Jay D. Christiansen

Partner

JChristiansen@faegre.com
office:612-766-8416
Minneapolis office
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901

Experience

Jay D. Christiansen is a partner in Faegre & Benson's Minneapolis health law practice.

Jay is a Past Chair of the American Bar Association's Health Law Section, an association of over 9,000 health law attorneys. He is a frequent speaker nationally on Medicare fraud and abuse, the Stark law, and provider disclosure and repayment obligations. He has moderated several expert panel discussions focusing on these areas in programs televised from Washington, D.C. by the American Bar Association. Past panel groups have included high-ranking Office of Inspector General officials (including Chief Counsel for OIG), Department of Justice lawyers from around the country, and other nationally known attorneys practicing in compliance areas. He also served as the Chair of the American Bar Association's Task Force which submitted comprehensive comments to CMS regarding the Stark II Phase II regulations.

He has represented hospitals, physicians, HMOs and numerous health-related joint ventures for over 25 years including the following representative projects:

  • Representation of providers in numerous fraud and abuse investigations by OIG and DOJ
  • Representation of defendants in qui tam litigation by private "whistle-blower" plaintiffs in the name of the United States of American regarding the submission of false claims
  • Representation of hospitals owned by cities, counties and hospital districts in conversions to status as nonprofit tax-exempt corporations
  • Representation of numerous health systems and physician practices in connection with health system-physician integration, which typically involved complicated tax, employee benefits, fraud and abuse, and private inurement issues
  • Conversion of for-profit corporations into nonprofit corporations
  • Representation of the physicians in the so-called "Rapid City" case in which False Claim Act violations were alleged based on an asserted violation of the Stark Act
  • Representation of physician-owned Ambulatory Surgical Center and Specialty Hospital companies
  • Representation of a physician-owned Ambulatory Surgical Center in connection with a False Claims Act case brought by a former physician shareholder
  • Representation of nonprofit organizations and individuals in connection with litigation commenced by the Minnesota Attorney General alleging price fixing, boycott and other antitrust violations
  • Representation of merging nonprofit organizations in connection with antitrust litigation initiated by the Minnesota Attorney General
  • Representation of one-half of the hospitals in the State of Minnesota initially identified for a self audit under the United States Attorney's lab unbundling project investigation
  • Advice and counsel to physicians and hospitals in the area of physician recruitment in view of the private inurement restrictions imposed on hospitals, the anti-kickback statute, antitrust laws and medical ethics
  • Representation of a physician-owned limited partnership which owns and operates mobile lithotripsy equipment
  • Representation of a hospital in connection with the construction of a new medical office building on its campus which was exchanged for the existing building of the tenant physicians on a tax-free basis
  • Formation and representation of a joint venture among hospitals to operate an air ambulance service
  • Representation of three hospital systems in the acquisition of a county hospital
  • Design and implementation of a joint venture whereby hospitals from five different corporate families collectively negotiated with an HMO for the provision of hospital care to Medicare enrollees on a capitated basis
  • Fiduciary duty issues for nonprofit officers and directors
  • Representation of a rural nonprofit hospital regarding a long term lease to a large health system
  • Representation of the University of Iowa medical school and hospital in establishing a PHO and joint venture to deliver managed care services
  • Design and implementation of joint ventures involving nonprofit and for-profit organizations
  • Representation of MeritCare Health System in connection with its affiliation with Sanford Health to form Sanford Health-MeritCare–one of the largest rural health systems in the country
  • Representation of many of the largest VHA hospitals in the midwest in connection with the formation of a consolidated purchasing entity

Professional Recognition

  • The Best Lawyers in America, Health Care Law, 2008–2009
  • Super Lawyers, Health Care, 2009

Trade Organizations

  • American Bar Association, former Health Law Section Chair

Related Practices

Health Care Regulatory Compliance and Reimbursement
Health Care Transactions
Internal and Government Investigations

Related Industries

Health Care
Nonprofit Organizations

Education

Vanderbilt University Law School
J.D., Order of the Coif, Law Review (1977)
Luther College
B.A., magna cum laude (1974)

Articles

30-March-2009 - OIG Open Letter to Providers Regarding Self-Disclosure Protocol: Knock and the Door May Not Be Opened
19-September-2008 - Perspectives on Integrated Delivery System Legal and Organizational Structure

News

03-August-2009 - Faegre & Benson Attorneys Named to Minnesota Super Lawyers List
31-July-2009 - 100 Faegre & Benson Lawyers Listed in The Best Lawyers in America
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

Bar Admissions

Minnesota

Events

22-April-2010 - How Health Care Reform Will Affect Minnesota
26-January-2010 - 2010 MHA Health Care Regulatory Update
01-August-2007 - Proposed 2008 Stark Rule Changes: New Restrictions Will Pose Stark Choices