Daniel Gottlieb is a partner in the health care practice of the law firm of McDermott Will & Emery in Chicago. Daniel regularly represents health IT vendors, health care providers, payers and other health care industry clients on health IT transactions, privacy and data protection, reimbursement, fraud and abuse and other health care regulatory and transactional matters.
Daniel counsels clients on compliance with Medicare and Medicaid reimbursement rules, fraud and abuse laws, PhRMA’s Code on Interactions with Health Care Professionals and AdvaMed’s Code of Ethics on Interactions with Health Care Professionals. He assists health care industry clients with compliance program implementations, compliance audits and government program overpayment and refund matters. Daniel also advises clients regarding proper structuring of financial relationships with physicians and other sources of referrals for patient care items and services and health IT products and services.
Daniel has prepared and negotiated self-disclosures to the Office of Inspector General (OIG) and Centers for Medicare and Medicaid Services (CMS) of potential non-compliance with Stark Law, Anti-Kickback Statute and Medicare billing requirements. He has served as health care regulatory counsel in defense of whistleblower actions under the False Claims Act alleging Medicare billing, Stark Law and Anti-Kickback Statute violations. Daniel represented hospitals and physician practices undergoing audits of meaningful use attestations under the Medicare EHR Incentive Program. He regularly advises health IT vendors regarding the proper structuring of service agreements and other financial relationships with physicians and other health care professionals who assist with product development and/or market their IT products and services.