Articles

25-May-2010 - Preparing for Health Care Reform: Implications and an Action Plan for Providers29-January-2010 - Accountable Care Organizations: Executive Briefing for Health Care Decision-Makers31-December-2009 - Hospitals, Physicians and Health Care Reform: How Your Organization Can Prepare05-June-2009 - Clinical Integration and EHRs: The Convergence of Compliance and Business Opportunity18-May-2009 - CMS Clarifies New Patient Notice Rule for Ambulatory Surgical Centers

News

09-August-2010 - Ninety-Eight Faegre & Benson Lawyers Listed in The Best Lawyers in America12-March-2010 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado31-July-2009 - 100 Faegre & Benson Lawyers Listed in The Best Lawyers in America

Bar Admissions

Colorado Illinois

Events

12-January-2010 - 2010 Health Care Regulatory Update 13-January-2009 - 2009 Health Care Regulatory Update15-January-2008 - 2008 Health Care Regulatory Update

Webcasts

13-September-2010 - Webcast: Practical Strategies for Developing and Operating Your Accountable Care Organization

Experience

A partner at Faegre & Benson, Gerry represents health care organizations and related nonprofit entities in Colorado and throughout the United States. His clients include facilities, practitioner groups, and related businesses, as well as trade associations and other enterprises serving the health care industry. He is a frequent author and speaker on a variety of contemporary health care issues.

Gerry offers clients a detailed understanding of legal and business variables involving the delivery and reimbursement of health care services. He has extensive experience working in the managed care field, developing integrated networks, and helping hospitals and physicians build and sustain innovative business arrangements. He is actively engaged in addressing challenges and opportunities related to health care reform initiatives.

Gerry's practice includes transactional and regulatory work on behalf of numerous traditional and emerging clients in the health care arena. Key projects include the following matters:

  • Service as counsel for the Medical Group Management Association
  • Service as counsel for the Colorado Hospital Association
  • Service as counsel for the Colorado Ambulatory Surgery Center Association
  • Representation of other national and regional health care trade associations
  • Developing numerous single and multi-specialty ambulatory surgical centers, including physician-hospital joint ventures and providing ongoing compliance and operational counsel for various ASCs
  • Representation of several provider networks and related organizations, including counsel on financial and clinical integration and related antitrust and other compliance issues
  • Developing integrated delivery systems and other contemporary physician-hospital organizations
  • The successful defense of a state antitrust investigation of a physician group
  • Obtaining a favorable FTC Advisory Opinion on antitrust compliance and provider information exchanges
  • Negotiation of various managed care contracts involving hospitals, physician groups and other providers, and providing counsel related to out-of-network contracting strategies
  • Responding to numerous state and federal regulatory inquiries to health care providers
  • Representation of several single and multi-specialty physician groups
  • Establishment of provider-owned community health plans
  • Establishment of a physician-owned acute care hospital
  • Development of several provider-owned and entrepreneurial management services organizations

Gerry frequently confronts complex regulatory and related business issues including antitrust, exempt organization, Medicare/Medicaid fraud and abuse, and Stark Law self-referral considerations. In addition, his representation of acute care and ambulatory health care facilities, as well as ancillary service providers, involves numerous third-party reimbursement, insurance law, licensure, contracting and related matters on an ongoing basis.

Professional Recognition

  • The Best Lawyers in America, Health Care Law, 2006–2011
  • Super Lawyers, Health Care, 2006–2010
  • Best Health Care Lawyer, Law Week Colorado, 2009
  • Best of the Bar Award for Health Care, Denver Business Journal
  • Ally Award, Women's Vision Foundation

Presentations

  • Pitfalls and Opportunities for Health Care Lawyers: Is PPACA Replacing Stark and HIPAA as the New Attorney Relief Act? A Panel Discussion with Health Care Attorneys
    Colorado Bar Association (2010)
  • Accountable Care Organizations: Executive Briefing for ASC Stakeholders and Decision-Makers
    Colorado Ambulatory Surgery Center Association, Spring Conference (2010)
  • Accountable Care Organizations: Executive Briefing for Healthcare Decision Makers
    Colorado Hospital Association (2010)
  • Legal and Business Considerations for Hospital-Physician Integration
    Colorado Hospital Association (2010)
  • Accountable Care Organizations
    Child Health Corporation of America, Strategic Planning and Business Development Forum (2010)
  • Legal and Regulatory Update
    Integrated Delivery Round Table (2010)
  • Banding Together: Colorado's New Hospital Provider Fee
    Colorado Hospital Association Health Care Regulatory Update (2010)
  • Current Regulatory Developments: An Overview
    Colorado Ambulatory Surgery Center Association, Spring Conference (2009)
  • Update on Legal Issues Affecting ASCs
    ASC Association, 2008 Annual Meeting (2008)
  • Fiduciary Responsibilities and Board Members: What State Associations Need to Know
    MGMA State Leaders Conference (2008)
  • Deemed Status and ASC Licensure: Background and Issues
    CASCA Accreditation Roundtables (2007)
  • Current Antitrust Issues for Physician Groups
    Medical Group Management Association Annual Conference (2006)
  • Stark Law and Related Regulatory Issues in Physician Imaging
    BONES Society, Inc., 37th Annual Conference (2006)
  • Strategies for Improving ASC/Insurer Relationships
    Federated Ambulatory Surgery Association 2006 Annual Conference (2006)
  • Selective Contracting and ASCs: A View from the Trenches
    Federated Ambulatory Surgery Association 2006 Legislative and Compliance Seminar (2006)
  • Economic Credentialing and Selective Contracting: Current Legal Issues
    Medical Group Management Association Annual Conference (2005)
  • Revenue Diversification Issues and the ASC Platform
    Colorado Ambulatory Surgery Center Association (2005)
  • Current Regulatory Issues for Physicians: Revenue Diversification and Related Opportunities
    Colorado MGMA 2003 Fall Conference (2003)
  • Stark, Medicare and OIG Updates
    BONES 2003 Conference (2003)
  • Legal Issues that Impact the Practice of Allergy
    60th Anniversary Meeting of the American Academy of Allergy, Asthma & Immunology (2003)
  • The HIPAA Privacy Rules and Integrated Delivery Systems
    The Privacy Work Group of The Colorado Health and Hospital Association (2002)
  • A Practical Guide to HIPAA Privacy Law: General Principles and Compliance
    Association of Community Radiation Recovery Centers (2001)
  • Legal Issues in Technology for Physician Group Practices
    Medical Group Management Association Annual Meeting (2001)
  • Current Compliance Issues: Fraud and Abuse and Privacy
    Montana Medical Group Practice Association Annual Conference (2001)
  • The Health Insurance Portability and Accountability Act
    Faegre & Benson LLP Privacy Seminar (2001)
  • Stark and Fraud and Abuse Update: So What Does a Physician Practice Do Now?
    Financial Management Society and Managed Care Assembly of the Medical Group Management Association (2001)
  • Legal Issues for Physician Hospital Joint Ventures
    Medical Group Management Association Annual Conference (2000)
  • The Impact of Rising Prescription Drug Costs
    Healthcare in Transition Conference (1999)
  • Technical Issues Related to Physicians and Prescription Drug Risk
    Healthcare in Transition Conference (1999)
  • Legal Issues on Integration: Current Developments
    Medical Group Management Association Annual Conference (1999)
  • Legal Issues Related to 'Devolution' of Integrated Systems
    Institute for Health Care Strategies (1999)
  • The New Frontier: Legal and Business Issues in Hospital-Physician Gainsharing
    Health Facilities Management Association (First Illinois Chapter) Annual Meeting (1999)
  • Regulatory Update for Hospital Executives
    VHA Mountain States, Inc., Annual Conference for Chief Financial Officers (1999)
  • Current Legal Issues in Health Care Integration
    Medical Group Management Association Annual Meeting (1998)
  • Fraud and Abuse Compliance Issues
    Orthopedic Assembly of the Medical Group Management Association (1998)
  • Stark II Compliance Issues
    TAG International, Inc., Annual Meeting (1998)

Publications

  • Clinical Integration and EHRs: The Convergence of Compliance and Business Opportunity
    Faegre.com (2009)
  • CMS Clarifies New Patient Notice Rule for Ambulatory Surgical Centers
    Faegre.com (2009)
  • Economic Stimulus Package Sends Clear Message: Adopt EHR Technology Now or Pay the Price Later
    Faegre.com (2009)
  • Using Quality-Focused Networks to Align Hospital and Medical Staff Relationships
    Faegre.com (2008)
  • The Good, the Bad and the Ugly: New Federal Regulation of Specialty Hospitals
    Denver Business Journal (2006)
  • The FTC's Evanston Northwestern Case: A New Day for Healthcare Antitrust Enforcement
    Faegre.com (2006)
  • The Return of Gainsharing
    Denver Business Journal (2005)
  • Legal Issues and Community Health Information Networks (co-author)
    Faegre.com (2004)
  • Understanding the Final Rule Under Stark II (co-author)
    Faegre.com (2004)
  • Take Two-Bytes and Call Me in the Morning: The use of e-mail by health care providers
    Denver Business Journal (2003)
  • New Legal Standards for Physician/Hospital Joint Ventures
    Denver Business Journal (2003)
  • Scope and Effect of the Final HIPAA Privacy Regulations
    Performance and Practices of Successful Medical Groups Survey Report (MGMA) (2001)
  • Breaking Up is Hard to Do: Business and Legal Issues of Physician Practice Divestitures
    Medical Group Management Association (2000 and 2001)
  • Evaluation of the Legal Environment
    An Assessment Manual for Medical Groups (4th Ed.) (2000)
  • "Legal Issue Update" in Integrated Health Care: Lessons Learned
    Medical Group Management Journal (MGMA) (1999)
  • New Stark Regulations: Key Issues for Health Care Decision-Makers
    Medical Group Management Journal (MGMA) (1998)
  • Proposed Stark II Regulations Can Only Go So Far in Remedying a Bad Law
    Medical Group Management Update (MGMA) (1998)

Trade Organizations

  • Ambulatory Surgery Center Association
  • American Health Lawyers Association
  • American Society of Medical Association Counsel
  • Colorado Bar Association
  • Medical Group Management Association

Civic Associations

  • Colorado Coalition for the Medically Underserved, board of directors
  • Colorado Lawyers Committee Health Care Reform Task Force
  • Mental Health Association of Colorado, past president

Related Practices

Antitrust and Trade Regulation
Health Care Regulatory Compliance and Reimbursement
Health Care Transactions
Privacy and Data Security

Related Industries

Health Care
Nonprofit Organizations

Media Mentions

05-April-2010 - Johnson and Niederman Explain Changes Under New Health Care Law

Education

The University of Chicago Law School
J.D. (1977)
Columbia University
A.B. (1973)

Articles

25-May-2010 - Preparing for Health Care Reform: Implications and an Action Plan for Providers
29-January-2010 - Accountable Care Organizations: Executive Briefing for Health Care Decision-Makers
31-December-2009 - Hospitals, Physicians and Health Care Reform: How Your Organization Can Prepare
05-June-2009 - Clinical Integration and EHRs: The Convergence of Compliance and Business Opportunity
18-May-2009 - CMS Clarifies New Patient Notice Rule for Ambulatory Surgical Centers
04-March-2009 - Economic Stimulus Package Sends Clear Message: Adopt EHR Technology Now or Pay the Price Later
23-September-2008 - Using Quality-Focused Networks to Align Hospital and Medical Staff Relationships
24-August-2006 - The End Of The Moratorium: A SWOT Analysis for Specialty Hospital Decision-Makers
20-September-2004 - Health Information Technology: Opportunities in an Evolving Compliance Environment
03-April-2003 - Expanding Beyond Professional Service Revenue – Experiences, Regulatory Issues and Lessons Learned

News

09-August-2010 - Ninety-Eight Faegre & Benson Lawyers Listed in The Best Lawyers in America
12-March-2010 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
31-July-2009 - 100 Faegre & Benson Lawyers Listed in The Best Lawyers in America
16-March-2009 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
01-October-2008 - The Best Lawyers in America 2009 Includes 94 from Faegre & Benson
31-March-2008 - The Best Lawyers in America 2008 Includes 80 from Faegre & Benson
19-March-2008 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado
23-March-2007 - Faegre & Benson Attorneys Named to Super Lawyers in Colorado and Iowa

Bar Admissions

Colorado
Illinois

Events

13-September-2010 - Webcast: Practical Strategies for Developing and Operating Your Accountable Care Organization
12-January-2010 - 2010 Health Care Regulatory Update
13-January-2009 - 2009 Health Care Regulatory Update
15-January-2008 - 2008 Health Care Regulatory Update
10-January-2007 - 2007 Health Care Regulatory Update