Photo of Richard Y. Cheng

Richard Y. Cheng Member

Areas of Practice

Bar Admissions

  • Texas
  • Minnesota

Court Admissions

  • U.S. District Court, Northern District of Texas
  • U.S. District Court, District of Minnesota

Education

Nova Southeastern University Shepard Broad Law Center, J.D.

University of Memphis, M.B.A.

Texas Tech University Health Sciences Center, B.S.O.T./M.O.T.

University of Texas Health Science Center at Houston, Graduate Certificate of Public Health

Certifications

Health Care Compliance Certification by the Compliance Certification Board

Language

Richard Y. Cheng’s practice focuses on corporate transactions, regulatory, compliance matters and administrative appeals. A member of Dykema's Health Care group and resident in the Firm's Dallas office, Richard has an extensive health care law practice, with particular concentration representing skilled nursing facilities, assisted living facilities, home health agencies, community hospitals, physician groups, hospices, labs, pharmacies, medical spas, wellness providers, regulated products providers (e.g. medicinal cannabis) and rehabilitation providers. In this area, Richard counsels clients regarding corporate transactions, health care regulatory, compliance matters, and administrative appeals.

Richard also has considerable experience representing clients involving Stark Law, Anti-kickback, HIPAA, HITECH Act, Civil Monetary Penalties (CMPs), Medicare-related transactions (e.g. change of ownership) licensure surveys, formation of management services organizations (MSOs), managed care organizations (MCO's) payment matters provider appeals before administrative law judges with the Office of Medicare Hearing and Appeals, Departmental Appeals Board, Civil Remedies Division and State Office of Administrative Appeals. He has advised clients on Medicaid contracting and compliance matters associated with being a Medicaid provider, along with Medicaid payment appeal matters.

Richard formerly served as general counsel and vice president at two separate health care companies, where he assisted with change of ownership transactions, counseled on operational legal matters and worked closely with outside counsel managing multiple litigation matters. He also created the medical appeals departments at both health care organizations, overseeing multiple staff members that he trained, resulting in the successful recover of millions of dollars in governmental and private health care insurance claims. Early in his career, Richard worked as a licensed occupational therapist, served as an adjunct faculty at multiple universities and lobbied in Washington, D.C. through the American Occupational Therapy Association.

Richard spends countless hours volunteering in his community. He is a Street Law Program Lecturer, a volunteer for the First Presbyterian Stewpot Program since 2011, and he previously served a s a pro bono attorney for an international asylum case with the Human Rights Initiative.

Experience

Health Care Representation

  • Represented several skilled nursing facility (SNF) providers, including one of the largest Texas based SNFs, in multiple of health care regulatory, change of ownership and asset purchase transactions.
  • Represented a community hospital system in a imaging center acquisition, while advising on multiple Stark Law and Anti-Kickback Statute (AKS) concerns.
  • Represented several assisted living facility (ALF) providers, including a large national ALF provider, in a license change of ownership transaction in Minnesota.
  • Represented one of the largest post-acute care providers in a multi-million dollar set of Medicare Zone Program Integrity Contractor audits by successfully overturning a Qualified Independent Contractor (QIC) decision at the Administrative Law Judge (ALJ) appeal level.
  • Represented numerous home health care agencies and hospice providers, including a Dallas, Texas-based national provider, in a variety of regulatory and compliance matters involving daily operations and change of ownership transactions.
  • Serves as the primary health care regulatory and corporate counsel for multiple management service organizations (MSOs), including a parent company of multiple MSOs throughout the country.
  • Serves as co-counsel and advises on health care regulatory and compliance issues in multiple health care fraud and abuse investigation and litigation matters initiated by the Department of Health & Human Services (HHS) Office of Inspector General (OIG) and Department of Justice (DOJ).
  • Represents numerous physician groups and regularly counsels on corporate practice of medicine, Stark Law, False Claims Act (FCA), AKS and Texas Patient Non-Solicitation Act matters during investment transactions, corporate structuring and arranging compensation arrangements.
  • Represented a podiatry practice on a HIPAA and HITECH Act audit to determine whether proper security safeguards, HIPAA policies and procedures and training has been implemented.
  • Represented several home health care agencies and hospices in appealing deficiencies cited through a state government agency survey.
  • Represented multiple wholesale and retail pharmacies, including a national pharmacy provider, on a variety of health care regulatory, compliance and state licensing issues.
  • Represented multiple dental practices when divesting assets to dental service organizations (DSOs) and advising on Texas corporate practice of dentistry issues.
  • Represented a mobile optometry service provider in an effort to appeal an adverse Medicare certification action.
  • Represented several long-term care therapy providers in health care regulatory matters and successfully covered millions of dollars in Medicare based audits through the administrative appeal process.
  • Represented a multi-location medical spa provider in negotiating medical directorships and other professional service relationships.
  • Represented and advised one of the largest national massage and wellness providers on maintaining compliance with privacy and security of protected health information.
  • Represented several durable medical equipment (DME) providers on HIPAA related and health care fraud and abuse matters (e.g. FCA and AKS).

Cannabis Law

  • Serves as the primary counsel for a Texas-based cannabis producer on multiple licensing, corporate and regulatory matters.
  • Serves as outside General Counsel for the Texas Cannabis Industry Association.

Memberships & Involvement

  • American Bar Association, Health Law Section (Vice Chair of Post-Acute Care Continuum Task Force)
  • American College of Health Care Executives, North Texas Chapter
  • American Health Lawyers Association, Post Acute/Long Term Services Section
  • Collin County Bar Association, Corporate Counsel Section
  • Dallas Asian-American Bar Association (Board of Directors, 2013-2015)
  • Dallas Association of Young Lawyers Foundation (Life Fellow; Leadership Class Selected Member, 2011)
  • Dallas Bar Association, Health Law and Mergers & Acquisitions Sections (Selected Member and Graduate, 2014)
  • Frisco Chamber of Commerce (Leadership Class Member, 2015)
  • Health Care Compliance Association
  • Helping Restore Ability (Board of Directors)
  • LeadingAge Texas (Associate Business Member)
  • National Asian Pacific American Bar Association
  • National Cannabis Bar Association
  • State Bar of Texas, Health Law and Business Sections (Diversity in the Profession Committee; 2016 Texas Minority Counsel Program Steering Committee)
  • Texas Assisted Living Association (Public Policy Committee Member)
  • Texas Association of Home Care & Hospice (Governmental Affairs Committee)
  • Texas Cannabis Industry Association (General Counsel)
  • The Warren Center (Early Childhood Intervention Program, Finance Committee Member)
  • D CEO Magazine & Association of Corporate Counsel – Best Corporate Counsel Finalist, Solo Category, 2011-2012
  • D Magazine – Best Lawyers in Dallas, 2015, 2017-2018
  • Dallas Business Journal – Best Corporate Counsel Rising Star Award, 2011
  • National Diversity Council – Legal Diversity Champion Award, 2012
  • Texas LawyerMagazine – Featured General Counsel, 2012
  • Texas Occupational Therapy Association, Distinguished Service Award, 2011-2012
  • Texas Tech University Health Sciences Center – Distinguished Alumni Award, 2010
  • Thomson Reuters – Texas Rising Stars, 2015-2017
  • DataBird Research Journal – Cannabis Law Expert, 2018