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Healthcare providers continue to be confronted with multiple challenges

-- David Hoffman, Esq.


David R. Hoffman is President of David Hoffman & Associates, PC, a national healthcare consulting firm located in Philadelphia, Pennsylvania. This firm is dedicated to assisting healthcare providers comply with regulatory requirements and ensuring patient safety through legal and clinical compliance. The firm has been consulting with long-term care and assisted living providers in integrating clinical and regulatory issues into an effective compliance program. Mr. Hoffman’s firm has also been retained by government entities to represent them in healthcare related matters.

Mr. Hoffman was an Assistant United States Attorney in the Eastern District of Pennsylvania for 12 ½ years. He prosecuted healthcare fraud matters, both civilly and criminally. Prior to joining the U.S. Attorney’s Office, Mr. Hoffman served in the Governor’s Office of General Counsel as Chief Counsel for the Pennsylvania Department of Aging. At the Department, Mr. Hoffman was instrumental in drafting and implementing laws and regulations designed to protect the elderly.

As a prosecutor, Mr. Hoffman successfully brought civil and/or criminal actions against physicians, managed care organizations, nurses, pharmacists, drug manufacturers, personal care home operators, educational institutions, hospitals and nursing homes.

Mr. Hoffman prosecuted 13 cases involving long-term care facilities utilizing the federal civil False Claims Act to address failure of care. These cases, covering thousands of nursing home residents, resulted in Consent Orders and Settlement Agreements mandating, among other requirements, corporate compliance programs that address clinical issues, diabetes monitoring, nutrition and wound care standards, and pain management protocols. As part of all of these settlements, the nursing homes were mandated to be monitored by geriatric nurse practitioners and medical experts as necessary. Mr. Hoffman maintained his involvement in ensuring resident safety by continued oversight of the monitoring project and intervention through court filings when warranted. Mr. Hoffman has also successfully prosecuted failure of care cases in personal care homes and community-based homes for those with developmental disabilities.

In February 2005, Mr. Hoffman resolved allegations against the University of Pennsylvania and Children's National Medical Center and three physician researchers emanating from a gene therapy study that ended with the death of Jesse Gelsinger. This settlement recovered over a million dollars from the institutions and incorporated
systemic changes designed to protect human research participants. Additionally,
significant restrictions were placed on the individual physician researchers. Mr. Hoffman worked closely with representatives of the FDA and NIH in resolving the allegations and
developing the investigators’ restrictions to ensure that all federal interests were addressed.

In 1996 and again in 2001, Mr. Hoffman was awarded the Director's Award from the United States Department of Justice Executive Office for United States Attorneys for his work in protecting the elderly from abuse and neglect. He also was awarded the 1999 and 2005 Department of Health and Human Services Inspector General’s Integrity Award.

At the Department of Aging, Mr. Hoffman led the development of regulations governing the implementation of the Older Adults Protective Services Act, the law enacted to protect older adults from abuse, neglect, exploitation and abandonment. Mr. Hoffman drafted legislation that improved the lives of older adults including guardianship reform legislation, the Family Caregiver Support Act, and the Older Adults Daily Living Centers legislation. Mr. Hoffman provided legal consultation to all Area Agencies on Aging in Pennsylvania regarding federal and state issues.

Before joining the Department of Aging, Mr. Hoffman was an Assistant District Attorney in Philadelphia, and also served as judicial law clerk to the Honorable Anthony J. Scirica in state and federal court.

Mr. Hoffman is a frequent lecturer for the American Health Lawyers Association and the Health Care Compliance Association. He also has been a Lecturer in Law/Clinical Instructor for Temple University's School of Law (Health Care Fraud Clinical) and has lectured at the University of Pennsylvania School of Law and Villanova University School of Law on health care issues affecting the elderly. He has authored several published articles on quality of care and compliance.

Mr. Hoffman is a member of the Board of Directors of the Delaware Valley Chapter of the Alzheimer’s Association.

Mr. Hoffman is a graduate of the University of Pittsburgh and the University of Pittsburgh School of Law.



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Mr. Hoffman is a member of the Patient Care Ombudsman team that was appointed by the United States Trustee for the Central District of California in the Pacifica Hospital of the Valley, Sun Valley, California case. The Patient Care Ombudsman team is responsible for monitoring the quality of care at the hospital while it is in bankruptcy.

Mr. Hoffman’s article, “Failing to Care: How Effective Compliance Prevents Institutional Elder Neglect” appears in the latest issue of Marquette University School of Law’s Elder’s Advisor. This article was authored as part of Mr. Hoffman’s participation in the Marquette University School of Law’s symposium titled The Kindness of Strangers: Enhancing Lives Through Long-Term Care. Learn More Copyright by Marquette University.

Upcoming Events: Learn More

April 18, 2010: Mr. Hoffman will be speaking at the Health Care Compliance Association’s 14th Annual Compliance Institute in Dallas, Texas. Mr. Hoffman will be participating in a panel discussion titled “How to Find and Address the Real Fraud and Abuse in ‘Quality of Care’”. Mr. Hoffman will be joined on the panel by representatives from the government and private industry.

March 12, 2010: Mr. Hoffman will be presenting at the PA Bar Institute’s 16th Annual Health Law Institute in Philadelphia, PA. Mr. Hoffman will be discussing “Effective Compliance as a Deterrent to Neglect.”

December 16, 2009: Mr. Hoffman will be co-presenting a Health Care Compliance Association sponsored webinar session entitled: Under the OIG Microscope: Hospice, Homecare, and LTC Facilities in Close Focus. Mr. Hoffman will be discussing the implications of the 2010 OIG Workplan on long-term care facilities.

October 14, 2009: Mr. Hoffman will be serving as a moderator for a panel discussion entitled “Hospice Care: The New Frontier for Compliance & Enforcement” at The Eastern Pennsylvania Geriatrics Society’s Fall Program. The panelists include Margaret Hutchinson, Assistant United States Attorney and Deborah Way, MD, Medical Director for Hospice of Philadelphia.

September 23, 2009:
Mr. Hoffman will be teaching a course entitled “Government and Third Party Reimbursement” for Nursing Home Administrators at the University of the Sciences in Philadelphia.

October 12, 2009: Mr. Hoffman will be lecturing at the Health Care Compliance Association’s Quality of Care Compliance Conference in Philadelphia. Mr. Hoffman’s presentation is entitled “How Effective Compliance Assists in Ensuring Patient Safety”.

October 22, 2009: Mr. Hoffman will be co-presenting with Diane Menio, Executive Director of CARIE, at the 34th National Citizen’s Coalition for Nursing Home Reform (NCCNHR) Annual Meeting and Conference in Washington, D.C. Mr. Hoffman’s presentation is entitled “Care Transition from Hospital to Long Term Care: Why Advocacy is Critical.” Mr. Hoffman will be discussing results emanating from a state grant awarded to his firm by the Pennsylvania Department of Aging that focused on patient advocacy during the hospital discharge planning process.

June 25, 2009: Mr. Hoffman will be speaking at the National Association of Medicaid Fraud Control Units’ Resident Abuse Training Program in Baltimore, Maryland. Mr. Hoffman will be discussing Corporate Integrity, Exclusions and License issues.

 
 
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