Health Law Blog - Healthcare Legal Issues

Health Care Lawyer John H. Fisher, CHC

John H. Fisher II, CHC, CCEP
Health Care Law Counsel
Certified in Health Care Compliance (CHC); Certified in Corporate Compliance and Ethics (CCEP)
Health Law Experience:
John Fisher chairs Ruder Ware’s Health Care Focus Team.  John has been a practicing health care attorney since 1985 and has acquired a depth of knowledge and perspective on health care legal issues that can only come over a long career in health care law. Over the course of his practice, John has focused on representing and counseling a wide range of health care providers including clinically integrated provider groups, health care systems, long term care providers, ambulatory surgery centers, physician groups, home health providers and other participants in the health care industry.His long experience in provider integration gives him a depth of perspective in clinical integration and managed care contracting that can be matched against any other health care attorney in the country.

A significant part of John’s health law practice involves collaboration with other attorneys and law firms from around the country on specialized health care issues.  John has offered expert health law support in areas such as:

  • Ambulatory Surgery Center Structure and Exclusion of Non-Performing Providers
  • Clinical Integration and ACO Development and Operation
  • Telehealth and Telemedicine Program Structure and Compliance Issues
  • Compliance Program Development and Operations
  • Compliance Investigations
  • Government Self Disclosure
  • HIPAA Audits and Corrective Action
  • Provider Certification and Compliance With Conditions of Participation
  • Medicare and Medicaid Reimbursement Issues
  • Anti-Kickback Statute and Stark Law Compliance
  • Provider Acquisition Support – Compliance Due Diligence Focus

John has counseled health care clients, including hospitals, physicians, and health systems on health care regulatory compliance, contracts, mergers and acquisitions, joint ventures, recruitment and compensation issues, integrated network development, and Medicare and Medicaid reimbursement.   John is knowledgeable on the laws and regulations that affect financial relationships between health care providers including the Stark Law, Anti-kickback Statute and safe harbor regulations, fraud and abuse, antitrust and exempt organization tax issues.

John has committed his career to remaining current on the ever changing regulations that impact health care providers.   He has been a frequent author and speaker on health law regulatory issues.   John is also an active blogger on legal issues that affect health care providers.John holds Certification in Healthcare Compliance (CHC) with the Health Care Compliance Association and joins only a handful of attorneys in the state of Wisconsin to receive this distinction.  John is also Certified in Corporate Compliance and Ethics (CCEP) with the Society for Corporate Compliance and Ethics.John’s experience includes:

John’s practice covers the full spectrum of regulatory and  transactional services for healthcare providers. By way of example, some of the more recent matters that John has handled include the following:

  • Creation of a system-wide compliance program for a large, national chain of long term care facilities.
  • Establishment of several clinically integrated health care systems and creation of mechanisms to support clinical integration.
  • Representation of various providers in connection with resolution of potential compliance issues.
  • Establishment of certified home health care agencies.
  • Negotiation of a wide range of legal relationships between health care providers.
  • Merger of multiple health care provider into a single integrated healthcare organization.
  • A wide range of healthcare mergers and acquisitions including compliance due diligence and transactional issues.

John is an accomplished speaker on various healthcare matters. He routinely presents to various organizations on healthcare issues.  He has also presented to the Health Care compliance Association and various other organizations on topics relevant to the health care industry.

John is a prolific author and active blogger.  He blogs regularly on the Ruder Ware Blue Ink Blog.  He operates the Health Law Blog at  and Wisconsin Health Lawyer at .

John holds Certification in Healthcare Compliance (CHC) with the Health Care Compliance Association and is a Certified Compliance Ethics Professional (CCEP) with the Society for Corporate Compliance and Ethics joining only a handful of other practicing attorneys in the country to hold dual compliance certifications.

 

Education:
B.B.A. University of Wisconsin – Madison (1983)J.D., University of Wisconsin – Madison (1985)

Wisconsin International Law Review, Publishing Member


Admitted to Practice Law:

Wisconsin Supreme Court
Indiana Supreme Court

Associations:
American Health Lawyers Association

The Society for Corporate Compliance and Ethics
Health Care Compliance Association
American Bar Association – Health Law Section
State Bar of Wisconsin – Health Law Section

Civic Activities:
Board of Directors, Homme Home of Wisconsin – Current Chairman of the Board (2012 – present)
Campaign Cabinet, United Way of Marathon County (2012 – 2013)


Selected Blog Publications 
 Blogs Posted On The Health Law Bog, Ruder Ware Blue Ink Blog, and JD Supra

  • Draft 2018 Medicare Marketing Guidelines Medicare Advantage Plans – January 29, 2017
  • Requirements Pertaining to Non-English Speaking Populations Medicare Health Plans – Requirements Pertaining to Non-English Speaking Populations – January 29,2017
  • Ambulatory Surgery Center Exclusions – ASC Safe Harbor Compliance Excluding Non-performing Positions from a Physician Owned Surgery Center – February 13, 2017
  • Self-Disclosure Process – Voluntary Self Disclosure Decisions are not Always Easy Provider Self Disclosure Decisions – Voluntary Disclosure Process – February 13, 2017
  • Home Health Agency Final Conditions of Participation Revisions Released by CMS – February 14, 2017
  • Confidentiality of Alcohol and Drug Abuse Patient Records – Final Rule Revising Regulations – February 17, 2017
  • Lessons Learned from Recent OCR Settlements – January 17, 2017
  • Skilled Nursing Facility and Nursing Home Initiatives – OIG 2017 Annual Work Plan – January 19, 2017
  • OIG Annual Work Plan for 2017 – Topics Covered – January 23, 2017
  • HIPAA Breach Notification Settlement – First Case of Untimely Notice of Breach – January 25, 2017
  • Malware Infection Causes Breach – Lack of Firewall – Hybrid Entity – January 27, 2017
  • Self-Disclosure Settlements Help Identify Compliance Risk Areas – January 27, 2017
  • Compliance Commitment from the Top – Medical Practice Compliance – Establishing Commitment from the Top of the Organization – January 27, 2017
  • OIG Report Indicates Areas of Hospice Fraud Vulnerability and Issues a Warning to Hospice Providers – January 27, 2017
  • Medicare Advantage Marketing Standards 2018 Draft Requirements – Marketing Material Subject to CMS Guidelines for MA Marketing Materials – January 29, 2017
  • Co-Branding Requirements Under Medicare Advantage Marketing Standards Plans/Part D Sponsors co-branding relationships – January 29, 2017
  • Anti-Discrimination Plans/Part D Sponsors Anti-discrimination Rules in Medicare Advantage Plans January 30, 2017
  • Compliance Issues Ambulatory Surgery Center Compliance Legal Practice – January 30, 2017
  • Compliance Officer and Legal Counsel Relationships – February 9, 2017
  • Wisconsin DHS Prohibits Maneuvers and Techniques in Community Based Programs – February 10, 2017
  • Dental Practice Compliance Programs – Essential Elements of Compliance Policies Should a Dental Practice Have a Compliance Program – February 13, 2017
  • Don’t Overlook Special Status of Behavioral Health Records – January 9, 2017
  • CMS Recommendations Regarding Protection from Cybersecurity Risks – February 22, 2017
  • CMS Issues Proposed Rule to Increase Patients’ Health Insurance Choices for 2018 – February 17, 2017
  • US Attorney Manual Updated to Incorporate Yates Memorandum – DOJ Directives Incorporating the Yates Principles – November 1, 2016
  • 21st Century Cures Act Signed by President Obama – December 21, 2016Off-Campus Provider-Based Departments Neutrality – December 23, 2016
  • Atlanta Dentist Goes to Jail for Medicaid Fraud – Do You Hear Me Now on Dental Practice Compliance? – February 22, 2017
  • 2015 MSSP Participation Agreement Requirements – Healthlaw-blog.com, August 2015
  • Major Revamp of Nursing Home Regulations Proposed, Healthlaw-blog.com, August 2015
  • Medicare Shared Savings Program Changes, Healthlaw-blog.com, July 2015
  • HCQIA and Clinically Integrated Organizations; Healthlaw-blog.com, July 2015
  • Stark Law Compliance in Medical Director Agreements- Healthlaw-blog.com, August 2011
  • Groups Without Walls Coming Back as Physician Integration Model- Healthlaw-blog.com, July 2011
  • Billing of “Incident To” Services in Physicians’s Office- Healthlaw-blog.com, July 2011
  • Explaining the Prohibition Hospital Ownership- Healthlaw-blog.com, July 2011
  • Stark Law Self Disclosure Protocols | Do They Create More Ambiguity? – Healthlaw-blog.com, January 2011
  • Hospital Inpatient Value-based Purchasing Program: New Rules Proposed By CMS – Healthlaw-blog.com, January 2011
  • Home Health Care Issues In OIG 2011 Work Plan – Healthlaw-blog.com, January 2011
  • Explaining New Clinical Laboratory Requisition Requirement – Healthlaw-blog.com, January 2011
  • Home Health and Hospice Face to Face Requirement Delay – Healthlaw-blog.com, January 2011
  • Should Compliance and Counsel Functions Be Separated? – Healthlaw-blog.com, December 2010
  • EMTALA Applicability to Hospital, Critical Access Hospital Inpatients and Hospitals With Specialized Capabilities – Healthlaw-blog.com, December 2010
  • Disclosure of Alternative Radiology Service Providers – New Patient Disclosure Requirements Take Effect – Healthlaw-blog.com, November 2010
  • Accountable Care Organizations – Navigating Federal Health Law Issues – Health Law Blog, November 2010
  • ASC Safe Harbors – The Four ASC Types Qualifying For Safe Harbor Protection – Health Law Blog, October 2010
  • OIG Roadmap Fraud and Abuse Guidance For New Physicians – Health Law Blog, November 2010
  • Plans Mandatory Compliance Under PPACA – Health Law Blog, August 2010
  • Temporarily Falling Out of Compliance With The Stark Law – Is There Any Wiggle Room? – Wisconsin Health Law, September 2009
  • ASC One-Third/One-Third Safe Harbor Compliance Can Lead To Disputes – Health Law Blog, September 2009
  • FTC Antitrust Challenge to Outpatient Facility Purchases – Is Increased Enforcement On The Horizon? – Health Law Blog, September 2009

John H. Fisher

Health Care Counsel
Ruder Ware, L.L.S.C.
500 First Street, Suite 8000
P.O. Box 8050
Wausau, WI 54402-8050

Tel 715.845.4336
Fax 715.845.2718

Ruder Ware is a member of Meritas Law Firms Worldwide

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