Mr. Michael A. Dowell practices in the areas of healthcare, regulatory and corporate law. With more than 30 years of experience, he represents clients in a variety of sectors within the healthcare industry, including federally qualified health centers, health plans, PPOs, HMOs, Medicaid Managed Care Plans, Medicare Advantage Plans, PACE Programs, employer self-insured plans, pharmacy benefit managers, pharmaceutical manufacturers, retail pharmacies, long-term care pharmacies, specialty pharmacies, compounding pharmacies, mail order pharmacies, wholesale drug distributors, hospitals, health systems, long-term care providers, physician organizations, management companies, and ancillary service providers.
Mr. Dowell counsels clients in a variety of corporate and contractual transactions, including mergers and acquisitions, joint ventures, affiliations, licensing, financing and services-related transactions.
He also advises clients in federal and state fraud and abuse matters, compliance program development, governmental audits and investigations, Medicare, Medicaid, HIPAA and data privacy, meaningful use of electronic medical records, licensing, health care reform delivery models (including ACOs, value-based payments, and pay-for-performance), concierge medicine, and managed care law.
Mr. Dowell has published several articles and spoken at conferences regarding various health law issues, including compliance, fraud and abuse, pharmacy law, federally qualified health centers, HIPAA privacy and security, and managed care contracting and payment disputes.
Mr. Dowell joined Hinshaw & Culbertson LLP in December 2009. Previously he was a co-chair of the Health Care Industry Group at Theodora Oringher Miller & Richman PC in Los Angeles.
Mr. Dowell began his legal career in 1983 as a staff attorney with the National Health Law Program in both Washington, D.C. and Los Angeles. In 1989, he became corporate counsel to CIGNA Healthcare of California. From 1991 to 2006, he was Chair of the Health Care Practice Group at Miller & Holguin in Los Angeles.
Representative Matters :
- Federally Qualified Health Centers
- Advice and counsel to FQHCs regarding board governance issues, including fiduciary responsibility and conflict of interest policies.
- Counseled and advised FQHCs on a wide variety of transactions to ensure compliance with tax-exemption requirements and avoidance of intermediate sanctions.
- Drafted and negotiated affiliation agreement and related contracts between a FQHC and Non-Profit Hospital System.
- Represented a FQHC in its $9 million equipment and construction loan funded from tax exempt bond proceeds.
- Represented a FQHC in negotiations with Bank of the West and Wells Fargo Bank for Letters of Credit to secure loans obtained through municipal finance transactions.
- Pharmacy Law
- Analysis, revision and negotiation of PBM contracts for pharmacies and managed care plans, including review and drafting of Medicare Part D Prescription Drug Program agreements and requirements.
- Counseled numerous hospitals on all aspects of licensure, certification and accreditation, including Medicare and Medicaid enrollment, change of ownership, and operational issues.
- Provision of advice and guidance regarding the Drug Quality and Security Act, Compounding Quality Act, and the Drug Supply Chain Security Act.
- Drafting and negotiating prescription drug distribution agreements, group purchasing organization agreements, specialty services agreements, and marketing agreements.
- Identification of regulatory and compliance issues for radiopharmaceutical products.
- Representation of buyers and sellers in the purchase of pharmacies.
- Health Care Transactions and Regulatory Matters
- Structured, negotiated and documented $80 million sale of a management company and affiliated physician practices located in multiple states to a large publicly traded company.
- Developed and implemented a Corporate Compliance Plan, code of conduct, and policies and procedures for a nonprofit integrated delivery system comprised of an HMO, physician organization, federally qualified health clinic, and community health programs.
- Counsel to Physician Practice Management Companies and Dental Practice Management Companies and Acquisition of Medical and Dental Practices.
- Drafted and Negotiated Medical Director and Hospital-Based Physician coverage agreements for radiology, emergency medicine, anesthesiology, and pathology.
- Advised numerous health care providers and entities regarding anti-kickback laws, self-referral prohibitions, Medicare and Medicaid certification, and licensure requirements.
- Conducted an internal investigation for a Medicare and Medicaid HMO to determine compliance with Medicare marketing requirements.
- J.D., Indiana University Maurer School of Law
- B.S., Pharmacy, Purdue University
Admissions : California, Indiana
Rate : $$$$