Areas of Practice
Industries
Bar Admissions
- Michigan, 2007
Education
George Washington University, J.D.
- with honors
Yale University, B.A., magna cum laude
- Phi Beta Kappa
Eric S. Klein is a member in Dykema's Bloomfield Hills office and leads the Firm's Health Care Practice Group. Mr. Klein devotes his practice to representing clients in the health care sector with respect to corporate and regulatory issues, including hospitals, physician groups, ambulatory surgery centers (ASCs), dental service organizations (DSOs), hospice providers and home health agencies. In particular, Mr. Klein counsels such clients on compliance and reimbursement issues as well as health facility and physician practice acquisitions and other changes of ownership, including related licensure and Medicare/Medicaid certification matters. Mr. Klein also advises clients on structuring businesses and transactions to achieve client objectives while addressing anti-kickback, Stark and other legal restrictions.
After college, Mr. Klein worked for Health Net, Inc., a health insurance company, in its contract analysis department, where he created financial models to evaluate hospital, physician group, and ancillary contracts.
Experience
Government Investigations
Represent health care providers, managed care organizations, medical billing companies, and dental service organizations in government fraud investigations. Advise clients regarding internal investigations, compliance programs and governance issues, including issues related to the False Claims Act (“FCA”), federal and state anti-kickback statutes, and physician self-referral prohibitions.
Corporate Transactions
Advise health care providers in structuring businesses and transactions to comply with legal and payor requirements. Represent providers in mergers and acquisitions, joint ventures, affiliations, conversions and consolidations. Advise clients on the corporate practice of medicine and dentistry.
Medicare Enrollment
Advise health care providers on various aspects of Medicare enrollment, including initial enrollment applications, changes of ownership, changes of information, revalidations, and how to handle situations where providers fail to make the required updates to their enrollment information.
Managed Care and Insurance
Review and negotiate managed care and insurance contracts on behalf of providers, managed care organizations, and commercial insurers. Counsel clients regarding formation of clinically integrated networks.
Compliance
Draft and review compliance program manuals and policies and procedures. Advise compliance committees on internal and external audits, investigations and disclosures. Counsel clients regarding voluntary disclosure, overpayments, and appeal of Medicare, Medicaid, and other third party payor reimbursement decisions.
Physician Employment Contracts
Review and negotiate physician employment contracts, including disputes regarding non-competition and non-solicitation covenants.
Nonprofit and Tax-Exempt Organizations
Advise charitable organizations (including educational, health care, research, religious, and social welfare organizations) on issues relating to state nonprofit corporation laws and corporate governance documents; federal tax-exemption under Sections 501(c)(3), 501(c)(4), and other provisions of the Internal Revenue Code; and state and federal regulation of charities and charitable solicitations.
Seminars & Speeches
- Pitfalls Lurking in Michigan’s Corporate Practice of Medicine Doctrine, ICLE Health Law InstituteMarch 7, 2019
- January 24, 2019
- January 24, 2018
- Key Compliance Issues for 2017March 16, 2017
- Fundamentals of Government Payment Programs, ICLE Health Law InstituteMarch 9, 2017
- January 20, 2017
- January 29, 2016
- March 28, 2012
- January 19, 2012
Publications
- March 2019Law Journal Newsletters - Business Crime Bulletins
- February 2017Journal of Health & Life Sciences Law, Vol. 10, No. 2
- Amendments to the Nonprofit Corporation Act – What Nonprofits Need to KnowSeptember 2015The Michigan Business Law Journal
- September 23, 2014Metropolitan Corporate Counselhttp://www.metrocorpcounsel.com/articles/30160/internal-investigations-spotlight-role-attorney-client-privilege
News
Alerts
- July 17, 2020
- April 17, 2020
- March 9, 2020
- February 18, 2020
- January 31, 2020
- September 13, 2019
- March 27, 2018
- February 20, 2018
- February 2, 2018
- October 10, 2017
- May 3, 2017
- OCR Provides Safe Harbor for Non-English Taglines Required by §1557 of the Affordable Care ActSeptember 26, 2016
- July 19, 2016
- July 19, 2016
- June 27, 2016
- April 19, 2016
- March 10, 2016
- August 18, 2015
- June 16, 2015
- March 10, 2015
- Court Rejects Argument the Transaction Was Necessary to Improve Efficiencies and Meet ACA GoalsFebruary 19, 2015
- June 2, 2014
- March 4, 2014
- New Compliance Requirements Take Effect September 23, 2013; What You Need to Do NowFebruary 7, 2013
- Revalidation Request Within 60 Days May Result in Severe PenaltiesNovember 11, 2011
Press Releases
- June 10, 2019
- June 3, 2019
- January 27, 2016
Blog Posts
- HHS Final Rules Modernize the Stark Law and Anti-Kickback Statute to Usher in Value-Based Care
- Michigan Reinstitutes Pre-COVID Scope of Practice, Licensure, and Liability Standards
- CARES: Implications for the Healthcare Industry
- Michigan Executive Order Restricts Non-Essential Medical and Dental Procedures to Combat COVID-19
- Eleventh Circuit Rejects Expert Challenge to Clinical Judgment Decision in Hospice False Claims Act Litigation
- The New Anti-Kickback Statute in Town
- Hospice Providers Take Note: OIG Highlights Compliance Vulnerabilities in the Medicare Hospice Benefit
- CMS Clarifies Role and Responsibilities of Hospice Medical Directors and Other Hospice Physicians
Memberships & Involvement
- American Health Lawyers Association, Member
- State Bar of Michigan, Health Law Section