Jack Gilbertson has over 20 years’ experience in providing legal, compliance, financial, tax and consulting services to clients in the health sciences industries, including tax-exempt and for-profit hospitals and health systems, physician groups, integrated delivery systems, academic medical centers, medical research institutions, health plans, pharmaceutical benefit management companies, pharmaceutical manufacturers and medical device companies.
His background includes representation on a broad range of matters, including regulatory compliance, fraud and abuse, tax exemption, contracting, joint ventures, mergers and acquisitions (M&A), Foreign Corrupt Practices Act (FCPA)/anti-corruption, medical research, internal and government investigations, dispute resolution, arrangements with health care professionals, due diligence, risk assessment, governance, billing and collection, executive compensation, valuation, financing, tax exemption, quality measurement and reporting, government contracting, and Medicare and Medicaid reimbursement.
Representation of academic medical centers, medical foundations, hospital systems, integrated delivery systems, physician groups and other health science companies in a wide range of transactional and contracting matters, including: mergers and acquisitions, joint ventures, services agreements (professional and ancillary service providers, employment and medical direction) and supply chain.
Directing corporate investigations for domestic and global health sciences companies, including discovery and evaluation of financial arrangements and interactions with physicians and other health care professionals, distributors, sales agents and other third-party intermediaries, with a focus on key regulatory compliance issues, including anti-kickback, anti-self-referral, false claims, corruption (such as involving the FCPA), and Medicare and Medicaid programs.
Assisting hospital systems and other health sciences companies with the assessment and application of regulatory requirements to key processes, internal controls and systems, including those relating to billing, coding and collection, contracting, physician and vendor management, medical research, quality measurement and reporting, clinical documentation (including transition to ICD-10 and meaningful use of electronic health records), accreditation/conditions of participation, licensure, privacy and security, trade association and industry standards, and monitoring and auditing.
Representing academic medical centers, medical foundations, and hospital and integrated delivery systems on matters relating to tax-exempt status, including private benefit and inurement, governance, conflicts of interest, physician arrangements, joint ventures, community benefit, community needs measurement and reporting, compensation, intermediate sanctions, valuation, and compliance with requirements imposed under tax-exemption financing.
Developing, implementing, assessing and executing key elements of compliance programs and related compliance functions for hospital systems and other health sciences companies, including programs relating to corporate compliance plans, risk identification and assessment, and monitoring and auditing activities.