Clients and Industries
Paul’s practice is focused on the health care industry. He has represented individuals including physicians, dentists, nurses, physical therapists, practice managers and other medical professionals. He has also represented health care corporations and medical facilities including hospitals, medical device companies, pharmacies, pharmaceutical companies, nursing homes, medical clinics, drug testing laboratories and the Massachusetts Ambulance Association, including many of its constituent members.
Practice Areas and Experience
Paul is the lead partner in the firm’s health care group, and has represented health care institutions and professionals in matters such as fraud and abuse investigations, false claims actions in state and federal courts, audits, as well as disciplinary and other administrative agency proceedings.
He has frequently represented health care professionals before the Board of Registration in Medicine and other licensing authorities and he has often represented physicians in hospital-based peer-review proceedings.
In addition, he has represented health care institutions and providers involved in a variety of commercial and regulatory matters, including Medicare, Medicaid and other third-party administrator audits.
He has been litigating in the courts and before administrative agencies on behalf of health care clients for more than thirty years, and has provided individual and institutional providers, as well as trade associations, with ongoing guidance and counsel regarding developments in health law and regulatory compliance.
Professional Experience Outside of Collora LLP
Paul served as Senior Trial Counsel and Deputy Chief of the Medicaid Fraud Control Unit in the Office of the Attorney General for the Commonwealth of Massachusetts and was a named partner in a small health care boutique firm prior to joining Collora LLP in 1995.
Sample of Results in Practice*
- Represented psychiatrist in proceeding to block a government subpoena of more than 20 patient files, establishing before the Supreme Judicial Court of Massachusetts, in a case of first impression, that the psychiatrist’s work in pain management was covered by the psychotherapist-patient privilege and that the privilege cannot be pierced except by legislative enactment or constitutional imperative.
- Represented eight orthopedic shoe manufacturers/distributors in the Attorney General’s industry-wide investigation of Medicaid billing fraud and regulatory compliance. All cases were resolved administratively, no criminal charges were brought, no civil complaints were filed and no fines or sanctions were imposed.
- Secured dismissal of all criminal charges brought against a chiropractic clinic in the course of the government’s crackdown on automobile accident insurance fraud.
- Resolved, on behalf of a dental clinic, a two-year-long criminal grand jury investigation of Medicaid fraud. No criminal charges were brought against the clinic or any of its principals or employees. The clinic and its owner entered into a civil settlement agreement for restitution, but without the imposition of any fines, penalties or sanctions and with the express provisions for the owner and the clinic’s continued MassHealth program participation.
- Won separate jury verdicts of not guilty on behalf of two psychiatrists, each of whom had been charged with sexually assaulting a patient. In one of those cases, the Board of Registration brought a collateral administrative proceeding that also resulted in acquittal of all charges following a hearing before an Administrative Magistrate.
- Won dismissal of all charges brought by the Board of Registration in Medicine against a psychiatrist who had prescribed controlled substances to two undercover state police troopers posing as patients. Following the acquittal by the Administrative Magistrate, a separate criminal investigation was terminated.
- Defended a neurosurgeon who was accused by the Board of Registration in Medicine of performing over twenty unnecessary surgeries. The Administrative Magistrate rendered a decision in the doctor’s favor regarding each of the surgeries, with specific findings that the Board’s expert witness was biased against worker’s compensation claimants and the neurosurgeon’s former partner – who had initiated the Board complaint – was motivated by greed and jealously.
- Represented a radiation oncologist in a peer review proceeding at a major Boston teaching hospital. The physician’s clinical privileges had been revoked based on claims of substandard care by his Department Chief. Following multiple days of hearing before a peer panel appointed by the hospital, the physician’s clinical privileges were restored.
- Successfully sued the Commonwealth of Massachusetts, including its Division of Health Care Finance and Policy and its Division of Medical Assistance, on behalf of the Massachusetts Ambulance Association and individual member companies to obtain higher rates of reimbursement for ambulance and chair car services. As part of the settlement the companies not only received retroactive rate increases, but the Commonwealth was also required to reimburse the Association for the legal fees expended in initiating and prosecuting the litigation.
* This sampling of cases represents a selected, small portion of this lawyer’s total experience and past performance is not intended to be a representation of likely future results, which must be assessed on a case-by-case basis.
When Paul is not advocating for his clients, he is often rooting for his favorite sports teams, embarrassing himself on a golf course or reading the exploits of fictional detectives Elvis Cole, Alan Banks or Harry Bosch. He is a particular fan of basketball and worked his way through law school refereeing high school basketball games.