Nicole Aiken-Shaban

Nicole J. Aiken-Shaban is a member of the Life Sciences Health Industry Group in the firm’s Philadelphia office. She represents a variety of health industry clients, including health care providers and suppliers, managed care organizations, pharmaceutical manufacturers and biotech companies, investors on reimbursement, regulatory matters, transactions, and government investigations and litigation.

She regularly counsels clients, and represents her clients in government investigations and litigation matters, on issues related to state and federal fraud and abuse laws, such as the Stark Law, Anti-Kickback Statute, beneficiary inducement prohibitions, and False Claims Act, as well as health care licensing, corporate practice of medicine, and compliance with Medicare and Medicaid rules and regulations.

Nicole also assists clients with complex transactions, including advising on the potential kickback implications of clients’ contractual arrangements with health care entities, compliance with federal and state physician self-referral restrictions, and with structuring and negotiating physician arrangements.

Additionally, Nicole helps commercial and managed Medicare and Medicaid health plans with various aspects of shared savings and risk adjustment arrangements and payments. She has additional experience defending clients against product liability, personal injury and wrongful death claims in federal and state courts, including multidistrict litigation.

Nicole is active in pro bono matters, having handled matters for The American Civil Liberties Union, The Women’s Law Project, The Innocence Network and The Pennsylvania Innocence Project. She also serves on the Board of Directors for The Center for Emerging Visual Artists (CFEVA), a nonprofit organization that works to advance the careers of professional artists in the Philadelphia region, and to increase access to and promote a greater interest and understanding of the visual arts.

Education :

• Drexel University Thomas R. Kline School of Law, 2010, J.D., summa cum laude; Secretary, Moot Court Board; Income Chair, Public Interest Grants Board
• University of New Mexico, 2005, B.A., summa cum laude

Professional Admissions & Qualifications :

• Pennsylvania
• New Jersey

Court Admissions :

• U.S. District Court – Eastern District of Pennsylvania
• U.S. District Court – District of New Jersey

Professional Affiliations :

• American Health Lawyers Association
• The Center for Emerging Visual Artists, Board of Directors

EXPERIENCE :

• Represented a leading New-Jersey based non-profit hospital corporation in the acquisition of a hospital system in northern New Jersey by conducting a health care regulatory due diligence review of the target hospital, including advising on compliance risks associated with the target hospital’s physician arrangements, vendor and services agreements, licensure and accreditation, patient confidentiality practices, reimbursement, and corporate compliance program.
• Assisted skilled nursing facility with False Claim Act case alleging improper billing to Medicare Part A for rehabilitation therapy services.
• Advised pharmacy and health care services company on issues related to a federal criminal and civil investigation into its remuneration activities.
• Counseled biotech company in connection with federal criminal and civil investigation regarding promotional practices and allegations of false claims.
• Represented amici curiae The Innocence Network and The Pennsylvania Innocence Project, with whose position the Supreme Court of Pennsylvania agreed when it held in Commonwealth of Pennsylvania v. Benjamin Walker that the use of expert testimony challenges to eyewitness identification is no longer per se prohibited in Pennsylvania.