About

Sheppard Mullin is a full service Global 100 firm with 630 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle a wide variety of legal needs. The firm’s 80+ attorney healthcare team provides experienced legal counsel to retirement and hospice centers, hospitals, multi-specialty physician clinics, physician groups, individual physicians, health maintenance organizations, medical research organizations, health insurers and payors, and suppliers of medication and medical equipment. Our comprehensive understanding of the healthcare industry enables us to develop effective solutions to fit our clients’ needs and objectives. For more information on legal issues important to the healthcare industry, visit our healthcare law blog at www.sheppardhealthlaw.com. For general information on Sheppard Mullin, visit www.sheppardmullin.com.

The Hospice Law Blog is designed to provide timely news, insights, legal analysis and resources on Hospice reimbursement issues. The blog’s primary editor, Brian Daucher, has counseled clients on all aspects of hospice law, including hospice cap appeals, selection of cap calculation method, pre-payment edits, and post payment ZPIC audit appeals.

In 2007, Mr. Daucher filed the first challenge to the streamlined hospice cap regulation on behalf of a single hospice in Oklahoma. From 2008 to 2011, more than 15 other courts (from California to the District of Columbia), including the 5th and 9th Circuit Courts of Appeal issued rulings for Sheppard Mullin clients finding the streamlined method unlawful; no court upheld the regulation.

During this time, Sheppard Mullin won suspension and set aside more than $50 million in cap repayment demands for more than 100 hospices. Sheppard Mullin has secured settlements for these providers that required credit of interest paid on such demands, recalculation of demands under the new pro-rated method, forgiveness of interest through the date of the recalculated demand, partial reimbursement of attorneys’ fees, and return of overpayments by hospices with interest.

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