Michael A. Cassidy, Esq.
MICHAEL A. CASSIDY, ESQ.
TUCKER ARENSBERG, P.C.
1500 ONE PPG PLACE
PITTSBURGH, PA 15222
(412) 594-5515
mcassidy@tuckerlaw.com
I.
EDUCATION
Brown
University, A.B.
Political Science, 1974
University of Pittsburgh,
J.D., 1977
II. II. STATE LICENSES,
COURTS, BAR ASSOCIATIONS AND PROFESSIONAL SOCIETIES
1. Admitted to Practice in
Pennsylvania and West Virginia
2.
States and Courts
United
States Supreme Court, United States Tax Court, Third Circuit Court of Appeals,
Sixth Circuit
Court of Appeals, District Court for the Western District of
Pennsylvania, Pennsylvania Supreme Court,
and West Virginia Supreme Court
3.
Bar Associations
Pennsylvania Bar Association
Committees: Healthcare Malpractice Task Force,
Health Law Committee, Corporations and
Business Law
Allegheny County Bar Association
Past
Chairman, Vice-Chairman, and current Board member of Health Law Section
West
Virginia Bar Association
4.
4.
Professional Societies
American Health Lawyers
Association (AHLA). Member since 1986; current member of the Long Term Care,
Physician Organizations, and Medical Staff, Credentialing and Peer Review (MSCPR)
practice groups and Chair of the MSCPR practice group
Pennsylvania Bar Institute; Member of Health Law Advisory Committee
Pennsylvania Society of Healthcare Attorneys; Member of Board of Directors
(1992-2001)
Chairman of
ABA Task Force on Hospital/Physician Joint Ventures, Antitrust Section Health
Care Committee Task Force, 1988-1989
Member of
ABA Antitrust Healthcare Committee Task Force on Health Care Quality Improvement
Act, 1989-1991
III. III. PUBLICATIONS
AND LECTURES
A. A. NATIONAL
"Peer Review Hearing Guidebook",
American Health Lawyers Associates Contributing Arthur, 2008
"2008 Medicare Physician Fee Schedule Update",
Pennsylvania Bar Institute, Philadelphia, PA, March 11, 2008
“The New Joint Commission Standards - Ms.1.20",
American
Health Lawyers Association Teleconference Presenter, September 5, 2007
“Protecting Yourself in Peer Review; What the Bylaws Should Say and
What You Shouldn’t",
Semmelweis Society National
Meeting, May 13, 2007
“Is an LLC Right for You?",
National Business Institute,
September 25, 2006
“Poliner: A Texas-Sized Credentialing Verdict for Physicians",
AHLA
News,
September,
2006
“Investigating Concerns About Physician Conduct (and Misconduct):
How to Satisfy Both Healthcare Peer Review and Labor Law Requirements
Teleconference, ”
American Health Lawyers
Association Practice Group Teleconference, January 24, 2006
“Get Off My Grass: Physician Turf
Battles",
American Health Lawyers Association Teleconference Presenter, November 15, 2005
“On-Call
Coverage: EMTALA? Medical Staff? Compensation?”
American
Health Lawyers Association Teleconference Moderator, April 19, 2005
“The Delicate Balance: Lessons in
Hospital/Medical Staff Self Governance from the
Community
Memorial Hospital Case",
American Health Lawyers Association Teleconference Moderator, December 21, 2004
“The 10 Mistakes Physicians Make
Regarding Credentialing",
SEAK, Inc., December 2004.
“Criminal background Checks as Part of Healthcare Credentialing”
28th
Annual Conference and Exhibition Miami Beach, Florida, September 22, 2004
“The
Independent' Medical Staff -- What Would it Mean?",
American Health Lawyers Association Annual Meeting, New York, NY, June 29, 2004
Confidentiality of Peer Review Records: Fact or Fiction? American Health
Lawyers Association
- January 2004, Volume 8, Number 1
JCAHO
Medical Staff Standards for 2004,
a national teleconference sponsored by the National Association of Medical Staff
Services and Brownstown Publishers
American
Health Lawyers Association- Strategies in Reporting to the Data Bank -
Teleconference -
May 1, 2003
When are
Clinical Privileges Not Really Privileges? The Business Decision Fallacy -
Health Care Law Monthly
- February 2003
If
Medical Staff Bylaws are Contracts, Then Clinical Privileges Are Contract Rights
- Credentialing and Peer Review website,
February, 2003
iImmunity
for Credentialing Decisions Under Federal and State Law,
American Health Lawyers Association, January 2003
ERISA Preemption Conflict in the Third Circuit,
Matthew
Bender Health Care Law Monthly, December 2002
Legal Issues Involving Economic Credentialing,
Matthew Bender
Health Care
Law Monthly 2002
Hospital - Physician Credentialing and Contracting Issues,
American Health Lawyers Association Annual Meeting, San Francisco, California,
July 1 - 3, 2002.
Data Bank Reporting,
American Health Lawyers Association Annual Meeting, San Francisco, California,
July 3, 2002
“The Health Care Quality Improvement Act and The National
Practitioner Data Bank: Recent Developments”,
American Health Lawyers Association National Teleconference, November 1, 2001
“Health Care Compliance Manual”,
LexisNexis Publishing, 2001
“Group Practice Structure and Compensation Plans Under Stark II
Regulations”
Matthew Bender Health Care Law Monthly, May 2001
“The New Stark Rules: A Kinder, Gentler Version?”
Matthew Bender Health Care Law Monthly, March 2001
“Fraud in the Health Care Industry",
Chapter 26
of Business Crimes Treatise: Criminal Liability of Business Community,
published by Lexis Publishing Co., February 2001
“Fiduciary Duty Litigation Experiences Setbacks",
Matthew Bender Health Care Law Monthly, January 2001
“Dueling Interpretations: ER v. Specialists",
AHLA Physicians Organizations Newsletter and Matthew Bender Health Care Law
Monthly, October 2000
“AMA
Opposes Exclusive Credentialing",
Matthew Bender Healthlaw
Monthly, April 2000
“Managed
Care Safe Harbors",
Matthew Bender Healthlaw Monthly, February, 2000
“Physician Marketing and Legal Restrictions",
46th Annual Meeting of Robert H. Ivy Society of Plastic and
Reconstructive Surgeons, Philadelphia, PA, March 11, 2000
“HCFA
Revises Reassignment Rules",
Matthew Bender Health Care Law
Monthly, October 1999
“Contracting with and Getting Out of PPMCs",
AHLA Physicians and Physicians Organizations Law Institute, Nashville, TN, April
1999
“Third
Party Billing Service Liability for False Claims Act Violations",
Matthew Bender Health Care Law Monthly, April 1999
“OIG
Advisory Opinions Recognize Health Care Market Realities",
Matthew Bender Health Care Law Monthly, February 1999
“Litigating PPMC Contracts: Negotiating with the End in Mind",
AHLA Physicians Organizations Newsletter, Fall 1998
“OIG
Issues Provider Self-Disclosure Protocol",
Matthew Bender Health Care Law Monthly, November 1998
“Physician Practice Management Company Contracts",
AHLA Physician and PPMC Law Institute, Nashville, TN, April 1998
“ERISA
and Reimbursement for Ancillary Providers",
Matthew Bender Health Law Monthly, March 1998
“Review
of Proposed Stark II Regulations",
Matthew Bender Health Law Monthly, January 1998
“Counseling Physicians and Physician Groups",
NHLA/AAHA
Managed Care Law Institute, Chicago, Illinois, December 9, 1997.
“Health
Care Contracts",
Treatise on Health Care Law,
Matthew Bender, 1997.
“Physician Roll-Up Transactions",
Law Education Institute, Inc. & The Bureau of National Affairs, Inc., National
CLE Conference, Vail, Colorado, January 6-12, 1997.
“Fraud
and Abuse: Hospital-Physician Relationships",
National
Health Lawyers Association, Arlington, Virginia, October 2-4, 1996.
“NHLA
Masters Program, Fraud and Abuse: Strategic Approaches and Practical
Applications",
National Health Lawyers
Association, Chantilly, Virginia, May 5-9, 1996
“Fundamental Issues in Physician Hospital Transactions",
National Health Lawyers Association, Atlanta, Georgia, April 17-19, 1996
“Successfully Negotiating Managed Care Provider Agreements",
National Health Lawyers Association, Critical Steps in Managed Care
Contracting: A Looseleaf Guide, Fall 1995
“Managed
Care Contracting Institute: Negotiating Managed Care Contracts",
National Health Lawyers Association, Chicago, Illinois, December 7, 1994
“Emergency Care and the Law: Reimbursement Update",
The American College of Legal Medicine, Philadelphia, Pennsylvania, November
3‑5, 1994
“New
Physician Structures: Legal and Strategic Issues",
National
Health Lawyers Association Annual Meeting, Chicago, Illinois, June 8‑10, 1994
“New
Physician Organizations: Structures and Legal Issues",
The Financial Imperative of Selecting the Right Physician/Hospital and/or Payor
Alliance sponsored by Medical Management Resources, Inc. and Healthcare News of
CNY, Syracuse, NY, June 22, 1994
“Healthcare Reform",
National Health Lawyers Association Masters Program, Washington, DC, October
17‑18, 1993
“Formation of Professional Practices",
presented at joint Program for National Health Lawyers Association and American
Medical Association, May 1992
“Fundamentals of Physician Payment",
1990 National Health Lawyers Association Annual Meeting
“Joint
Venture Update",
1987 National Health Lawyers
Association Annual Meeting, Health Law Update, May 13, 15, 1987
“Physician Recruitment Strategies",
National Health Lawyers Association, Physician Recruitment, Retention and
Incentives, February 25‑26, 1988.
“Anti-Trust Immunity for the Medical Staff",
ABA Antitrust Health
Care Chronicle,
Vol. 2/No. 2
“Is
Patrick v. Burget the End of Peer Review Immunity Under the State Action
Doctrine",
American Medical Association Citation, November 1988
“Joint
Venture Traps: Affiliated Service Groups, Medicare and Medicaid Fraud and
Abuse",
American Medical Association Citation, 1987
“Dentistry, Local Anesthesia and the Law",
a Chapter of C. Richard Bennett’s Local Anesthesia and Pain Control in Dental
Practice, Seventh Edition, C. V. Mosby Company, 1984
B. B. STATE
Medicare 2008: Physician Fee Schedule Changes,
Pennsylvania Bar Institute, Philadelphia, PA, March 11, 2008
“The Poliner Case: Why All The Fuss About It & What It Means
For Hospitals And Physicians”,
Pennsylvania Bar Institute,
Philadelphia, PA,
March 13, 2007
“Fundamentals of Managed Care”,
Pennsylvania Bar Institute, Pittsburgh, PA, April 25, 2006
“What’s
New in Managed Care",
Pennsylvania Bar Institute, April 24, 2006
“Counseling Tax-Exempt Organizations",
National Business Institute,
Pittsburgh, PA, September 13, 2004
“Stark
II/Phase II: The Final Regulations", Pittsburgh, PA,
May 11,
2004
“Leadership Health Care 2003 Long Term Care: Legal Issues Compliance and
Credentialing",
November 11, 2003
“Healthlaw Developments: Preemption and Credentialing",
University of Pittsburgh School of Law, October 13, 2003.
“HIPAA &
Ethics",
Pennsylvania Bar Institute, September 23, 2003
“ Choice
of Business Entity in Pennsylvania: How to Do it Right",
National Business Institute, January 15, 2002
“Medicare and Medicaid Reimbursement for Behavioral Health Services",Lorman
Education Services, July 25, 2001
“Choice
of Business Entity in Pennsylvania",
National Business Institute,
Pittsburgh, Pennsylvania, August 8, 2000
“Patient
Rights and Nursing Home Legislation Changes",
Laurel View
Village, Davidsville, Pennsylvania, September 29, 1999
“Northern Health Solutions Users’ Group Meeting",
Corporate
Compliance Program, Pittsburgh, Pennsylvania, September 28, 1997
“Computerized Medical Records",
Management Professionals in HealthCare, Annual Conference, April 16, 1997.
“Acquisitions and Affiliations of Physician Practices: Regulatory Issues",
Pennsylvania Bar Institute, Pittsburgh, Pennsylvania, October 8, 1996
“Physician Roll-Ups",
Pennsylvania Bar Institute, The Second Annual Health Law Institute, March 7,
1996
“Medical
Cost Containment in Workers’ Compensation Cases",
Pennsylvania Bar Institute, January 1996
“Physician Practice Acquisitions After Hermann Hospital",
Pennsylvania Bar Institute Hot Topics in Health Law, Pittsburgh, Pennsylvania,
October 10, 1995
“Physician Practice Acquisitions Following Hermann Hospital",
Pennsylvania Bar Institute Health Law Institute, Philadelphia, Pennsylvania,
March 16‑17, 1995
“Reorganizing the Healthcare Delivery System",
Hospital Association of Pennsylvania (HAP) Fall Conference, Hershey,
Pennsylvania, October 27, 1994
“Legal
Issues Re Integrated Delivery Systems",
Pennsylvania Bar Institute Health and Hospital Law Committee, November 2, 1993
“Physician Networks",
Western Pennsylvania Society of Oral and Maxillofacial Surgeons, November 2,
1993
“Healthcare Joint Ventures: The Brave New World",
presented at Pennsylvania Bar Institute Program, Pittsburgh, Pennsylvania,
February 18, 1993
“Pennsylvania CON Legislation",
presented at Pennsylvania Bar Institute Healthcare Primer Series, Pittsburgh,
Pennsylvania, November 1992
“Fundamentals of Physician Payment",
presented at Pennsylvania Bar Institute Program, Pittsburgh, Pennsylvania,
November 1992
“RB/RVS
Medicare Reimbursement for Physicians",
presented at Pennsylvania Institute of Certified Public Accountants Seminar and
Pennsylvania Society of Healthcare Attorneys Meeting, June 1992
“Pennsylvania Blue Shield Audit and Review Procedures",
Pennsylvania Medical Society Manual, published May 1992
“Future
of Physician Joint Ventures",
joint meeting of the Pennsylvania Society of Internal Medicine and the
Pennsylvania Association of Laboratory Directors, May 1991
“Hospital-Physician Contracting",
Pennsylvania Bar Institute 1990 Health Care Primer, November 1990
“Fundamentals of Physician Payment",
1990 Pennsylvania Bar Institute Health Care Institute
C.
LOCAL
"What
Are a Physician's Post-Op Obligations",
Allegheny County Medical Society Bulletin, Legal Report, April 2008
“HSAs:
A Real Alternative to Traditional Health Insurance",
Allegheny County Medical Society Bulletin, July 2006
“Whose Patients Are They, Anyway?",
Allegheny County Medical
Society
Bulletin,
April 2006
“Telemedicine: Emerging Legal Issues",
University of Pittsburgh,
School of Law, January 10, 2005
“Liability Protection for Volunteer Physicians",
Allegheny
County Medical Society Bulletin, April 2004
"Enforcing Restrictive Covenants",
Allegheny County Medical
Society Bulletin, June 2003
“Help
from Hospitals: Malpractice Insurance Premium Subsidies",
Allegheny County Medical Society Bulletin, April 2003
“Understanding
Patient Abandonment",
Allegheny
County Medical Society Bulletin, March 2003
“Non-Physician Practitioners: Licensing, Scope of Practice and Reimbursement",
Allegheny
County Medical Society Bulletin,
April 13, 2002
“Stark
Reality",
Allegheny County Medical Society, October 17, 2001
“Managing the Databank",
Allegheny County Medical Society Bulletin, June 9, 2001
“Medicaid and Medicare Fraud: Investigation and Prevention",
Lorman
Education Services, Pittsburgh, Pennsylvania, October 5, 2000
“Limited
Liability Companies",
Westmoreland County Bar Association, Greensburg, Pennsylvania, September 13,
2000
“E-
Health Care Law Issues",
Allegheny County Bar
Association Health Law Section, Pittsburgh, Pennsylvania, September 8, 2000
“Health
Care Corporate Compliance Programs in Pennsylvania",
Lorman Education Services, Pittsburgh, Pennsylvania, August 29, 2000
“Legal
Issues of Mental Health Treatment in Pennsylvania",
Lorman Education Services, Pittsburgh, Pennsylvania, July 26, 2000
“Restricted Professional Companies (RPCs) and LLPs: New Choices for Medical
Practice Entities",
Allegheny County Medical Society Bulletin, February 12, 2000
“Managed
Care Contracting",
AMA Solutions, Inc., A
Subsidiary of the American Medical Association, May 15, 1999
“Analysis of Stark II Regulations",
Cambria County Medical Society
and Cambria County Bar Association, February 12, 1998
“Fraud
and Abuse Advisory Opinions",
Hospital News, April, 1997
“Managed
Care Organizations Choke on GAG Clauses",
Hospital News,
March, 1997
"Legislative Issues Affecting Health Care Practices in 1997 and the Emergence of
Physician Practice Management Companies",
Medical Practice Management
Roundtable Series, Alpern, Rosenthal & Company, February 5, 1997
“Intermediate Tax and Fraud Sanctions Provide Realistic Enforcement Threat",
Hospital News,
December, 1996
“A
Decade of Transformation: Will the Sole Practitioner and Small Group Practice
Become Obsolete?”
Hospital News, October, 1996
“Shall I
Sell My Practice",
Allegheny County Medical Society, February 15, 1996
“Mergers
and Acquisitions is the Name of the Game",
Hospital News, January 1996
“Physician Practice Acquisitions: Hospital or Insurer",
Hospital News, April 1995
“Litigation and Ethical Issues for Healthcare Practitioner",
Allegheny County Bar Association, January 11, 1995
“Succeeding with Managed Care",
co‑sponsored with Keystone Health Plan West, Pittsburgh, Pennsylvania,
September 20‑21, 1994
“Physician Success Strategies",
Hospital News, July 1994
“Antitrust Issues Impacting Physician Networking Strategies",
Allegheny County Medical Society, May 19, 1994
“Physician Practice Mergers",
Erie County Medical Society, February 23, 1994
“Managed
Care: Physician Perspective Update",
Cambria‑Somerset Council for Education of Healthcare Professionals, December 9,
1993
“Medical
Practice Mergers: Finding the Best Response to Health System Reform",
Pennsylvania Medicine, October 1993, Vol. 96, No. 10
“PMA
Managed Care Symposium Healthcare Reform and Legal Issues",
presented on September 29, 1993
“Legal
Aspects of Managed Care",
presented to the Blair County Medical Society on September 28, 1993
“Fundamentals of Managed Care",
presented to Erie County Medical Society, September 15, 1993
“Medical
Practice Mergers, Acquisitions and Affiliations",
presented to the Allegheny County Medical Society, June 23, 1993
“Managed
Care Contracting and Legal Issues",
presented at Allegheny County Medical Society, Pittsburgh, Pennsylvania,
February 17 and 22, 1993
“Protecting Your Practice in a Medicare and Blue Shield Audit",
Blair County Medical Society, 1992; Indiana County Medical Society, 1991
“Medicare and Medicaid Safe Harbor Regulations",
Fayette and Blair County Medical Societies, October, 1991; Westmoreland and
Allegheny County Medical Societies, November, 1991; Greene County Medical
Society, December, 1991; Ohio Valley General Hospital Medical Staff, January,
1992
“Medical
Staff Liability for Credentialing and Utilization Review Decisions",
Allegheny County Medical Society Bulletin, 1988
VI. VI. COMMUNITY ACTIVITIES
Downtown
YMCA of Pittsburgh,
Board and Executive Committee and Finance Committee Member (1992-1998);
Metropolitan YMCA,
Board and Finance Committee Member (1997-1999);
Leadership Pittsburgh
(1994-1995);
Pittsburgh Opera,
Board and Finance Committee Member (1994-2000); and
Three
Rivers Adoption Council,
Past President, Board Member (1986-1996).
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