Experience
Jay has represented nonprofit organizations and health care providers for over 19 years including the following representative projects:
- Representation of a large hospital system in connection with one of the 20 large-case hospital audits recently initiated by the IRS
- Representation of merging nonprofit organizations in connection with antitrust litigation initiated by the Minnesota Attorney General
- 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 numerous nonprofit organizations in corporate restructuring involving for-profit and nonprofit enterprises
- Design and implementation of joint ventures involving nonprofit and for-profit organizations
- Representation of the University of Iowa medical school and hospital in establishing a PHO and joint venture to deliver managed care services
- Incorporation and representation of North Central Texas HEDIS Coalition
- Representation of Metropolitan Healthcare Council in merger with Minnesota Hospital Association
- Representation of nonprofit organizations in Qui Tam Litigation by private "whistleblower" plaintiffs in the name of the United States of America
- Creation and representation of numerous startup nonprofit organizations
- Advice and litigation regarding charitable purposes of restricted gifts
- Application for tax-exempt status and "private foundation" issues
- Fiduciary duty issues for nonprofit officers and directors
- Conversion of for-profit organizations into nonprofit corporations
- The Best Lawyers in America, Health Care Law, 2008–2009
- Super Lawyers, Health Care, 2009
- American Bar Association, former Health Law Section Chair
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
- The Best Lawyers in America, Health Care Law, 2008–2009
- Super Lawyers, Health Care, 2009
- 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