Daniel A.Cody (Dan)

Partner

San Francisco + 1.4158755835

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Over the past 20 years, Dan Cody has developed a strong understanding of the evolving business and legal challenges impacting health care providers, suppliers, life sciences companies, and other entities in the health care sector. Dan's practice focuses upon counseling and defending hospitals, health systems, post-acute care providers, and digital health and medical technology companies. Specifically, Dan provides regulatory compliance counseling and leads civil fraud and abuse investigations and litigation, particularly under the civil False Claims Act and similar state laws. He represents clients in regulatory and fraud and abuse matters in federal and state courts and state administrative agency proceedings.

Dan regularly advises health care industry clients on a wide array of complex regulatory compliance issues, including federal and state anti-kickback statutes, federal and state referral prohibitions, state corporate practice of medicine limitations, and evolving provisions impacting telemedicine and delivery of remote services. Dan provides guidance to digital health and medical technology companies in navigating the current health care regulatory scheme. He assists health care and life sciences companies with pricing, licensing, accreditation, privacy, and Medicare and Medicaid reimbursement and coverage matters. He has extensive experience interacting with federal and state entities such as the Department of Justice, Centers for Medicare & Medicaid Services, Office of Inspector General, and state administrative agencies.

Dan is a member of the American Bar Association (Health Law Section), American Health Lawyers Association, and California Society for Healthcare Attorneys. Dan is a board member of Larkin Street Youth Services.

Experience

  • Nurx merges with Thirty MadisonJones Day provided healthcare and data privacy counsel to Nurx in connection with its merger with Thirty Madison, a leading digital healthcare company operating across the U.S.
  • Digital health companies, specialty hospitals, and health systems maintain compliance with multistate requirements through 50-state surveyJones Day is representing digital health companies, specialty hospitals, and health systems in maintaining compliance with multistate requirements through a regularly updated, extensive 50-state survey on state laws and regulations applicable to telehealth activities of physicians and other health care professionals including licensing, establishing patient relationships, provider-to-provider consulting, supervision and delegation among providers, and prescribing and treatment standards.
  • Several digital health companies successfully close state regulatory board investigationsJones Day successfully represented several digital health companies and their affiliated physicians in responding to state medical board investigations regarding the provision of clinical services including certain laboratory tests and prescription drug orders.
  • Innovative primary care clinic expands platform and offeringsJones Day is providing on-going strategic regulatory guidance and advice to a membership-based primary care practice in connection with telemedicine, COVID-19 response, and general health care regulatory and compliance matters.
  • Leading specialty telemedicine organization launches novel telemedicine-oriented revenue cycle management offeringJones Day provided health regulatory counsel to one of the Nation’s leading specialty telemedicine organizations for its innovative reimbursement, enrollment, contracting, compliance policies, data privacy, and billing arrangements regarding specialty telemedicine services across the U.S.
  • Durable medical equipment company defends against False Claims Act qui tam lawsuitJones Day is representing a durable medical equipment company in connection with a False Claims Act investigation alleging violation of state best price requirements.
  • Hospital system defends against novel federal and state False Claims Act qui tam lawsuitsJones Day is representing a hospital system in connection with two novel federal and state False Claims Act matters alleging improper arrangements with Medicaid managed health care plans.
  • Large digital health company grows operations across U.S.Jones Day advised a large digital health company in expanding operations throughout multiple states in the U.S. and in responding to several state regulator inquiries regarding its operations.
  • Ambry Genetics sold to joint venture formed by Konica Minolta and Innovation Network for up to $1.0 billionJones Day advised Ambry Genetics Corporation, a leading genetic testing corporation, in its sale to a newly formed joint venture between Konica Minolta, Inc. and Innovation Network Corporation of Japan for up to $1.0 billion (including earnouts).

    • The following represents experience acquired prior to joining Jones Day.

    Successfully negotiated a favorable settlement of a national False Claims Act investigation involving cardiac devices on behalf of a hospital system.

    Acted as counsel for several entities in connection with health care reform implementation and potential corporate transactions.

    Achieved an almost complete reversal of a $1.5 million Medicare contractor post-payment review overpayment determination against a physician utilizing a creative administrative appeal/litigation strategy.

    Represented a skilled nursing facility before the Provider Reimbursement Review Board challenging disallowance of certain Medicare bad debt.

    Represented a hospital in a civil False Claims Act investigation of Medicare claims submitted in connection with a clinical trial.

    Negotiated a $3.8 million settlement for a skilled nursing facility as Medicare reimbursement for providing "atypical services" to Medicare beneficiaries.

    Successfully argued that a skilled nursing facility qualified for "new provider"' designation and obtained repayment of $1.2 million in withheld Medicare reimbursement.

    Obtained successful dismissal of federal lawsuits filed against several skilled nursing facilities and hospitals alleging violation of the Medicare Secondary Payer provisions.

    Counseled an institutional pharmacy in its internal reorganization of its pharmacy services delivery system.

    Successfully represented a DME company in connection with a California Attorney General Medi-Cal False Claims Act qui tam investigation.

    Represented a public hospital company in its $150 million high yield bond offering and second offering of $4.5 million in common stock.

    Provided ongoing counsel to Fortune 500 pharmaceutical provider regarding state Medicaid pharmacy reimbursement methodologies, including usual and customer charge/most favored nation limitations.

    Represented MedCath Corporation in connection with general health care regulatory and compliance matters.

    Prepared comments to proposed federal and state legislation impacting clients.

    View All

    September 2022 Alert

    Telehealth Awareness Week: Insights on Telehealth

    September 2022 Alert

    California Attorney General Initiates Novel Investigation Into Potential Health Care Algorithm Bias

    July 2022 Commentary

    HHS-OIG Approves Provision of Zero-Interest Financing to Medical Device Customers

    March 2022 Alert

    U.S. Federal Actions Support Continued Telehealth Services for Medicare Beneficiaries

    March 2022 Newsletters

    Vital Signs: Digital Health Law Update | Winter 2022

    February 2022 Alert

    DOJ Announces Second-Largest Annual Total Recoveries in False Claims Act History

    February 2022 Commentary

    Fourth Circuit Limits Who Can Act "Knowingly" Under False Claims Act

    October 2021 White Paper

    Executive Order on Promoting Competition in the American Economy: A Focus on Patent and Drug Law to Reduce Health Care Spending

    September 2021 Commentary

    Federal Enforcement Keeps Pace with the Expansion of Telemedicine Services

    August 2021 Commentary

    Federal Court of Appeals Emphasizes Only Defendants Who Act "Knowingly" Can Be Liable Under the False Claims Act
    View All

    Speaking Engagements

    • November 23, 2021
      AI and Telehealth: Addressing Licensing, Informed Consent, Privacy, Liability, and Other Legal Challenges
    • July 8, 2020
      CARES Act Provider Relief Fund: Avoiding Potential Pitfalls Under the False Claims Act
    • March 14, 2018
      Tackling Disruption: The Telehealth Frontier VM Global Leadership Summit 2018
    • January 26, 2017
      False Claims Act Roundup
    • October 20-21, 2016
      California Minority Counsel Program – 27th Annual Business Conference

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