Michael M.
Schmidt
Shareholder
Michael M. Schmidt’s practice is concentrated in representing physicians, physician organizations and hospitals and academic medical centers. He also advises managed care organizations regarding federal and state regulatory compliance and contracting matters. Mr. Schmidt advises both hospitals and physicians regarding compliance with the Medicare Fraud and Abuse and Stark laws, establishing Medicare compliance plans, and business and contracting issues. Mr. Schmidt also counsels health care organizations regarding joint venture and LLC formation and operation. He advises tax-exempt entities regarding tax exemption and intermediate sanctions
laws.
Mr. Schmidt lectures nationally on Stark and Fraud and Abuse Laws, Medicare compliance plans, physician issues, and hospital and Institutional Review Board and research/clinical trials operational, compliance, risk management and conflict issues. Mr. Schmidt has chaired or lectured at seminars and conferences on health law (including Medicare compliance, fraud and abuse, and false claims), antitrust law and tax law. Mr. Schmidt is a member of the American, Colorado and Denver Bar Associations, the American Health Lawyers Association, Medical Group Management Association and Healthcare Financial Management Association, and is actively involved in numerous committees of these
organizations.
Mr. Schmidt received both his undergraduate degree in Business Administration and his J.D. from The Ohio State University. He has practiced in the health care field since
1982.
Personal: Born New York, New York, January 22, 1957; admitted to bar, 1982, Ohio; 1994,
Colorado.
Representative Publications:
Author: “Interpreting and Applying Colorado’s “Stark” Statute: Colorado’s Compliance
Conundrum,” The Colorado Lawyer (2001); “Professional Courtesy Discounts Under
Siege,” The Colorado Lawyer (1999); “Neither Aider Nor Abettor
Be,”
Journal of Health Law (1999); “Ninth Circuit Overturns Individual Joint Venture Owners Exclusion For Alleged Fraud and Abuse
Violation,” The Colorado Lawyer, (1995).
Representative Presentations:
"Tax
Exempt Organizations: A Look Back and A Look Forward," "Summary
Analysis of the Fifth Circuit's November 7, 2003 Opinion in St.
David's Health Care System," HFMA Colorado Chapter and
Colorado Bar Association Health Law Section (2003); "The
HIPAA Privacy Rule: How To Implement It Into Your Medical Practice"
(2003); Conference Chairman "Identifying and Moderating Antitrust Risks," Colorado Bar Association and CLE, Inc. (March 2003); "What Will HIPAA Mean to AIM Members in the Future?" Administrators of Internal Medicine (AIM) 23rd Annual Educational Conference (2002); "Human Subject Research Programs: How to Integrate HIPAA's Final Rules into a Hospital's Human Subject Protection Program or IRB Policies" Colorado Health and Hospital Association (CHHA) (2002);
"Modern Tomb Raiders: Nonprofit Organizations' Impermissible Use Of Restricted Funds"
(2002); "Human Subject Research Programs: How To Integrate Hipaa's Final Rules Into A Hospital's Human Subject Protection Program Or Irb Policies"
(2002); “Hot Legal and Medical Topics Confronting Physicians in
2002,” CMGMA Conference (2002); “The Revenue Side,” “The Production Side,” “Scrutinizing Managed Care Contracts,” and “Mechanics of Being Paid – Right!,” The Spine Education and Research Institute (2001 and 2002);
“Roadmap For Tax Compliance: Update Regarding Exempt Organizations’ Participation In Joint Ventures And Compliance With New IRS Intermediate Sanction
Regulations,” Colorado Bar Association – HFMA (2001); “A Critique of Existing Financial Conflict of Interest Rules Pertaining to Human Clinical Trials and a Modest Proposal for Regulatory Reform” American Bar Association Emerging Issues in HealthCare Conference (2001); “Provider Groups: Breaking Up Is Hard To Do” Firm Seminar (2000);
“Small Medical Group Compliance Plans” American Bar Association Physician Law Conference (1999); “IRS Intermediate Sanctions and Tax Exempt Organization Joint Ventures,” Colorado Bar Association – HFMA Conference (1999); “Hot Issues to Spot in Common Health Care Contracts,” Colorado Bar Association Annual meeting (1998); “Stark II - It’s Here!” Colorado Hospital Association (1994);
“A Compendium Of Healthcare And Health Law Related Internet
Websites;” “Physician Management Service Agreement;”
“Revolutionary IRS Intermediate Sanctions Adopted: Taxes Assessable Against Directors, Officers And Disqualified
Persons;” “Spotting Legal Issues In Common Health Care
Contracts.”
Return to more Attorney Profiles
To view PDF
publications, you must have Adobe's Acrobat reader. For a
free download, click
here.
|
